How to Sue Someone in Small Claims Court
A complete step-by-step guide from determining if you have a case to collecting your judgment.
Determine if you have a valid claim
Verify you have a legal basis to sue and the defendant owes you money or property.
Send a demand letter
Write a formal letter demanding payment before filing suit.
Identify the correct court
File in the court where the defendant lives or where the incident occurred.
File your claim
Complete the court forms and pay the filing fee.
Serve the defendant
Officially notify the defendant of the lawsuit through proper service.
Prepare for court
Organize your evidence, documents, and presentation.
Attend the hearing
Present your case to the judge and respond to the defendant.
Collect your judgment
If you win, use legal methods to collect what you're owed.
Frequently Asked Questions
How much does it cost to sue someone?
Small claims court filing fees range from $30-$100 depending on your state and claim amount. Service of process costs $20-$75. These costs are typically recoverable if you win.
How long does it take to sue someone?
From filing to hearing typically takes 30-70 days. The entire process including preparation and potential collection can take 2-4 months.
Can I sue someone without a lawyer?
Yes -- in fact, most states prohibit attorneys in small claims court. The system is designed for self-representation.
What if I don't know the defendant's address?
You need the defendant's address to serve them. Try searching public records, social media, or hiring a skip trace service.
What happens if the defendant doesn't show up?
If the defendant fails to appear, you'll likely win by default judgment. However, you still need to prove your case to the judge's satisfaction.
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