Preparing for Small Claims Court

Preparation cannot guarantee a result. Requirements vary; use the court directory to find your court's instructions.

1. Check whether the court can hear your dispute

Check the applicable limit, permitted claim types, claimant rules, filing deadline, and proper location. Identify the defendant's correct legal name and address. A claim within the limit is not necessarily eligible.

2. Consider asking for payment

Check whether a demand is required before filing and how it must be made. A clear written request can also document what you asked for and why. Keep a copy and any response.

3. File and arrange service

Use the forms and filing instructions for the appropriate court. Check the current fee and whether a fee waiver is available. Follow the court's service rules and deadlines; do not assume the court serves the other party. For example, California courts explain that the claimant must arrange service by someone else, with clerk service by certified mail offered in some courts.

4. Organize your evidence

Gather contracts, invoices, receipts, photographs, messages, or other records relevant to your claim. Organize them by date and be ready to explain how they support the amount requested. Check the court's rules for submitting exhibits, providing copies, and calling witnesses.

5. Prepare for the hearing

Review the notice and any court instructions. Prepare a concise account of what happened and what you are requesting. Listen to the other party and answer the judge's questions. For more on what follows, read the process guide.