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Complete Guide

What Is Small Claims Court?

Small claims court is a special court where people can resolve small disputes quickly and affordably -- without lawyers. Here's everything you need to know.

Simple Definition

Small claims court is a special division of the court system designed to resolve minor civil disputes (usually involving money) quickly, informally, and without the need for attorneys. It's sometimes called "the people's court" because it's designed to be accessible to everyone.

Key Features of Small Claims Court

Low Costs

Filing fees range from $30-$100. No attorney fees required.

Fast Resolution

Cases are typically heard within 30-70 days of filing.

No Lawyers

Most states prohibit or discourage attorney representation.

Simple Process

Minimal paperwork and informal procedures.

Judge Decides

No jury trials. A judge hears your case and makes a decision.

Self-Represented

You tell your story directly to the judge in plain language.

Cases You CAN File

Unpaid debts and loans
Security deposit disputes
Property damage
Breach of contract
Defective products or services
Unpaid invoices
Car accident damage
Landlord-tenant disputes
Contractor disputes
Pet damage
Broken warranties
Consumer fraud

Cases You CANNOT File

Divorce or child custody
Evictions (different court)
Criminal matters
Defamation/slander (in some states)
Claims above the limit
Injunctions or restraining orders
Class action suits
Tax disputes

Small Claims vs. Regular Court

Regular civil court can cost thousands in attorney fees, take months or years, and involve complex procedures. Small claims court is designed to be affordable, fast, and accessible -- you represent yourself and cases are resolved quickly.

Frequently Asked Questions

What is the maximum amount I can sue for in small claims court?

It varies by state, ranging from $2,500 to $25,000. Most states allow claims between $5,000 and $12,500. California allows up to $12,500 for individuals and $5,000 for businesses.

Do I need a lawyer for small claims court?

No. In fact, many states prohibit attorneys from representing parties in small claims court. The system is specifically designed for people to represent themselves.

How long does a small claims case take?

From filing to hearing is typically 30-70 days. The hearing itself usually lasts 15-30 minutes. You often get a decision the same day or within a few weeks.

What if I win but the other person doesn't pay?

You'll need to collect the judgment yourself using methods like wage garnishment, bank levies, or property liens. The court doesn't automatically collect for you.

Can I sue a business in small claims court?

Yes. You can sue businesses, corporations, LLCs, and individuals. You'll need to identify the correct legal name and registered agent for service.

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