How to File a Small Claims Case: Step by Step

Small claims procedure differs by state in its exact deadlines and dollar figures, but the shape of the process is the same almost everywhere: check that your claim qualifies, pay the filing fee, get the defendant served, show up to the hearing, and — if you win — collect. Here's what happens at each step and what it costs.

1. Check that your claim qualifies

Small claims court has a maximum dollar amount, and it's lower for businesses suing than for individuals in some states. Use the Small Claims Limit Checker to confirm your claim fits, by state and plaintiff type. You also need to file within your state's statute of limitations for the type of claim you have — the Statute of Limitations Checker shows how much time is left.

2. Pay the filing fee — or ask to have it waived

Filing opens your case and costs a fee set by the court, usually scaled to how much you're suing for. The Filing Fee Calculator shows the exact fee for your state and claim amount, cited to that court's own fee schedule. If paying it would be a financial hardship, most courts will waive it — check the Fee Waiver Eligibility Checker before you assume you have to pay.

3. Get the defendant served

A filed claim doesn't move forward until the defendant has been formally notified — this is called service of process, and courts require proof it happened before they'll hold a hearing. Depending on your state, it's done by the sheriff, a private process server, or certified mail, and the cost varies by method and county. The Service of Process Cost Calculator breaks down what each option costs where you filed.

4. Prepare for the hearing

Small claims hearings are informal and usually don't allow attorneys, but they still run on evidence — bring documents, photos, receipts, and any witnesses who saw what happened. A witness who won't show up voluntarily can be compelled with a subpoena, which comes with its own statutory fee and mileage reimbursement; see the Witness Fee & Subpoena Cost Calculator for what that costs by state.

5. If you win: collecting the judgment

Winning gets you a judgment, not a check — the court doesn't collect the money for you. Unpaid judgments accrue statutory interest in every state (see the Judgment Interest Calculator), and if the debtor doesn't pay voluntarily, collection tools like wage garnishment or a bank levy usually come with their own filing and service costs. Compare what each route costs with the Wage Garnishment Calculator and the Judgment Collection Cost Calculator. Judgments also expire — the Judgment Renewal Calculator shows when yours does and what renewing it costs.

6. If you lose: appeal

Most states let either side appeal a small claims judgment within a short window after the ruling, usually to a higher trial court for a fresh hearing. Appealing has its own filing fee, separate from the original small claims fee — see the Small Claims Appeal Cost Calculator for what it costs in your state.

What it all adds up to

Filing fee plus service of process is the minimum out-of-pocket cost to get a case in front of a judge — before witness fees, collection costs, or an appeal. The Total Cost to Sue Calculator adds the two together for your state, so you know the real number before you file.

This step order follows the process described in the California Courts Self-Help Guide to small claims, which follows the same broad shape most states use — check your own court's self-help resources for the procedural detail specific to your case.