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Published July 9, 2026 · Last reviewed September 16, 2026 · 2 min read
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How to File a Small Claims Court Case

Anyone 18+ can file; a parent/guardian files for minorsEach state sets its own dollar limit on small claims casesSteps: identify the defendant, calculate damages, file the complaint, serve the defendantA demand letter before filing is often recommended (sometimes required)Source: state court self-help guides (California, Texas, Illinois)
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Small claims court exists specifically so ordinary disputes over money — an unpaid deposit, a botched repair job, a broken contract — can be resolved without hiring a lawyer or navigating the full civil court system.

The process starts before you ever file anything: identify exactly who you're suing (the correct legal name matters), and calculate the precise dollar amount you believe you're owed. Many courts and legal advisors recommend sending a formal demand letter to the other party first, spelling out what you want and giving them a chance to resolve it before you escalate to court — some jurisdictions even require proof you tried this step before they'll accept your filing.

When you're ready to file, you generally have to bring your case in the county where the defendant lives, or where at least one party is located — you don't get to pick any court you like. Filing involves submitting a complaint or affidavit describing what happened and how much you're owed, paying a filing fee, and completing whatever cover sheet or paperwork your specific court requires.

Once filed, the defendant has to be formally notified — "served" — with a summons that includes the nature of your claim and the scheduled court date. You can't just tell them yourself; service has to follow your court's specific legal procedure to count.

Every state sets its own dollar limit on how much you can sue for in small claims court — exceed that cap, and you'd need to file in a different, more formal court instead. Anyone 18 or older can file a case themselves; for a claim involving someone younger, a parent or guardian has to file it on their behalf.

“A demand letter before filing isn't just good manners in some states — it's a required step some courts won't let you skip before they'll accept your case.”