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Small claims court: when you might not need a lawyer

Small claims court handles smaller money disputes with simpler procedures. Here is how it works and when a lawyer may still be worth it. 4 min read

Small claims courts are designed for people to resolve smaller money disputes without a lawyer. Typical cases include unpaid loans, security deposits, minor property damage, unpaid bills for goods or services, and disputes with contractors.

How much you can sue for

Each state sets its own limit, and the limits range from a few thousand dollars to $20,000 or more in some states. Some states have different limits for individuals and businesses, or for certain kinds of claims. Your local court's website will list the current limit. If your claim is larger, you can usually choose to sue for the limit and give up the rest, or file in a regular civil court.

How it works

Try to settle first. Many courts expect, and some require, a written demand before you file. A clear letter stating what you are owed and why often resolves the dispute.
File the claim in the right court, usually where the other party lives or does business or where the dispute happened, and pay the filing fee. Fee waivers are available for people who cannot afford them.
Serve the other party with notice of the case, following the court's rules.
Prepare your evidence: contracts, receipts, photos, texts, emails, estimates, and any witnesses.
Attend the hearing. Hearings are short and informal. Explain what happened in order, show your evidence, and say what amount you are asking for and how you calculated it.
Collect. Winning a judgment does not always mean you get paid automatically. The court can explain collection options if the other side does not pay.

Do lawyers take part?

It depends on the state. Some states, such as California, generally do not allow lawyers to represent parties at small claims hearings. Others allow it, but most people represent themselves. You can still pay a lawyer for a short consultation to check the strength of your claim or help you prepare.

When a lawyer may be worth it

The amount is close to or above the limit, or the case raises a legal question rather than just a factual dispute.
You are being sued and the other side has a lawyer, or the claim could affect something bigger, such as your business or professional license.
The dispute involves an injury, which may be worth more than it first appears; see when to call a personal injury lawyer.

Many courts publish free small claims guides, and court self-help centers can explain procedures. See free and low-cost legal help.

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This guide is general information, not legal advice, and laws differ from state to state. For advice about your situation, talk to a lawyer licensed in your state. Last reviewed November 4, 2026.