Small Claims Filing Checklist
How it works
A small claims court checklist guides plaintiffs through the process of filing a small claims action — from determining eligibility to attending the hearing. The Small Claims Filing Checklist identifies required documentation, procedural steps, and common mistakes to avoid.
**Small claims limits by state** Small claims courts hear cases below a monetary threshold: California $12,500 (individual) / $6,250 (business); New York $10,000 (City) / $5,000 (other courts); Texas $20,000; Florida $8,000; Illinois $10,000. Claims above the threshold must be filed in general civil court. You typically cannot split a single claim into multiple small claims cases to stay below the limit.
**Pre-filing checklist** Attempt to resolve: most courts require or prefer documented attempts to resolve before filing. Send a formal demand letter. Confirm your claim is within the dollar limit. Identify the correct defendant: individual's legal name and address; for businesses, the registered agent's name and address (look up with your state's Secretary of State). Gather all documentation: contracts, invoices, receipts, correspondence, photographs. Calculate your claim precisely: principal amount, plus interest accrued, plus court filing fees (if recoverable under your contract).
**Filing process** Complete the claim form (available at the courthouse or online). Pay the filing fee ($30–$75 typically). Obtain a hearing date. Serve the defendant: methods vary by state (certified mail, personal service, sheriff service). File proof of service before the hearing.
**Hearing preparation** Organize evidence in chronological order. Prepare a 2–3 minute narrative of the dispute. Bring original documents and 3 copies. Bring witnesses if available. Practice your presentation — judges appreciate concise, factual testimony.
This tool provides a general checklist. Procedures vary by jurisdiction — verify with your local small claims court.
Frequently Asked Questions
- Small claims court handles simple civil money disputes up to a dollar limit that varies by state: California $12,500, New York $10,000, Texas $20,000, Florida $8,000. Common cases: security deposit disputes, unpaid invoices/loans, property damage, auto accidents, contractor disputes, and consumer fraud. Cannot use small claims for: criminal matters, family law, evictions, cases requiring injunctions, and most federal law claims. Small claims procedures are simplified — no formal pleadings, rules of evidence are relaxed.
- Defendant's legal name and current address (required to serve them — cases are dismissed if you can't serve the defendant), the amount you're claiming and how you calculated it, documentation supporting your claim (contracts, invoices, photos, emails, receipts), evidence of your attempts to resolve the dispute before suing, filing fee (typically $30–100 depending on amount and state), and the court's claim form. File in the court with jurisdiction over where the defendant lives, where the contract was made, or where the dispute arose.
- Winning a judgment doesn't mean automatic payment — collection is your responsibility. Options: wage garnishment (employer deducts from defendant's paycheck), bank levy (court orders the bank to release funds), property lien (prevents property sale without satisfying judgment), and till tap/keeper (for businesses — marshal collects from cash register). You can charge post-judgment interest. Collection is often the hardest part — small claims judgments against individuals without assets can be uncollectable. Consider collectability before spending time and filing fees on a case.
- The same statute of limitations that applies to the underlying claim type applies to small claims — the court is just a simplified venue, not a different legal system. Written contracts: 4–6 years in most states. Oral contracts: 2–4 years. Property damage: 3 years. Personal injury: 2–3 years. The clock runs from when the cause of action accrued (when you were harmed or when payment was due). File before the statute runs — courts dismiss expired claims regardless of merits. If the deadline is approaching, file first and gather more evidence afterward.