Where do I file my small claims case?

File in the county where the defendant lives, where the dispute occurred, or where the contract was signed (rules vary by state). If the defendant is a business, file where the business is located.

What if the defendant doesn't pay after I win?

You can enforce the judgment through bank levies, wage garnishment (up to 25% of wages), property liens, or a debtor's exam. Judgments are valid for 10-20 years and accrue interest.

What if the defendant doesn't show up to small claims court?

If the defendant fails to appear, the judge will typically issue a 'default judgment' in your favor. You still need to present your evidence and prove your case. However, collecting on a default judgment can still be challenging if the defendant has no assets or income.

Can I appeal a small claims court decision?

In most states, only the defendant can appeal a small claims judgment. The appeal deadline is typically 10-30 days. Some states like California allow either party to appeal, but the case will be re-heard de novo (from scratch) in a higher court.

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US Legal Brain Editorial Team
Published: 2026-07-03 · 6 min read · Reviewed by legal professionals

How to Sue in Small Claims Court (2026)

Last reviewed: July 4, 2026 | By US Legal Brain Editorial Team

Key Takeaways

Filing costs $30-$75; fee waivers available for low-income filers
Send a demand letter first — it shows the judge you tried to resolve the dispute
File in the county where the defendant lives or where the dispute occurred
Bring 3 copies of all evidence: one for you, the judge, and the defendant
Winning a judgment is just step 1 — you then need to enforce it (bank levy, wage garnishment, lien)
Judgments last 10-20 years and accrue interest

Step 1: Send a Demand Letter

Before filing, send a formal demand letter by certified mail. This shows the judge you tried to resolve the dispute without court.

Include:

What happened (brief, factual summary)
How much money you're owed and why
Deadline to pay (14-30 days)
Statement that you'll file in small claims court if not resolved

Keep a copy and the certified mail receipt. About 50% of disputes settle at this stage.

Step 2: File the Claim

Go to the small claims court clerk's office. You'll need:

Defendant's full legal name and address
Amount of your claim (must be under your state's limit)
Brief description of the dispute
Filing fee ($30-$75, or fee waiver if low-income)
Identification

The clerk will assign a case number and hearing date (typically 30-60 days out).

Step 3: Serve the Defendant

The defendant must be formally notified of the lawsuit. Service options:

Method	Cost	Pros/Cons
Certified mail	$10-$15	Cheapest; defendant must sign for it
Process server	$35-$75	Professional; reliable proof of service
Sheriff/marshal	$30-$50	Official; intimidating to defendant
Friend (18+, not involved)	Free	Must fill out proof of service form

You need "proof of service" showing the defendant received the papers. Without it, the case cannot proceed.

Step 4: Prepare Your Evidence

Evidence	What to Bring
Contracts/agreements	Original document + copies
Payment records	Receipts, bank statements, canceled checks
Communication	Emails, text messages, voicemails (transcribed)
Photos	Damage photos, scene photos (printed, not just on phone)
Demand letter	Copy of letter + certified mail receipt
Witnesses	Have them appear in person (written statements are less effective)
Repair estimates	2-3 written quotes from licensed professionals

Bring 3 copies of everything: one for you, one for the judge, one for the defendant.

Step 5: Go to Court

Dress neatly (business casual minimum)
Arrive 30 minutes early
Address the judge as "Your Honor"
Present facts in chronological order
Don't interrupt the judge or defendant
Keep emotions out of it — stick to facts
Have your evidence organized and ready

The hearing typically lasts 10-15 minutes. The judge may rule immediately or mail the decision within 1-2 weeks.

Step 6: Enforce the Judgment

If you win, the defendant has 30 days to pay (in most states). If they don't pay:

Method	What It Does	When to Use
Bank levy	Takes money from their bank account	You know their bank
Wage garnishment	Takes up to 25% of their paycheck	You know their employer
Property lien	Claims their real estate	They own property
Debtor's exam	Court orders them to disclose assets	You don't know their assets
Till tap	Sheriff takes cash from business register	Defendant is a business

Frequently Asked Questions

How much does it cost to sue?

$30-$75 filing fee depending on state and claim amount. Low-income filers can request a fee waiver. Add the filing fee to your claim.

Where do I file?

File in the county where the defendant lives, where the dispute occurred, or where the contract was signed. For businesses, file where the business is located.

What if the defendant doesn't pay?

Use bank levies, wage garnishment (up to 25%), property liens, or a debtor's exam. Judgments last 10-20 years and accrue interest (5-10%/year).

Can I sue a business?

Yes. You can sue corporations, LLCs, partnerships, and sole proprietors. For corporations, contact the Secretary of State to find the registered agent for service.

Official Resources

Need help with your small claims case? Ask our AI legal assistant - available 24/7 in English and Chinese.

Official Legal Resources

USA.gov - Federal Agencies - Official US government agency directory
Cornell Law Institute (LII) - US Code, Federal Rules, and legal encyclopedias
Justia - Free legal information and case law database
Nolo - Consumer-friendly legal guides and self-help resources

Note: Always verify current laws with official .gov sources, as regulations change frequently.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. US Legal Brain (uslegalbrain.cc) is an AI-powered information service, not a law firm.