Small Claims Assistant

1 Intake

2 Filing Guide

3 Evidence & Court

4 Next Steps

Your Full Name

Your State

County

Claim Amount ($)

Date of Incident

Type of Agreement

Defendant Name (Person or Business)

Defendant Address

Description of What Happened

Phone

State Filing Guide

Your state's small claims limits, filing fees, and rules. Complete the intake form first to display state-specific information.

State: --

Max Claim Amount

Filing Fee Range

Statute of Limitations (Contract)

Your Claim vs. Limit

Filing Steps

Go to the courthouse in the county where the defendant lives or where the dispute happened.
Ask for a "Plaintiff's Claim" or "Small Claims Complaint" form at the clerk's office.
Fill out the form completely. Be specific about dates, amounts, and what happened.
Pay the filing fee. Ask about fee waivers if you cannot afford it.
Get your court date and case number. Write them down and keep them safe.
Arrange service of process on the defendant (sheriff, process server, or certified mail).

Statement Template

Copy this into your complaint form or use it to prepare your court statement:

"On [date], [defendant] and I agreed that [description of agreement]. [Defendant] breached this agreement by [what went wrong]. As a direct result, I suffered damages in the amount of $[amount]. I have made reasonable efforts to resolve this matter, including [any attempts to resolve], but [defendant] has failed to make things right. I request judgment in the amount of $[amount], plus court costs and any additional relief the court deems proper."

Evidence Checklist & Court Preparation

Estimated Fees

Item	Estimated Cost	Notes
Filing Fee	$15 - $200	Varies by state and claim amount
Service of Process	$20 - $100	Sheriff or certified process server
Certified Mail	$7 - $15	If allowed in your state
Witness Fees (if needed)	$15 - $40	Per witness, per day
Mileage	$0.50/mile	For sheriff service
Total Estimated	$40 - $350	You can ask the judge to award costs if you win

Fee waivers are available if you receive public benefits or have low income. Ask the clerk for a fee waiver form (Form FW-001 in many states).

Finding Your Courthouse

Small claims cases are typically filed in the county where:

The defendant lives, OR
The dispute happened (where the contract was signed or the incident occurred)
For businesses: where the business is located or where the transaction happened

Call the clerk's office in your county's courthouse and ask for the "Small Claims Clerk." Tell them you want to file a small claims case. They can tell you what forms to bring, what the fee will be, and what days small claims court is in session.

Service of Process

After you file, the defendant must be officially notified. This is called "service of process." Options include:

Sheriff or Marshal: Most common. Pay a fee and the sheriff's department delivers the papers. You get a "Proof of Service" form that you file with the court.
Certified Mail with Return Receipt: Allowed in some states. The post office confirms delivery. Keep the green receipt card.
Private Process Server: Can be faster but more expensive. Make sure they are licensed in your state.
Personal Service: Some states allow an adult (not you or a party to the case) to hand-deliver the papers.

Important: You cannot serve the papers yourself. An independent third party must do it. File the Proof of Service with the court before your hearing date.

Preparing for Your Court Date

Arrive 30 minutes early. Dress professionally. Organize your evidence in chronological order in a binder or folder. Prepare a 2-minute opening statement summarizing your case. Be polite to the judge and the defendant. Bring all 3 copies of your evidence.

Next Steps: Appeal, Over-Limit & Attorney

What If Your Claim Exceeds the Small Claims Limit?

If your claim is more than your state's small claims limit, you have three options:

Reduce your claim: You can voluntarily sue for the maximum amount allowed in small claims court. You cannot later sue for the remainder.
File in regular civil court: More formal, slower, and you should hire a lawyer. But there is no dollar cap on damages.
Split the claim: If you have multiple unrelated claims, you may be able to file separate small claims cases for each. You cannot split a single debt to stay under the limit.

How to Appeal a Small Claims Decision

If you lose your case, you generally have 10 to 30 days to appeal, depending on your state. Steps:

File a Notice of Appeal with the small claims court clerk.
Pay the appeal filing fee (typically $100 - $250).
The case is retried in a higher court (often "de novo" meaning from scratch).
In many states, the appeal goes to the county's civil court or superior court.
You may need a lawyer for the appeal, especially if the amount is large.
Warning: The other side can also appeal. If you won but they appeal, you must defend your victory.

Note: In most states, the small claims decision is final and cannot be appealed if both parties agreed to binding arbitration or if the claim was very small.

When to Hire a Lawyer

Small claims court is designed for people without lawyers, but sometimes legal help is worth it:

Your claim is complex (e.g., involves contract interpretation or expert testimony)
The defendant has a lawyer (level the playing field)
Your claim is close to or exceeds the small claims limit
The defendant is a large company with legal resources
You are being sued and need to defend yourself
You need to appeal a lost case in a higher court

You can often get a free or low-cost consultation from a local legal aid clinic, law school clinic, or your state bar association's lawyer referral service.

Collecting Your Judgment

Winning in court is only half the battle. If the defendant doesn't pay voluntarily, you may need to:

File a "writ of execution" or "judgment lien" against the defendant's property.
Request wage garnishment (if allowed in your state).
Bank levy: Freeze and seize funds from the defendant's bank account.
Renew the judgment before it expires (judgments last 5-20 years depending on state).