Small claims court basics

Do it like this

1. Check that it's a small claims case. Small claims lets you sue a person, business or government agency you think owes you money. Source: California Courts¹ It's generally about money, not about making someone do something. Source: California Courts²
2. Check your state's limit. In California, an individual can generally sue for up to $12,500, or $6,250 for a business. Source: California Courts¹ New York City's Small Claims part hears cases up to $10,000. Source: NY Courts⁷ Minnesota calls it Conciliation Court and generally takes claims of $20,000 or less. Source: Minnesota Courts⁸ The table below lists every state's limit, with a link to the official source.
3. Figure out exactly how much to ask for. California's guide gives an example: if a friend who agreed to repay a $5,000 loan at $100 a month has missed two payments, you can generally sue only for the $200 in missed payments, unless your agreement says otherwise. Source: California Courts² Some laws allow extra money as a penalty, for example when a landlord keeps a deposit without the required letter. Source: California Courts²
4. Ask for the money first, in writing. California's courts want you to ask before you file. Say how much they owe and why, in person, by letter or by email. If they pay, you don't need court. Source: California Courts³ A letter or email gives you proof you asked.
5. Gather your proof. At the hearing, the judge listens to both sides, looks at the evidence and decides. Source: California Courts Bring the original for yourself, a copy for the judge and a copy for the other side, organized so you can find any page fast. Source: California Courts⁵
6. File in the right court and pay the fee. In California, the filing fee is $30 to $100, and you can ask for a fee waiver if you can't afford it. Source: California Courts¹ You typically get a court date in about 1 to 2 months. Source: California Courts¹
7. Have the papers served. You can't serve them yourself. Someone 18 or older who isn't part of the case has to deliver them. Source: California Courts⁴ In California, that has to happen at least 15 days before the court date, or 20 days if the other side is in a different county. Source: California Courts⁴
8. Practice your story. Make a short list of everything you're asking for and why, think about what the other side will say, and practice saying your side clearly and quickly. Source: California Courts⁵
9. Plan the day. You may be in court for 4 or more hours, so arrange time off work and child care, and find the parking and courtroom ahead of time. Source: California Courts⁵
10. If you win, you collect. The court doesn't collect the money for you. Source: California CourtsMinnesota Courts¹⁸ Collecting can be hard and can cost more in fees. Source: Minnesota Courts⁸

Sample demand letter to copy (made-up example)

[Your name]
[Your address]
[Your phone] · [Your email]

[Date]

[Landlord's name]
[Landlord's address]

Re: Security deposit for [rental address]

Dear [name],

On [date], I moved out of [rental address] and returned the keys. My lease says the $[amount] security deposit is refundable. I haven't received the deposit or a written list of deductions.

Please return $[amount] by [date, about 10 to 14 days from today] to [address or payment method].

If I don't receive it by then, I plan to file in small claims court.

Sincerely,
[Your name]

Before you send it

• Fill in every bracket and delete the brackets.
• Keep a copy, and send it in a way you can prove, like email or certified mail.
• Asking in writing first is what California's courts tell you to do, and it gives you proof you asked. Source: California Courts³

Small claims limits in all 50 states and DC

The most you can sue for in each state's small claims court (or the court that handles small claims there). We read each limit on the state's official court or legislature site on October 3, 2026. Limits change, so check the link before you file. Most limits don't count interest and court costs.

Several states raised their limits recently: Arizona in 2025 and Maine on January 1, 2026. Where a state has more than one court, the limit shown is for the court named.

What to bring (checklist)

• Three copies of every document and photo
• Your demand letter and any reply
• A one-page timeline of what happened, with dates
• Your list of what you're asking for and why
• The court papers and proof they were served

If it doesn't work

• They offered to settle after being served? You can write up the agreement and ask the court to dismiss your case. Source: California Courts⁵
• Not sure you have a case? Most California counties have a small claims advisor who gives free legal information. Source: California Courts⁶ Elsewhere, look for free legal aid through LawHelp.org. Source: USA.gov⁹
• Can't serve them by the deadline? Talk to the court clerk or the small claims advisor; each court has its own rules. Source: California Courts⁴
• Got sued yourself? Read the papers right away and check the court date. See Getting free legal help.