How to Make a Small Court Claim: Step-by-Step Guide

Table of Contents

1. What Is a Small Court Claim?

A small court claim is a legal process used to resolve minor disputes involving money or property damages. Small claims courts offer a simple, quick, and affordable way for individuals or businesses to settle issues without hiring an attorney.

Common Small Claims Include:

Unpaid loans or debts.
Property damage (e.g., car accidents, broken items).
Breach of contract or agreements.
Landlord-tenant disputes (e.g., withheld security deposits).
Refunds for defective goods or poor services.

Claim Limits:
The maximum claim amount varies by state but usually ranges from $2,500 to $20,000.

2. Steps to Make a Small Court Claim

Step 1: Confirm Eligibility for Small Claims Court

Before filing, ensure your case qualifies:

Your claim is within the monetary limit set by your state or county.
The defendant (person/business being sued) lives, works, or does business in the jurisdiction where you are filing.
The case involves money disputes, not criminal matters or complex legal issues.

Example Claim Limits:

California: $10,000 (individuals).
Texas: $20,000.
New York: $10,000 (varies by county).

Step 2: Attempt to Settle the Dispute Outside Court

Before filing a claim, try to resolve the dispute directly. Send a demand letter to the defendant requesting payment or resolution.

What to Include in a Demand Letter:

A clear explanation of the issue.
The amount you are owed.
A deadline for the defendant to respond (e.g., 10–15 days).
Supporting documents (e.g., receipts, photos, or contracts).

If the defendant does not respond or refuses to pay, proceed with filing the claim.

Step 3: Gather Information and Evidence

To make your claim strong, collect the following:

Names and addresses of the plaintiff (you) and defendant.
Details of the dispute, including dates, events, and amounts owed.
Supporting evidence, such as:
- Contracts or agreements.
- Receipts, invoices, and estimates.
- Photos, videos, or written communication (emails, texts).
- Witness statements, if applicable.

Step 4: Complete Small Claims Court Forms

Visit your local courthouse or its website to obtain the necessary forms. The main form is often called:

Plaintiff’s Claim or Statement of Claim (e.g., SC-100 in California).

Information Required:

Your name and address (plaintiff).
Defendant’s name, address, and contact details.
A description of the claim (what happened, when it happened, and how much you are owed).

Tip: Double-check all details to ensure accuracy, as mistakes can delay your case.

Step 5: File Your Claim with the Court

Once you complete the forms:

File the forms at the appropriate small claims court.
Pay the filing fee (usually $30–$200, depending on the state and claim amount).

Claim Amount	Typical Filing Fee
Up to $1,500	$30–$50
$1,501 to $5,000	$50–$75
$5,001 to $10,000	$75–$200

Fee Waiver: If you cannot afford the fee, ask for a fee waiver form to apply for financial assistance.

Step 6: Serve the Defendant

After filing, you must legally notify the defendant about the lawsuit. This process is called service of process.

Methods of Service:

Certified Mail: The court may send the papers via certified mail for a small fee.
Sheriff or Constable: Law enforcement can deliver the documents for a fee.
Process Server: Hire a professional to serve the defendant.

Proof of Service: File a Proof of Service form with the court to confirm the defendant was notified.

Deadline: Service must typically be completed 15–30 days before the hearing date.

Step 7: Prepare for the Court Hearing

To present a strong case, prepare thoroughly before your court date:

Organize Your Evidence:
- Contracts, receipts, photos, estimates, and communications.
- Witnesses or signed witness statements.
Practice Your Argument:
- Be clear and concise about what happened and why you are owed money.
- Create a timeline of events to help explain your case logically.
Make Copies:
- Bring at least three copies of all evidence: one for you, one for the judge, and one for the defendant.

Step 8: Attend the Court Hearing

On the hearing date:

Arrive early and dress professionally.
Bring all evidence, forms, and witnesses.
Present your case clearly:
- Explain the dispute and why the defendant owes you money.
- Show your evidence.
- Be respectful and remain calm.

What to Expect:

You will present your case first.
The defendant will have an opportunity to respond.
The judge will ask questions, review the evidence, and make a decision.

Step 9: The Judge’s Decision

The judge may:

Announce a decision immediately in court.
Send the ruling to both parties by mail within a few weeks.

3. What Happens If You Win the Case?

If the judge rules in your favor, the court will issue a judgment ordering the defendant to pay you.

Collecting Your Judgment:

If the defendant does not pay voluntarily, you can take steps to collect the judgment, such as:

Wage Garnishment: Deducting funds from the defendant’s paycheck.
Bank Levy: Seizing funds from the defendant’s bank account.
Property Lien: Placing a lien on their property until the debt is paid.

4. What If You Lose the Case?

If the judge rules against you:

You may not recover the money you claimed.
Depending on your state, you may have the option to appeal the decision.

5. How Long Does It Take to Make a Small Court Claim?

Filing to hearing: Usually 1–3 months.
Decision and payment: If the defendant pays voluntarily, you may receive payment shortly after the ruling.

6. Tips for Filing a Successful Small Claim

Send a Demand Letter: Attempt to settle the dispute outside court first.
Be Organized: Collect strong evidence to prove your case.
Follow Deadlines: File forms and serve the defendant on time.
Stay Professional: Speak clearly and respectfully in court.

Conclusion

Making a small court claim is a straightforward process for resolving disputes involving money or property damages. By following the steps—filing your claim, serving the defendant, gathering evidence, and preparing for the hearing—you can present a strong case and increase your chances of winning. Small claims court provides a cost-effective way to pursue justice without the need for a lawyer.

Martin taggart