How To Win in Small Claims Court: A Step-by-Step Guide

Small claims court is a special civil court for simple disputes involving smaller amounts of money. The dollar limit varies by state, but the process is faster and less formal than regular court. These courts don’t handle criminal, immigration, child protection, probate, or federal cases. You can win by understanding the process, gathering strong evidence, and presenting your case clearly. After the hearing, you may need to collect your judgment or respond to the court’s decision.

What Is Small Claims Court?

You can use small claims court to sue a neighbor, landlord, or repair person. These courts help regular people file cases without hiring a lawyer or understanding complex legal theories. State law limits the money a court can award.

Small claims courts handle civil matters between people or companies. They don’t hear criminal, immigration, child support, workers’ compensation, real estate, child protection, probate, constitutional, or federal cases. They also don’t handle appeals.

Your local small claims court may have a different name. It might be called magistrate court, justice court, general sessions court, or summary procedure court.

What Cases Can You Bring?

Each state has its own rules for qualifying cases. Small claims courts commonly handle these disputes:

• Unpaid accounts like medical bills or credit card debt
• Landlord and tenant disputes including evictions or security deposit issues
• Neighbor disputes
• Sales transactions involving property, money, or services not received
• Medical expenses for minor personal injuries
• Defective or incomplete repairs by contractors
• Overcharges for faulty repairs on cars, electronics, or personal property

Other disputes below the claims limit may qualify if they don’t involve real estate or significant personal injury. Those cases go to district court, circuit court, chancery court, or superior court.

How Formal Are the Proceedings?

Small claims court proceedings are less formal than other courts. The overall rules of procedure and evidence still apply. Judges often relax technical requirements because many litigants aren’t lawyers. Courts allow some leeway to ensure the process is fair.

How To Prepare Your Case

You need to know about small claims courts and their standard of proof. Here are six helpful tips for your hearing date.

Learn About Court Processes

Before you file a lawsuit, learn about the court processes, rules, and procedures. Most courts follow a universal procedure, but your court may have different rules.

Following your court’s specific rules helps prevent dismissal for procedural reasons. Make sure your case qualifies for small claims court. Verify the statute of limitations hasn’t expired.

You can find eligibility requirements and statute of limitations information on the court’s website. Check the court clerk’s office or a self-help center.

Prepare Your Case

Start preparing before you file paperwork with the court. Gather information and evidence for your legal claim.

Get the defendant’s contact information, including their legal name, address, phone numbers, and email address. For a business, check with the secretary of state. Find the company’s name, office address, trade name, and principal officers so you can properly serve them.

The court can’t proceed if they can’t find the defendant. You won’t get a trial date without proper service.

Be prepared to pay filing fees or court costs. Keep receipts of these costs. Prepare for any counterclaims the other party may argue.

Keep Excellent Records

Your word and memory start the dispute, but documented evidence is best. Keep an organized file of records and documents related to your case.

Include contracts, leases, receipts, invoices, purchase orders, canceled checks, emails, dated photos, and before/after pictures. Keep your documents neat and organized in an easy-to-follow way.

Use a folder, binder, or document box. Sort everything by date or category. Include a simple table of contents. Organization helps the judge understand your case quickly.

Bring extra copies: one for the judge, one for the other party, and one for your notes. Don’t write on the original documents so they stay clean and professional.

Suing a Business

If a business harmed you and owes you money, research legislation and regulatory requirements for that industry. Check if the business needs licenses, certifications, or consumer notices. See if specific terms are required in its contracts.

Some states allow punitive damages if you win and the business didn’t comply with regulations.

Find and Prepare Witnesses

Not every small claims case needs witnesses. If yours does, talk to them as soon as possible. Make sure their memory matches yours. They need to explain clearly what they saw or know.

Use witnesses who are honest, calm, and stick to the facts. Don’t use witnesses who seem aggressive, confused, or talk about unrelated things. Poor witnesses could hurt your chances.

Ask if your witnesses will come to court on your trial date. If someone is hesitant or might not show up, request a subpoena. A subpoena is a legal document requiring a person to come to court and testify. Ignoring it has legal consequences.

Practice Presenting Your Case

Small claims court cases move quickly. Judges usually have many cases on the docket. You may only get a few minutes to present your case.

Before entering the courtroom, practice your case. Aim to:

• Prepare a written story or script
• Prepare questions for the defendant and witnesses
• Be concise
• Stick to the point and important details

Answer the five W’s: who, what, when, where, and why. Mention important facts like names, dates, and amounts of money.

Before your court date, visit the courtroom where your case will be heard. Observe other proceedings and get a feel for how the judge interacts with litigants. See how others present their case. Think about what works well and what doesn’t. Shape a successful argument for your case.

Show the Court Respect

Be respectful and make a good impression with the judge. Show up for court early on the hearing date. Absence or lateness risks dismissal. Here are tips for conducting yourself in court:

• Dress appropriately. A suit or pantsuit isn’t required, but wearing one won’t hurt. Keep it professional and appropriate. Wear clean, pressed slacks and a collared shirt or a nice dress. Dress like you’re going to a job interview.
• Be respectful to the judge, the court clerk, and other parties. Address the judge as “Your Honor.” Answer questions with “Yes, sir” or “No, ma’am” as appropriate. Don’t interrupt or be confrontational with the judge.
• Avoid name-calling, being disrespectful, or addressing the defendant directly. Make your statements, questions, and responses directly to the judge in a calm, clear manner.
• Be ready to go when your case is called on the docket. Have everything lined up ahead of time: testimonies, documents, witnesses, and witness statements. Hit all the relevant arguments and facts. Give the judge all the information necessary to decide in your favor.

Follow Up After the Judgment

Follow up after the court issues a judgment. If you win, the judge will issue a court order called a money judgment. The order requires the other party to pay you.

Many cases are won because the other party didn’t show for the court date. In these cases, the judge issues a default judgment. You may have to take further action to get the losing party to pay you.

After the small claims judgment, follow up with the court clerk. Get a copy of the court order and ask the other party to pay. They usually have 30 days to comply, depending on state law.

If the losing party doesn’t voluntarily pay, you may need a wage garnishment order or bank levy to take money from their bank accounts. You can also try to get a lien on their property.

If you lose your small claims court case, you may or may not be able to appeal or contest the judgment. Small claims appeals vary by state. If your state allows appeals, you’ll start the process over in a different court.

Can a Creditor Garnish Your Wages After a Judgment?

Yes. Even in small claims court, a creditor who wins the lawsuit can collect the money you owe. One common tool is wage garnishment.

Wage garnishment means a portion of your paycheck gets taken before you see it. Your employer sends that money directly to the creditor until the debt is paid or the garnishment is stopped.

Don’t ignore a lawsuit, even in small claims court. Once a judgment is entered, the creditor has more power to collect. Fighting back becomes harder.

Federal limits exist on how much can be taken from your paycheck. Some types of income are generally protected from garnishment: Social Security, SSI, and certain retirement benefits.

If you’re struggling to make ends meet, you may be able to ask the court to protect more of your income. File a claim of exemption to explain that losing part of your wages would create financial hardship.

Each state has its own rules about when exemptions apply and how to file. Check your local court’s website or talk to a legal aid organization for guidance.

Garnishment usually doesn’t happen right away. The creditor must first win the case and get a judgment. Then they request a garnishment order from the court. The process can take a few weeks or longer. You have a small window to settle the debt, ask for a payment plan, or file exemptions.

If you’re facing a debt lawsuit or wage garnishment, our partner Solo can help you respond quickly and protect your rights.

How To Defend Yourself in Small Claims Court

Whether you’re filing the case or being sued, many of the same small claims court tips apply. Gather strong evidence, organize your documents, know the court rules, and prepare a clear, respectful presentation for the judge.

If you’re the defendant (the person being sued), here are a few extra things to consider:

• Respond to the lawsuit. Don’t ignore a small claims summons. Some courts require you to file a written answer. Others let you show up and speak in court. Check your court’s website or call the clerk to find out what’s required.
• Think about settlement. You might be able to settle the case before the court date by working out a payment plan or offering a reduced amount. If you settle, make sure the plaintiff officially dismisses the case with the court.
• Know you don’t have the burden of proof. The plaintiff has to prove their case. Your job is to point out anything they got wrong: the wrong amount, missing documents, or suing the wrong person.
• Consider a counterclaim. If the plaintiff owes you money related to the same issue, you may be able to file a counterclaim and ask the court for a judgment in your favor.
• Use legal arguments, not just excuses. “I couldn’t afford to pay” may be true, but it’s not a legal defense. Valid defenses include:

• You already paid the debt
• The claim is too old (statute of limitations has expired)
• The amount is incorrect
• The plaintiff broke the agreement first

Need help responding to a lawsuit? Our partner Solo can guide you through the process and help you file the right paperwork.