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Small Claims

Small claims court is the one part of the American legal system genuinely designed for people without lawyers: simple forms, low fees, an informal hearing, and in several states attorneys are barred from appearing at all. Limits vary widely between states, from a few thousand dollars to $20,000 or more, so the first question is always what your state's ceiling is. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

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Small Claims at a glance

Limits vary widely

From a few thousand dollars in some states to $20,000 or more in others — check yours

Some states bar attorneys

Which levels the field considerably when you are suing a business

You can waive the excess

A claim slightly over the limit can usually proceed by giving up the difference

Sue the right legal entity

A business's registered name, not the name on the sign

Winning is not collecting

The judgment is permission to collect, and collection is the hard part

Before you file

Send a written demand letter with the amount, the reason and a deadline — it settles a real share of disputes and reads well to a judge later. Check your state's statute of limitations, which for most contract and property claims runs several years but varies. Identify the defendant precisely: for a business, look up the registered legal name and agent for service with the secretary of state, because a judgment against a trade name that does not legally exist is worthless. And ask yourself honestly whether the defendant has assets or income — that question decides whether the whole exercise is worth it. Talk it through with a lawyer now →

The hearing

It is informal and fast. The judge has read the file, asks direct questions, and wants a clear account rather than argument. Bring three copies of everything: the contract, invoices, receipts, photographs, messages, and a one-page chronology. Witnesses generally have to attend in person to carry weight. Many courts route cases to a free mediator first, and settling there — for a slightly smaller sum paid promptly — is frequently a better outcome than a judgment you then have to chase. Dress properly, arrive early, and address the judge as Your Honor. Talk it through with a lawyer now →

Collecting, the part nobody warns you about

A judgment does not produce money. Enforcement tools vary by state but generally include wage garnishment, bank levies, liens on real property, and a debtor's examination in which the defendant must answer under oath about their assets — often the most useful step, and underused. Each has a fee and each suits different circumstances: garnishment is useless against the self-employed, a property lien is slow but reliable against a homeowner. Judgments last for years and can usually be renewed, so a defendant with nothing today may be collectable later. Talk it through with a lawyer now →

Making a small claim, step by step

Send a dated demand letter with a deadlineMany disputes end here, and it helps if they do not.

Confirm your state's limit and the defendant's legal nameBoth are quick lookups that prevent expensive mistakes.

Prepare three copies of a tight evidence bundleJudge, opponent, you. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

Small Claims — your questions answered

How much can I sue for in small claims?

It depends entirely on your state, and the range is wide — from a few thousand dollars to $20,000 or more. If your claim exceeds the limit you can usually waive the excess and proceed anyway, which is often worth it given how much cheaper and faster small claims is than regular civil court. Check your state court's website for the current figure, as several states have raised theirs in recent years.

Can I bring a lawyer to small claims court?

In some states yes, in others no — several bar attorneys from appearing precisely so that ordinary people are not outgunned. Even where lawyers are permitted, the fees usually exceed what is at stake and are generally not recoverable. Where advice genuinely helps is before you file: the limitations date, the right defendant, and how to frame the claim.

I won but they will not pay. What now?

You move to enforcement, and it is a separate exercise. Start with a debtor's examination, which compels the defendant to disclose assets and income under oath — it is the step most people skip and the one that makes everything else possible. Then choose the right tool: wage garnishment, a bank levy, or a lien on property. Judgments last for years and can typically be renewed, so someone who is judgment-proof now may not be later.