1. What Is a Small Claim?
A small claim is a legal action filed in small claims court to resolve minor disputes involving money or property damages. Small claims court provides an accessible, affordable, and straightforward way to recover money without needing a lawyer.
Examples of Small Claims:
- Unpaid debts or loans.
- Damaged or lost property.
- Breach of contract.
- Landlord-tenant disputes, such as unreturned security deposits.
- Refunds for defective goods or poor-quality services.
Small claims courts have monetary limits that vary by state, typically ranging from $2,500 to $20,000.
2. Steps to Make a Small Claim
Step 1: Determine if Your Case Qualifies for Small Claims Court
Before filing, ensure your case meets these requirements:
- The amount you are claiming is within your state’s small claims limit.
- The dispute involves money, not criminal issues or complicated legal matters.
- The defendant (the person you’re suing) lives, works, or does business in the jurisdiction where you are filing.
Monetary Limits by State:
| State | Claim Limit |
|---|---|
| California | $10,000 (individuals) |
| Texas | $20,000 |
| New York | $10,000 (varies by county) |
| Florida | $8,000 |
| Illinois | $10,000 |
If your claim exceeds the small claims court limit, you can:
- Reduce your claim amount to meet the court’s cap.
- File the case in a higher court (e.g., civil court).
Step 2: Send a Demand Letter
Before filing, many courts require you to send a demand letter to the person or business you’re suing. A demand letter is a formal request to resolve the issue outside of court.
What to Include in a Demand Letter:
- A clear explanation of the issue.
- The exact amount you’re claiming.
- A deadline for the recipient to respond (e.g., 10–15 days).
- Supporting documents (e.g., receipts, invoices, photos).
Why Send a Demand Letter?
- It may resolve the issue without going to court.
- It shows the court you made an effort to settle the dispute.
Step 3: Gather Evidence to Support Your Claim
Prepare strong evidence to present your case, including:
- Receipts and Invoices: Proof of payments or money owed.
- Contracts or Agreements: Written or verbal agreements outlining the dispute.
- Photos or Videos: Visual proof of damage or faulty products.
- Communication Records: Emails, texts, or letters related to the dispute.
- Witness Statements: Signed statements or witnesses who can testify.
Step 4: File the Claim in Small Claims Court
Visit your local courthouse or its website to obtain the necessary forms. The main form is often called a Complaint or Plaintiff’s Claim (e.g., SC-100 in California).
How to File Your Claim:
- Complete the Claim Form: Include details like:
- Your name and contact information.
- The defendant’s full legal name and address.
- The amount of money you are claiming.
- A brief description of the dispute.
- Submit the Form: File the completed form at the appropriate courthouse.
- Pay the Filing Fee: Fees typically range from $30 to $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 the clerk for a fee waiver form to request financial assistance.
Once you file, the court will assign you a case number and provide a hearing date.
Step 5: Serve the Defendant
After filing your claim, the defendant must be officially notified through service of process. Serving the defendant ensures they know about the case and hearing date.
Methods of Service:
- Certified Mail: The court may mail the documents for a fee.
- Process Server: Hire a professional to deliver the papers.
- Sheriff or Constable: Local law enforcement can deliver the documents.
Proof of Service: Once the defendant is served, file a Proof of Service form with the court to confirm the documents were delivered.
Step 6: Prepare for the Court Hearing
To strengthen your case:
- Organize Your Evidence: Arrange all documents, photos, and witness statements.
- Practice Your Argument: Be prepared to clearly explain:
- What happened.
- Why the defendant owes you money.
- How you calculated the claim amount.
- Make Copies: Bring at least three copies of all evidence—one for you, one for the judge, and one for the defendant.
Step 7: Attend the Court Hearing
On the day of your hearing:
- Arrive Early: Arrive 30 minutes before the hearing.
- Check In: Notify the court clerk that you’re present.
- Present Your Case:
- Explain your case clearly and respectfully.
- Show evidence and call witnesses if needed.
- Listen to the Defendant: The defendant will have a chance to respond and present their side.
The Judge’s Decision:
- The judge may make a decision immediately or send it in writing later.
- If you win, the judge will issue a judgment ordering the defendant to pay you.
3. What Happens After You Win a Small Claim?
If you win, the defendant must pay you the judgment amount. If they don’t:
- Wage Garnishment: Deduct payments from the defendant’s paycheck.
- Bank Levy: Seize funds from the defendant’s bank account.
- Property Lien: Place a lien on their property until they pay.
4. What If You Lose the Case?
If you lose:
- You may not recover any money.
- In most states, you cannot appeal unless you’re the defendant.
5. Tips for Filing a Successful Small Claim
- Document Everything: Strong evidence is key to winning your case.
- Be Professional: Speak calmly and respectfully in court.
- Know the Limits: Make sure your claim does not exceed the small claims court cap.
- Follow Deadlines: File your claim and serve the defendant on time.
Conclusion
Making a small claim is a simple and cost-effective way to resolve disputes involving money or property damages. By following the steps—filing your claim, serving the defendant, gathering evidence, and presenting your case—you can successfully navigate small claims court and recover what you are owed.