How to file a small claims case
Filing is mostly paperwork done in the right order. Follow these six steps and you will avoid the mistakes that delay or sink most self-filed claims.
The mechanics differ slightly by jurisdiction, but the sequence is the same everywhere: name the defendant correctly, file in the right court, serve properly, and bring proof. Get those four right and the rest is straightforward.
Step 1 - Name the defendant correctly
Sue the exact legal entity. For a business, that is the registered company name (look it up in the government business registry), not the storefront brand. A judgment against the wrong name is worthless, so this step matters more than any other.
Step 2 - File in the right court
File where the defendant lives or carries on business, or where the dispute happened. Filing in your own convenient court when neither connection exists is a common error that gets cases transferred or tossed.
Step 3 - Complete the claim form
State who, what, when, and how much, in plain language. Attach the core documents: the contract, invoices, photos, and your demand letter. Be specific about the amount and how you calculated it.
Step 4 - Pay the filing fee
Expect $25 to $250. Keep the receipt; the court can order the loser to repay it. Fee waivers exist for low-income claimants, see the legal aid page.
Step 5 - Serve the defendant
Deliver the claim using an approved method and file proof of service. This is the second most common failure point after naming. If in doubt, use a process server.
Step 6 - Prepare for the conference or hearing
Organise your evidence, prepare your opening statement, and bring copies for the judge and the other side. Many courts hold a settlement conference first.
Frequently asked questions
Where do I file my small claims case?
Usually in the court district where the defendant lives or where the dispute happened. Filing in the wrong location can get your case transferred or dismissed, so confirm the correct court first.
What documents do I need to file?
A completed claim or statement of claim form, the filing fee, and the defendant's correct legal name and address. Attach or reference your key evidence, such as the contract, invoices and the demand letter.
How do I serve the defendant?
Service rules vary, but common methods are personal service, mail, or a process server. You must file proof of service with the court. Improper service is a leading cause of delays and dismissals.
How much is the filing fee?
Roughly $25 to $250 depending on jurisdiction and claim size. The court can order the losing party to repay your filing fee, so keep the receipt.
What happens after I file?
The defendant is served and given time to respond. Many cases settle at this stage. If not, the court schedules a settlement conference or a hearing where a judge or adjudicator decides.