The Small Claims Court Process

Procedures and deadlines differ by court. Use the Department of Justice court directory to find the official instructions for your location.

Filing your claim

First check whether the court can hear the dispute and whether it is the right location. Obtain the court's forms and instructions, identify the defendant by their correct legal name, and check filing fees, deadlines, and any fee waiver or deferral options.

Service of process

The defendant must receive notice in a way allowed by the court's rules. Do not assume the court will arrange service. In California, the person filing must arrange for someone else to serve the papers; some courts also offer service by the clerk by certified mail. Check who can serve, the deadline, and how to file proof of service with your own court.

The hearing

Check your notice for the hearing date and instructions. Organize the evidence you need and ask the court about copies, witnesses, and any remote-hearing requirements. The decision may be given at the hearing or later, depending on the court.

After the judgment

A judgment for money does not itself guarantee payment. If the other party does not pay, collection may require further steps, subject to waiting periods, exemptions, and local rules. See our collection guide and your court's instructions.

Appeals and other options

Do not assume either party can appeal. Rights, deadlines, and procedures vary. Arizona courts say there are no appeals in small claims. California courts explain that a person ordered to pay may appeal in certain circumstances, including a plaintiff who loses on a defendant's claim. Ask the court promptly about any available appeal or request to set aside a judgment.