The six steps, in order:
- Check that your claim qualifies — the right kind of dispute, in the right court, under your state's limit.
- Send a demand letter — required for some claims, and it often ends the dispute without a filing.
- Fill out your state's small claims form — the form, and even its name, is different in every state.
- File it at the courthouse — filing fees typically run $30–$75.
- Serve the defendant — usually by certified mail, a sheriff, or a process server.
- Prepare your evidence and attend the hearing.
Step 3 is where most people stall, because there is no national small claims form: find your state's small claims forms →
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There is no national small claims form. Pick your state for its exact form name and number, current filing fee, claim limit, and the official court link:
Small claims court exists specifically to resolve disputes involving smaller amounts of money without requiring attorneys or complex legal procedures. In most states, the process is designed to be accessible to anyone willing to follow the steps and prepare their case.
The process varies somewhat by state, but the core steps are consistent across the country. This guide covers those steps in order.
Step 1: Determine If You Have a Valid Claim
Before filing, confirm three things: you have a legal basis for your claim, the amount you are seeking is within your state's small claims limit, and you are filing in the correct court.
Common valid small claims cases include:
- Unpaid loans or debts owed to you
- Security deposit disputes with a landlord
- Property damage caused by another party
- Breach of a contract for goods or services
- Defective goods or poor workmanship by a contractor
- Minor vehicle accidents where liability is clear
Small claims court cannot be used for cases involving custody, divorce, immigration, or criminal matters — these require different courts.
Small Claims Limits by State (Selected)
| State | Limit (Individual) |
|---|---|
| California | $12,500 |
| Texas | $20,000 |
| Florida | $8,000 |
| New York | $10,000 |
| Illinois | $10,000 |
| Pennsylvania | $12,000 |
| Georgia | $15,000 |
| Ohio | $6,000 |
Check your state court's website for the current limit in your jurisdiction — limits change periodically.
Step 2: Send a Demand Letter First
Before filing a court case, send the defendant a written demand letter stating what you are owed and giving them a deadline to pay — typically 14 to 30 days. This step is required in some states and strongly recommended in all of them for two reasons:
- Many disputes are resolved at this stage without any court involvement
- The letter demonstrates to the judge that you made a good-faith effort to resolve the matter before filing
Send the demand letter by certified mail with return receipt so you have proof it was received.
Step 3: Fill Out Your Small Claims Form
Every state uses its own small claims complaint form, and the name varies — you may see it called a Statement of Claim, Plaintiff's Claim, Affidavit, or Complaint. The field names change, but the information they ask for is nearly identical everywhere:
- Plaintiff (you): your full legal name and current mailing address.
- Defendant: the exact legal name of the person or business you're suing, plus a current address. For a business, sue the correct legal entity and use its registered agent — look this up on your state's Secretary of State business search.
- Amount claimed: the exact dollar figure you're owed, up to your state's small claims limit. Add up each specific loss rather than estimating.
- Statement of claim: a few plain, factual sentences — what was agreed, what went wrong, and why the defendant owes you the money. No legal jargon required.
- Signature and date: sign the form, and be ready to have it notarized if your court requires it.
Filing varies by state and county. The exact form, the filing fee, where you file, and how you serve the defendant all depend on your location. Get the current official form and instructions from your state court — see small claims forms by state for where to find them.
The form in the states people ask about most
Form names are not cosmetic — in several states the answer to "which form do I fill out?" is that there isn't one to fill out in advance. These are the states we hold verified form data for:
| State | What opens the case |
|---|---|
| California | SC-100 Plaintiff's Claim, plus the SC-104 service series and FW-001 to ask for a fee waiver |
| Texas | No statewide numbered form. Each Justice of the Peace precinct supplies its own petition, so you pick the precinct first |
| New York | Nothing to fill out in advance. The clerk prepares your statement and notice of claim with you, in person |
| Florida | A Statement of Claim from the 7.330–7.335 set — which one depends on your claim type; the clerk issues the 7.322 Notice to Appear |
| North Carolina | AOC-CVM-200 for money owed, CVM-201 to recover property, CVM-202 for ejectment, plus the CVM-100 summons |
| Massachusetts | Statement of Small Claim and Notice of Trial (statewide) |
| Illinois | CS-C 702.1 Small Claims Complaint, with CS-S 705.1 summons and ATJ 601.9 fee waiver |
| Michigan | DC 84 Affidavit and Claim |
| Minnesota | Statement of Claim and Summons (filed in Conciliation Court) |
| Oregon | Small Claim and Notice of Small Claim |
| Connecticut | JD-CV-40 Small Claims Writ and Notice of Suit |
For the other 39 states and D.C., the forms-by-state directory lists the claim form, the court and the limit for each. Always download the current version from your own state court — form numbers get revised.
On fees and notarization: filing fees are set per state and often per county, and they change; we publish a figure only for the states where we have checked it against the court's own published schedule, so the state guides above are the place to look rather than any national number. Most states have you sign the claim under penalty of perjury rather than before a notary, but a few courts do require notarization — the clerk will tell you in one question, and it is worth asking before you make the trip.
Step 4: File Your Complaint at the Courthouse
Go to the small claims clerk's office at your local courthouse. You will need the defendant's full legal name and current address — for a business, this is the registered agent's name and address, which you can find through your state's Secretary of State business lookup. Fill out the complaint form, pay the filing fee (typically $30–$75 depending on the state and claim amount), and receive your court date.
Step 5: Serve the Defendant
The defendant must be formally notified of the lawsuit. Most courts offer service by certified mail for an additional fee, which is the simplest option. Some states allow personal service by a process server or county sheriff. Service must be completed before the hearing date — typically at least 5–10 days in advance. If service fails, you will need to reschedule your hearing.
Step 6: Prepare Your Evidence and Attend the Hearing
Prepare Your Evidence
Organize every document that supports your claim: contracts, invoices, receipts, text messages, emails, photos, and bank statements showing the money owed. Make three copies of everything — one for yourself, one for the judge, and one for the defendant. Arrange your documents in chronological order and be ready to walk the judge through them clearly and concisely.
Attend the Hearing
Arrive early. Dress professionally. When called, state your case clearly and factually — judges appreciate brevity. Present your evidence, explain the timeline of events, and state the specific amount you are seeking. Do not argue with the defendant during their response; you will have a chance to reply. Stick to the facts and the documents.
What to Bring to the Hearing
- Three copies of all evidence, organized chronologically
- Your demand letter and proof it was received (certified mail receipt)
- Any witnesses who can corroborate your account
- A written summary of the key facts and timeline — to keep yourself on track
- A calculator if your claim involves multiple itemized amounts
What Happens If the Defendant Doesn't Show
If you appear and the defendant does not, the judge will typically issue a default judgment in your favor for the amount you claimed. You still need to be present and prepared to briefly state your case. Do not assume a no-show automatically means you win without appearing yourself.
After You Win: Collecting Your Judgment
Collecting is not one of the six filing steps — it only starts once you have a judgment in hand, and it is the part most people are unprepared for.
Collect Your Judgment
Winning the case does not automatically put money in your account. If the defendant does not pay voluntarily, you must enforce the judgment. Options include wage garnishment, bank account levy, or placing a lien on property — the available methods depend on your state. The court clerk's office can provide the forms needed to begin enforcement proceedings.
The single most important thing: Know your exact dollar amount before you walk in. Add up every specific loss — the unpaid invoice, the damage estimate, the cost to replace the item. Judges expect a specific number backed by documents, not a general figure.
How Filing Small Claims Varies by State
The six steps above are the same everywhere, but four details change from state to state, and you need the right ones before you file:
- The form name and number. The complaint might be a Plaintiff's Claim (SC-100 in California), a Statement of Small Claim, a Notice/Claim/Summons (JDF 250 in Colorado), a Petition (Form SC 40 in Missouri), or a Complaint for Money Owed (AOC-CVM-200 in North Carolina).
- The claim limit. How much you can sue for ranges widely — for example $12,500 in California, $7,000 in Massachusetts, $7,500 in Colorado, $5,000 in Missouri, and $10,000 in North Carolina.
- The filing fee and how the defendant must be served.
- Which court hears the case and where you file it.
Pick your state from the list above for the exact form names, current filing fees, claim limit, and official links — then come back and follow the steps above. If you are filing in one of these cities, the venue rules are narrower than the state page covers:
- Filing small claims in Boston — which Boston Municipal Court division to use, and the current Massachusetts fee tiers. See also Massachusetts small claims forms.
- Small claims court in Denver — the Denver County Court small claims division and Colorado's JDF form set. See also Colorado small claims forms.
- All 50 states & D.C. → Small Claims Court Forms by State — form names, claim limits, and filing fees in one table.
Generate Your Small Claims Forms in Minutes
SmallClaimsHelper creates state-specific complaint forms, demand letters, and service documents — ready to file for $19.
Start My Claim — $19The Bottom Line
Small claims court is one of the most accessible parts of the legal system. The process is straightforward when you follow the steps in order, prepare your documentation thoroughly, and present your case clearly. The majority of people who file well-documented small claims cases walk out with a judgment in their favor.
This guide is general information, not legal advice. Small claims forms, fees, and procedures vary by state and county — verify the current requirements with your local court before you file.
Frequently asked questions
How do you fill out a small claims court form?
Small claims complaint forms ask for the same core information in every state, even though the form's name and number differ. You provide the plaintiff's and defendant's full legal names and current addresses (for a business, use its registered agent), the exact dollar amount you are claiming, and a brief factual statement of what happened — what was agreed, what went wrong, and why you are owed the money. Keep the statement to a few plain sentences, sign and date the form, and make copies for the court, the defendant, and yourself before you file. Always use the current official form from your state court, because form versions and fields change.
What happens if the defendant doesn't show up to small claims court?
If the defendant was properly served and does not appear at the scheduled hearing, the judge will typically issue a default judgment in your favor for the amount you requested. You will still need to present basic evidence supporting your claim. A default judgment does not automatically mean you collect — you may need to take additional steps to enforce the judgment, such as wage garnishment or bank levy, if the defendant does not voluntarily pay.
What is the small claims court limit in my state?
Small claims limits vary significantly by state. As of 2026, some examples: California allows up to $12,500 for individuals ($6,250 for businesses), Texas up to $20,000, Florida up to $8,000, New York up to $10,000 in NYC and $5,000 elsewhere, and Illinois up to $10,000. If your claim exceeds your state's limit, you can either reduce your claim to the limit or file in a higher court where an attorney may be necessary.
Do I need a lawyer for small claims court?
No. Small claims court is specifically designed for people to represent themselves without an attorney. In many states, attorneys are actually prohibited from representing parties in small claims hearings. The process is simplified and the rules of evidence are relaxed compared to other courts. SmallClaimsHelper generates a word-for-word judge script so you know exactly what to say when you appear.
How much does it cost to file a small claims court case?
Filing fees vary by state and claim amount, typically ranging from $30 to $100. Some states charge additional fees for service of process. Court filing fees are generally recoverable if you win — you can include them in the amount you are seeking from the defendant. SmallClaimsHelper generates your state-specific forms for a $19 flat fee, which is separate from the court filing fee you pay at the courthouse.
What types of cases can be filed in small claims court?
Small claims court handles disputes involving money. Common cases include: unpaid debts or loans, security deposit disputes between landlords and tenants, property damage claims, breach of contract for services or goods, unpaid wages, and minor personal injury claims. Small claims court cannot handle most family law matters, felony criminal cases, or injunctions. Each state has its own list of permitted and excluded case types.