Small claims court: how to sue someone for under $10,000

What small claims court is for

Small claims court is the legal system's on-ramp for disputes too small to justify a full lawyer-driven lawsuit. Most jurisdictions cap small claims at $5,000-$25,000. Filing fees run $30-$100. The judge hears your case in 10-20 minutes; no jury, often no lawyers, plain-English questions.

It is the right venue for unpaid invoices, broken contracts, security-deposit disputes, minor property damage, and consumer claims against a business. It is the wrong venue for personal injury (often), employment claims (usually), or anything requiring complex discovery.

Jurisdictional limits by state (2026)

Limits change. Check your state court's public website before filing. As of 2026: California $12,500 (individuals), New York City $10,000, Texas $20,000, Florida $8,000, Illinois $10,000. Plaintiffs that are businesses often face lower limits than individuals.

You are bound by the cap. If you sue for $4,999 and your damages are $7,000, you waive the $2,001 difference. Plan accordingly.

The 5-step process

1. **Send a demand letter first.** Many courts require proof of a pre-suit demand attempt. Our demand letter guide covers what to say and how.

2. **File the complaint.** Pay the filing fee. The clerk gives you a case number, a court date (typically 30-90 days out), and a service packet for the defendant.

3. **Serve the defendant.** Most states require sheriff service, process server, or certified mail with return receipt. Personal service by you (the plaintiff) is usually not allowed.

4. **Show up prepared.** Bring three copies of every document, a one-page chronology of what happened, your demand letter with proof of service, and an itemized damages calculation.

5. **Collect after you win.** A judgment is just a piece of paper. Collection - wage garnishment, bank levy, property lien - is a separate process in most states. Budget another 3-12 months.

What to bring to court

The case is decided on what you can prove, not what you remember. Bring: written contracts, emails / texts (printed, with timestamps), photos of damage, receipts, repair estimates, witness statements (or witnesses themselves), your demand letter and proof of delivery, an itemized damages spreadsheet.

Show up 30 minutes early. Dress like you would for a job interview. Address the judge as "Your Honor". Speak briefly, factually, and only when asked.

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