Small claims court offers a simplified way to resolve disputes involving money, typically for smaller dollar amounts. These courts are designed to be more accessible than traditional civil courts, with less formal procedures and faster timelines.
In small claims court, people typically defend themselves because the process is designed to be simple, fast and low‑cost. The dollar limits are relatively low, so hiring an attorney often wouldn’t make financial sense. In many states, attorneys are limited or not allowed to represent parties at all, which helps keep cases accessible and informal. Instead of complex legal arguments, judges focus on straightforward facts, documents and testimony, making it easier for everyday people to present their own case without legal training.
However, rules, filing requirements and monetary limits vary by state and sometimes by county, making it important to understand your local court’s process before getting started.
This article provides a general overview of small claims court, including when it may be appropriate, the common steps in the process and key limits that can affect your case.
Is Small Claims Court Right for Your Dispute?
Small claims court may be a good option if your dispute meets certain basic criteria. In general, it is most appropriate when:
- You have not passed the deadline for how long you have to file a claim, often based on the type of dispute, such as oral or written contracts. Some states allow different filing limits or timeframes depending on whether the claim involves an oral or written contract. Because these rules differ significantly by location, reviewing your state’s specific limits is essential before filing.
- Your claim involves a monetary dispute and falls within your state’s small claims dollar limit.
- The issue is relatively straightforward, such as unpaid money, property damage or breach of contract.
- The person or business you are filing against lives, works or does business within the court’s jurisdiction.
Because eligibility rules differ by location, it’s important to confirm requirements, such as monetary limits, proper venue and statutes of limitations on your local court’s website before filing.
Common Steps in the Small Claims Process
Although procedures vary by state, most small claims cases follow a similar sequence of steps.
1. Try to Resolve the Issue First
Many courts encourage – or require – plaintiffs to attempt to resolve the dispute outside of court before filing a claim. This may include contacting the other party directly or making a written request for payment. Keeping records of these communications can be helpful if you proceed to court.
In some states, this written request is known as a demand letter, which explains the issue, states the amount requested and gives a reasonable deadline for response. You can quickly and easily draft a demand letter with ARAG’s online tool, available on your member portal.
2. File Your Claim
To file your claim, you must complete the court’s required claim form, providing basic details about yourself, the defendant, the dispute and the amount you are requesting. The form must be filed with the correct court, and a filing fee is typically required. Filing fees vary by location.
3. Serve the Other Party
After filing, the defendant must be formally notified of the case and the hearing date. Each court has specific service requirements, which may include service by mail or personal delivery. Always follow your court’s instructions carefully.
4. Prepare for the Hearing
Before your court date, gather and organize any documents or evidence that support your claim, such as receipts, contracts, photos or emails. Being able to clearly explain what happened and why you are requesting payment can help you present your case effectively.
5. Attend the Hearing
On the day of your hearing, arrive early and follow all court instructions. Both parties typically have the opportunity to present their information, and the judge may ask questions before making a decision. In some cases, courts may offer mediation or encourage settlement discussions.
After the Court’s Decision
If the judge rules in your favor, a judgment will be issued. Payment timelines and any additional steps required if payment is not made will depend on state and local rules. If the case is resolved through a settlement, you may be asked to formally dismiss the case using a court form or by notifying the judge.
Need Additional Guidance?
Small claims court procedures can be complex, especially when state‑specific rules apply. As an ARAG member, you may be able to connect with a telephone attorney for general advice and guidance. Log in or contact Customer Care to confirm your coverage.