How does small claims court work, and how do you file a claim?

What is small claims court?

Small claims is the part of state court where people and businesses can have a judge decide a dispute about money without the cost and formality of a regular lawsuit. In California you can sue a person, business, or government agency that you think owes you money, and after you file you typically get a court date in about 1-2 months.

• It is about money. Generally, small claims cases are about money. In California, the judge can generally only order one side to pay money, not order someone to do something. New York's small claims court is for money only.California Courts · NYS Department of Labor
• The rules are simpler. Texas law says the hearing is informal, with the sole objective being to dispense speedy justice, and that the judge develops the facts and may question a witness or party. Florida's rules are meant to give a simple, speedy, and inexpensive trial.Tex. Gov't Code § 27.060 · Fla. Sm. Cl. R. 7.010
• Texas: the justice court. Small claims cases are filed in the county justice of the peace courts, called justice courts. Texas abolished its separate small claims courts; since August 31, 2013, justice courts have heard small claims cases under rules set by the Texas Supreme Court.Texas State Law Library · Tex. Gov't Code § 27.060 · H.B. 1263 (2013)
• New York: a part of four courts. There is no separate small claims court. Small claims is a special part of the New York City Civil Court, the city courts, the district courts in Nassau County and parts of Suffolk County, and the town and village justice courts.NY Courts, Ask a Law Librarian

Small claims court limits in California, Texas, Florida and New York

The limit is the most a small claims judge can award in one case. Each state counts it a little differently:

• California: $12,500 for a person, $6,250 for a business. A natural person, including a sole proprietor, can sue for up to $12,500; a business or public entity for up to $6,250. You can file only two cases a calendar year for more than $2,500 each. The $12,500 limit took effect on January 1, 2024.Cal. Code Civ. Proc. §§ 116.220, 116.221, 116.231 · California Courts
• Texas: $20,000 in the justice court. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. The limit is in Government Code § 27.031, last amended effective September 1, 2020.Tex. Gov't Code § 27.031 · Tarrant County Justice Court
• Florida: $8,000. Small claims covers claims of up to $8,000, not including costs, interest and attorney's fees. Larger claims go to county court as regular civil cases, up to $50,000 for cases filed on or after January 1, 2023.Fla. Sm. Cl. R. 7.010 · Fla. Stat. § 34.01 · Miami-Dade Clerk
• New York: $10,000 in New York City. Up to $10,000 in New York City, $5,000 in city courts elsewhere, and $3,000 in town and village courts. In Nassau and Suffolk counties you can generally sue for up to $5,000, but there are specific rules to check with the court. A larger claim can't be split into two or more claims to fit under the limit.NYS Department of Labor

Before you file: ask for the money, and check the deadline

A demand is simply asking the other side to pay what they owe. It can be a conversation, a letter or an email. If they pay, you don't need to go to court.

• California: you must ask first. You must ask the defendant to pay, in person, in writing or by phone, before you sue, and the claim form asks whether you did. Let them know how much they owe you and why. You don't need to ask if there is a restraining order between you or you think it would be dangerous.Cal. Code Civ. Proc. § 116.320 · California Courts · Form SC-100
• Texas: try to resolve it first. The Texas State Law Library recommends that you try and resolve your problems with the other party on your own, and says mediators at a dispute resolution center might be able to help.Texas State Law Library
• Florida: send a letter. The Miami-Dade Clerk says to first tell the other party exactly what is in dispute, and that it is a good idea to send a letter which clearly states your complaint. A lawsuit should be your last resort.Miami-Dade Clerk of the Court

The deadline to sue. Every claim has a filing deadline, called the statute of limitations. If you file after it, the other side can ask the judge to rule against you, and they will probably win even if you had a good case. California's courts list some common deadlines:

• Written agreement: 4 years from when it was broken.
• Unwritten (verbal) agreement: 2 years from when it was broken.
• Personal injury: 2 years from the injury.
• Property damage: 3 years from when it was damaged.

How to file a small claims case, step by step

1. 1Ask for the money. See before you file. Keep a copy of your letter or email.
2. 2Pick the right court. California: usually the county where the other side lives or does business; for a broken agreement, also where you made it or where it was to happen. Texas: the county and precinct where the defendant lives, where the incident happened, where the contract was to be performed, or where the property is. Florida: only the county where the defendant lives, where the cause of action happened, or where the property is.
3. 3Fill out the claim form. California uses the Plaintiff's Claim and Order to Go to Small Claims Court (form SC-100). Texas has a guided Small Claims Petition on eFileTexas. Florida uses a Statement of Claim; if the claim is based on a written document, a copy must be attached.
4. 4File it and pay the fee. California: $30 up to $1,500, $50 up to $5,000, $75 up to $12,500, or $100 if you filed more than 12 small claims cases in the past 12 months. You can file by mail, and some courts allow e-filing. Texas: check with your justice court; one Tarrant County justice court lists a $54 filing fee plus $90 for each person the constable serves. Florida: Miami-Dade lists $55 to $300, depending on the amount. New York: at most $20.
5. 5Can't afford the fee? In California, ask the clerk for a fee waiver. In Texas, the form is a Statement of Inability to Afford Payment of Court Costs.
6. 6Have the papers served. See serving the other side.
7. 7Gather your proof. Repair receipts, photos of damage, emails and business records, and any witnesses. California's courts warn that it can sometimes take months to get the proof you need, so start early.
8. 8Go to the hearing. See what happens at the hearing.

Serving the other side

The person you sue must be formally given the papers, called service. Florida's Miami-Dade clerk puts it simply: your lawsuit cannot proceed until the defendant has been served.

• California. You can't serve the papers yourself. Someone 18 or older who isn't part of the case hands them over: someone you know, the sheriff in some counties, or a process server you pay. Some courts offer to send them by certified mail, for a $15 fee. Service must happen at least 15 days before the court date, or 20 days if the person is in a different county. File the Proof of Service (form SC-104) at least 5 days before the hearing.California Courts
• Texas. The citation can be served by a sheriff or constable, a process server certified by the Texas Supreme Court, the court clerk by registered or certified mail, or a person 18 or older authorized by court order.Tex. R. Civ. P. 501.2 (Texas State Law Library)
• Florida. The sheriff or a certified process server serves the summons and a copy of your lawsuit, for a fee. You can also try certified mail, return receipt requested, for parties in Florida.Miami-Dade Clerk of the Court

If you are the one being sued

Read the papers right away. They show the court date, who is suing you, and how much they are asking for and why. If you skip the court date, the judge decides without you.

• California: settle, go, or sue back. You can reach an agreement, go to the court date and give your side, or sue the other side back with a Defendant's Claim (form SC-120), filed and served at least 5 days before the court date. If you can't go that day, ask to change the date with form SC-150; there's a $10.00 fee. If you were served and don't go, you will probably lose the case and owe the other side money.California Courts
• Texas: file a written answer. The answer is your written response to the lawsuit. For most defendants it is due by the end of the 14th day after the day you were served. If you don't answer or don't appear, the judge can enter a default judgment; a motion to set it aside is due no later than 14 days after the judgment is signed. To move the case to the right county, a motion to transfer venue is due no later than 21 days after your answer.Tex. R. Civ. P. 502.4, 502.5, 503.1 (Texas State Law Library)
• Florida: go to the pretrial conference. Your first court date is a pretrial conference. Written defensive papers aren't necessary unless the court orders them, and filing them doesn't excuse you from appearing. If the defendant does not appear, the judge may enter a default.Fla. Sm. Cl. R. 7.090 · Miami-Dade Clerk
• Sued by a debt collector? Texas justice courts hear debt claim cases as their own type of case. See A debt collector is after me for the whole path from the first call to court.Texas State Law Library

What happens at the small claims hearing

Be on time and bring every paper, photo and witness you need. In California, the person who started the case speaks first. California's courts say you have only 5 - 10 minutes to give the judge your side of the story, so practise saying it briefly.

• Tell your side briefly. Explain what the situation is, what you want the judge to order, and why. Don't interrupt; the other side then speaks, and the judge may ask questions.California Courts
• Bring your proof. Bring all witnesses, books, receipts, and other papers to prove your case. You can ask the clerk to issue a subpoena, an order that makes a witness come.Form SC-100-INFO
• The judge follows the law. The judge has to follow the law when they make their decision and can't decide based simply on feelings of unfairness. The judge may decide right away or mail you the decision.California Courts
• If someone doesn't show up. In California, if the plaintiff doesn't show up, the case will be dismissed; if the defendant doesn't show up and the plaintiff can prove the case, the plaintiff will likely win. In Florida, a plaintiff who misses the pretrial hearing may have the case dismissed.California Courts · Miami-Dade Clerk
• Texas: a jury if you ask. Any party is entitled to a jury in a justice court civil case. File a written demand no later than 14 days before the trial date and pay the fee.Tex. R. Civ. P. 504.1 (Texas State Law Library)
• Florida: a pretrial conference first. The clerk sets it not more than 50 days after filing. You meet the other side before the judge and can try to settle without a trial; the case may go to a mediator. If there is no agreement, trial is set not more than 60 days after the pretrial conference.Fla. Sm. Cl. R. 7.090 · Miami-Dade Clerk
• New York City: a judge or an arbitrator. The parties can agree to have an arbitrator decide. They sign a consent that the arbitration award is final and that no appeal would be permitted.N.Y. Appellate Term, 2d Dept (2019)

Lawyers at the hearing. In California, no attorney may take part in the conduct or defense of a small claims action. Both sides may ask a lawyer for advice before, and a corporation sends an employee, officer or director. In Texas, a person may appear for themselves or with an attorney, and the judge may let an unpaid family member or other person assist. A Texas business may send an employee, owner, officer or partner. In Florida, parties appear personally or by counsel. New York small claims is an informal court where you can sue without a lawyer.

Small claims rules in California, Texas, Florida and New York

These are the basic rules, and each has exceptions. Other states set their own limits, fees and procedures: start with your state court's self-help website.

What happens if you lose: appeals and new trials

• California: only the side ordered to pay. If you started the case and lost, you cannot appeal the decision on your own claim. If the judge ordered you to pay and you went to the trial, you can appeal with form SC-140 within 30 days after the Notice of Entry of Judgment was handed or mailed to you. A different judge holds a new trial in the superior court on all claims, and this time each side can have a lawyer. If you missed the trial, you can instead ask the court to cancel (vacate) the decision.Cal. Code Civ. Proc. §§ 116.320, 116.710 · California Courts · Form SC-200-INFO
• Texas: a new trial in county court. If the judgment or the amount in dispute exceeds $250, the losing side can appeal within 21 days. The days count from when the judgment is signed, or from when a motion to reinstate, to set aside or for a new trial is denied. A plaintiff files a $500 bond, a defendant a bond of twice the amount of the judgment, or either a cash deposit or a Statement of Inability to Afford Payment of Court Costs. The county court holds the trial as if there had been no previous trial. A motion for new trial in the justice court is due no later than 14 days after the judgment is signed.Tex. R. Civ. P. 505, 506 · Tex. Civ. Prac. & Rem. Code § 51.001 (Texas State Law Library)
• Florida: a new trial motion within 15 days. A motion for a new trial may be filed not later than 15 days after the judgment. An appeal follows the Florida Rules of Appellate Procedure.Miami-Dade Clerk · Fla. Sm. Cl. R. 7.230
• New York: limited review. On appeal, a small claims judgment stands unless it is shown that substantial justice has not been done between the parties under the rules of substantive law. There is no appeal from a judgment entered on an arbitrator's decision.N.Y.C. Civ. Ct. Act § 1807 · N.Y. Appellate Term

Winning vs collecting the money

A judgment says who owes how much. Getting paid is a separate job, and the winner does it, not the court.

• California. You must wait at least 30 days after the Notice of Entry of Judgment, so the other side can appeal or pay. If they don't pay, they must send you a Judgment Debtor's Statement of Assets (form SC-133) listing what they own, where they work and where they bank. If they don't, you can ask for a debtor's exam. The court will not collect it for you, and you may not even collect any of it.California Courts · Form SC-200-INFO
• Texas. A money judgment does not automatically mean the judgment creditor will get the money. The winner can use post-judgment discovery to find the other side's assets without the justice court's approval, giving the other side at least 30 days to respond.Tex. R. Civ. P. 500.8, 505.2 (Texas State Law Library)
• Florida. A certified copy of the judgment, recorded in the county where the debtor owns real property, is a lien for up to 20 years, re-recorded every ten years. A writ of garnishment makes an employer or bank hold funds; a writ of execution sends the sheriff; and a hearing in aid of execution makes the debtor reveal assets, employment and sources of income. Interest is added until the judgment is satisfied.Miami-Dade Clerk of the Court

Free help, and when to get a lawyer

Small claims is built for people without lawyers, and each state offers some free help:

• California: small claims advisors. Most counties must have a small claims advisor who gives free legal information, and self-help centers give legal information and resources to people without a lawyer.California Courts · Form SC-100-INFO
• Texas: the State Law Library. Its small claims guide covers each step, with forms and practice aids. The library cannot tell you what the law means for your situation.Texas State Law Library
• Florida: the clerk. In Miami-Dade a deputy clerk may help you file, though the clerk can't give legal advice, and the county's Office of Consumer Protection runs free small claims information sessions.Miami-Dade Clerk of the Court
• New York. Questions about small claims go to the New York State Unified Court System at (800) 268-7869.NYS Department of Labor

Consider legal advice if your claim is above the limit, if you want the court to order something other than money, or if the case goes to an appeal, where lawyers are allowed. In California you may ask a lawyer for advice before the hearing even though one can't represent you there.

Common questions

Official sources

1. California Courts Self-Help Guide: The small claims process courts.ca.gov
2. California Courts Self-Help Guide: Small claims in California (basics) courts.ca.gov
3. California Courts Self-Help Guide: Check you have a case for small claims (limits, deadlines, proof) courts.ca.gov
4. California Courts Self-Help Guide: How to ask for money from the other side courts.ca.gov
5. California Courts Self-Help Guide: Figure out which court to file in courts.ca.gov
6. California Courts Self-Help Guide: How to file forms with the court (filing fees) courts.ca.gov
7. California Courts Self-Help Guide: Serving small claims forms courts.ca.gov
8. California Courts Self-Help Guide: If you are sued in small claims (form SC-100) courts.ca.gov
9. California Courts Self-Help Guide: Filing a Defendant's Claim courts.ca.gov
10. California Courts Self-Help Guide: Go to your court date courts.ca.gov
11. California Courts Self-Help Guide: Mediation in small claims courts.ca.gov
12. California Courts Self-Help Guide: How small claims appeals work courts.ca.gov
13. California Courts Self-Help Guide: Appeal or pay courts.ca.gov
14. California Courts Self-Help Guide: If you win (collecting) courts.ca.gov
15. California Courts Self-Help Guide: Small claims or limited civil courts.ca.gov
16. California Courts Self-Help Guide: Find your small claims advisor courts.ca.gov
17. California Courts Self-Help Guide: Request an interpreter courts.ca.gov
18. California Judicial Council form SC-100: Plaintiff's Claim and Order to Go to Small Claims Court (PDF) courts.ca.gov
19. California Judicial Council form SC-100-INFO: Information for the Small Claims Plaintiff (PDF) courts.ca.gov
20. California Judicial Council form SC-200-INFO: What to Do After the Court Decides Your Small Claims Case (PDF) courts.ca.gov
21. California Code of Civil Procedure § 116.220: the $6,250 limit (small claims jurisdiction) leginfo.legislature.ca.gov
22. California Code of Civil Procedure § 116.221: the $12,500 limit for a natural person leginfo.legislature.ca.gov
23. California Code of Civil Procedure § 116.230: small claims filing fees leginfo.legislature.ca.gov
24. California Code of Civil Procedure § 116.231: two claims a year over $2,500 leginfo.legislature.ca.gov
25. California Code of Civil Procedure § 116.320: the claim form (demand for payment, no attorney, no appeal for the plaintiff) leginfo.legislature.ca.gov
26. California Code of Civil Procedure § 116.530: no attorney may take part in a small claims action, with exceptions leginfo.legislature.ca.gov
27. California Code of Civil Procedure § 116.710: who may appeal a small claims judgment leginfo.legislature.ca.gov
28. Texas State Law Library: Small Claims Cases, general information (who may represent you, Rule 500.4) sll.texas.gov
29. Texas State Law Library: Small Claims Cases, filing information (venue, Rule 502.4) sll.texas.gov
30. Texas State Law Library: Small Claims Cases, serving the defendant (Rule 501.2) sll.texas.gov
31. Texas State Law Library: Small Claims Cases, the defendant's answer (Rule 502.5) sll.texas.gov
32. Texas State Law Library: Small Claims Cases, pre-trial (venue transfer, jury, default judgment) sll.texas.gov
33. Texas State Law Library: Small Claims Cases, trial and judgment sll.texas.gov
34. Texas State Law Library: Small Claims Cases, appealing to the county court (Rule 506) sll.texas.gov
35. Texas State Law Library: Small Claims Cases, collecting a judgment sll.texas.gov
36. Texas Government Code, Chapter 27: justice court jurisdiction (§ 27.031) and small claims (§ 27.060) legis.texas.gov
37. Texas House bill analysis, C.S.H.B. 1263 (2013): abolishing small claims courts as of August 31, 2013 (PDF) capitol.texas.gov
38. Tarrant County Justice of the Peace Court 1: Small claim cases (limit and fees) tarrantcountytx.gov
39. Miami-Dade Clerk of the Court and Comptroller: Small Claims miamidadeclerk.gov
40. Miami-Dade Clerk of the Court: How to File a Small Claims Action (brochure, Rev. 12/25, PDF) miamidadeclerk.gov
41. Florida Statutes § 34.01 (2026): county court jurisdiction flsenate.gov
42. New York State Department of Labor: Small Claims Court information (limits, fee, interpreters) dol.ny.gov
43. New York State Department of Labor, LS 602: Guidance for Small Claims or Civil Court Actions (PDF) labor.ny.gov
44. New York Courts, Ask a Law Librarian: small claims is a part of four trial courts nycourts.gov
45. Rodriguez v City of New York Comptroller, 2025 NY Slip Op 51430(U) (App Term, 1st Dept): the substantial justice standard nycourts.gov
46. Daki v Said, 2025 NY Slip Op 77396(U) (App Term, 2d Dept): no appeal from an arbitrator's decision nycourts.gov
47. 2019 NY Slip Op 50830(U) (App Term, 2d Dept): the consent to arbitration in small claims nycourts.gov

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