Guides

How to File a Small Claims Case: The Usual Steps

By State Law Lookup · Published October 20, 2026

Small claims court exists so that ordinary money disputes can be decided without the cost of a full lawsuit. The details differ by state, but most cases pass through the same stages: checking that the claim fits, finding the right court, filing, notifying the other side, and the hearing. This guide walks through those stages using the figures that states publish. It describes how the process generally works; it is not advice about any particular case.

1. Check that the amount fits the limit

Every state caps what can be claimed. Across the 51 jurisdictions verified on this site the cap runs from $2,500 in Kentucky (KRS 24A.230) to $25,000 in Tennessee, where general sessions court hears civil suits up to that amount. The median is $10,000.

Two details change the answer in some states:

• Who is suing. California allows $12,500 for an individual but $6,250 for a business; Washington allows $10,000 for a natural person and $5,000 in all other cases (RCW 12.40.010(1)).
• When the case is filed. Michigan's statute raises the limit on a schedule; the figure since January 1, 2024 is $7,000 (MCL 600.8401).

Worked example: a $9,000 claim fits in Washington for an individual (limit $10,000, $1,000 to spare) but is $4,000 over the line for a business filer there. The lookup runs this check for any verified state.

Most rules measure the amount "exclusive of interest and costs", so interest and court costs do not count toward the cap. The quote on each state page shows the exact wording.

2. Find the court

The court that hears small claims has different names: a small claims division of a district court in many states, a justice of the peace or magistrate court in others. Oregon adds a twist: a claim of $750 or less must be filed in the small claims department (ORS 46.405(2)). Each state page names the court that the source identifies.

3. File the claim and pay the fee

Filing means completing the court's claim form and paying the fee, unless the court waives it for someone who cannot afford it. Fees are set court by court in most states, so this site shows them only where the source publishes them. Examples from the sources:

• Alaska: $50 for a claim of $2,500 or less, $100 above that (court form SC-95).
• New Jersey: $35 for one defendant plus $5 for each additional defendant, and $7 per defendant for mail service.
• California: between $30 and $100.

Worked example: a New Jersey claim against two people costs $40 to file, plus $14 if both are served by mail.

4. Notify the other side

The defendant has to be formally told about the case before a hearing can go ahead. The guide on serving small claims papers covers the usual methods.

5. The hearing

A judge or magistrate hears both sides, usually without the formal rules of a full trial, and decides. Some courts offer mediation first: Colorado's court information sheet describes a mediator payment from each side (see the Colorado page). Bringing documents (a contract, receipts, photos, letters) is how most claims are proved. Before filing, many people send a demand letter.

Sources

• Limits, fees and courts: the statute or court page linked on each state page, all checked October 21, 2026.
• Alaska Court System, form SC-95; New Jersey Courts, Small Claims FAQ (form 11482); California Courts Self-Help Guide, Small claims in California; Oregon State Legislature, ORS chapter 46; Michigan Legislature, MCL 600.8401.