Filing a small claims lawsuit involves straightforward steps that most people can handle without an attorney. Understanding the process—from paperwork to service—helps you navigate the system confidently. Proper filing ensures your case is heard and increases your chances of success.

While procedures vary by state and local court, the basic steps are similar everywhere.

Step 1: Gather Information and Evidence

Before filing, organize everything you need. Know the defendant's full legal name and address—this is essential for filing and serving papers. Collect all evidence supporting your claim: contracts, receipts, photos, correspondence, and any other documentation.

Calculate your damages precisely. Know exactly how much you're claiming and be prepared to explain the calculation. Break down amounts for principal, interest, and any other components.

Research whether your claim fits small claims criteria and falls within dollar limits.

Step 2: Obtain and Complete Forms

Get the required forms from your local courthouse or court website. The primary form is usually called a "Claim" or "Plaintiff's Claim and Order to Go to Small Claims Court" or similar.

Forms require basic information: your name and address, defendant's name and address, the amount you're claiming, and a brief description of why the defendant owes you money.

Write clearly and concisely. Explain your claim in plain language. Stick to facts—what happened, when, and why you're owed money. Save detailed arguments for court.

Step 3: File the Claim

File your completed forms at the courthouse clerk's office. Pay the filing fee—typically 0 to 00 depending on the amount claimed and your jurisdiction.

The clerk will assign a case number and court date. Record this information carefully. The clerk will also provide copies for serving the defendant.

Some courts allow online filing. Check whether electronic filing is available in your jurisdiction.

Step 4: Serve the Defendant

The defendant must be formally notified of the lawsuit through service of process. You cannot serve papers yourself—service must be by a neutral party.

Common service methods include: certified mail (court sends it), personal service by a process server or sheriff, or having an adult who isn't a party to the case hand-deliver papers.

Proper service is essential. Cases can be dismissed if the defendant wasn't properly served. Keep proof of service for your records.

Step 5: Prepare for Court

After filing and service, prepare your case. Organize all evidence in logical order. Prepare a brief outline of what you'll say to the judge.

If witnesses will testify, confirm their availability. You may need to subpoena witnesses to require their attendance.

Review your evidence objectively—anticipate what the defendant might argue and prepare responses.

Common Filing Mistakes

Filing against the wrong defendant wastes time and money. If suing a business, determine whether to name the owner, the LLC, or the corporation. Check business registration records if unsure.

Wrong venue—filing in the wrong location—can get your case dismissed. Generally file where the defendant lives, where the business is located, or where the problem occurred.

Missing the statute of limitations—the deadline for filing—bars your claim entirely. Most contract and property damage claims have deadlines of two to six years, but verify your specific claim type.

If the Defendant Doesn't Respond

If the defendant doesn't appear in court after proper service, you may win by default judgment. The judge will hear your evidence and likely rule in your favor.

Default judgments still require proving your case—bring your evidence even if you expect the defendant to be a no-show.

Getting Legal Help

While small claims is designed for self-representation, brief legal consultation before filing helps ensure you're suing the right party in the right court with the right claims. Court self-help centers provide free procedural guidance. Many people successfully navigate small claims without any legal help, but knowing you're on the right track provides confidence.