How to Sue Someone in Small Claims Court
Suing someone sounds intimidating, but small claims court was built so ordinary people can do it themselves - no lawyer required. This guide takes you through the entire process, from the demand letter to the hearing, in five clear steps.
Last updated: June 2026 · Reading time: ~9 minutes
How to Sue Someone: 5 Steps
Send a demand letter
Before filing, send a written demand stating what you are owed and a deadline to pay. Many disputes settle here, and courts like to see you tried. See how to write one.
Confirm it belongs in small claims
Your claim must be for money, at or under your state's limit. Use the eligibility checker to confirm your amount and dispute type qualify.
File your statement of claim
Complete your state's small claims form, name the defendant by their exact legal name, state the amount and reason, and pay the filing fee at the correct courthouse.
Serve the defendant
The defendant must be formally notified. You cannot serve them yourself - use a process server, the sheriff, or certified mail where allowed. See service methods.
Prepare and attend the hearing
Organize your evidence, bring three copies, and present your case calmly. See how to win.
Is Your Dispute a Small Claims Case?
Small claims court handles money disputes only - unpaid debts, security deposits, property damage, breach of contract, defective products, and unpaid wages or invoices. It does not handle evictions, divorce, custody, name changes, or claims above your state's dollar limit; those go to other courts. Suing the wrong court or the wrong party is the most common reason cases are tossed.
What It Costs to Sue
| Cost | Typical range | Notes |
|---|---|---|
| Court filing fee | $15 - $100 | Median about $50; waivers for low income |
| Service of process | $15 - $75 | Sheriff, process server, or certified mail |
| Optional extras | $5 - $50 | Certified copies, witness fees |
If you win, most states let you ask the judge to order the defendant to reimburse your filing and service costs, so keep every receipt. Estimate the full cost with our cost calculator.
Where to File
You generally file in the county where the defendant lives or does business, or where the dispute happened (for example, where a contract was signed or an accident occurred). Filing in the wrong venue can get your case dismissed or transferred. Your state's small claims dollar limit and the exact form name vary - our state-by-state guide lists limits, fees, and appeal rights for all 50 states.
After You File
Once filed and served, the court sets a hearing date, usually 30 to 70 days out. Use that time to gather evidence and prepare. If the defendant doesn't show up after being properly served, you can often win by default judgment. If you win, you may still need to collect the judgment - the court won't do that for you.
Ready to file your small claims case?
GetSmallClaims prepares your complete, state-specific filing package - the right court forms, a demand letter, and step-by-step instructions.
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