Small Claims Court: Part 1

Each district court in the United States contains a small claims division for the settlement of civil disputes in which damages claimed total less than $5,000. Small claims court was established to provide a low-cost, user-friendly alternative to litigation.

The following information is designed to answer only basic questions regarding the use of small claims court. If you should have any additional questions, please contact your county district court's small claims division.

Who can sue and be sued?

Any individual, business, partnership, or corporation (with a couple of exceptions) may bring a small claims suit against any other individual, business, partnership, or corporation for recovery of money only for an amount up to $5,000. In general, the claim must be filed in the district court of the county in which the defendant(s) reside. Exceptions and specific rules exist in each state. Depending on the state, attorneys and paralegals may be excluded from appearing or participating with the plaintiff or defendant in a small claims suit.

How much does it cost?

You must pay the court clerk a filing fee at the time the suit is filed. The filing fee varies, depending on the state and county you file the lawsuit in. You may have some additional fees payable to the sheriff or process server to have the notice of small claims served on the defendant. As an alternative, you may serve notice on the defendant by registered or certified, return receipt mailing. If you win your case, you are entitled to recover your costs of filing and service fees.

How do I get started?

Contact your local district court; contact information may be located in your local phone book or at http://www.uscourts.gov/court-locator. First you will prepare a notice of small claim form that is provided by the clerk. You are required to sign the notice in the presence of the clerk, unless otherwise instructed by the court. On the notice form, a hearing date, trial date, or response date will be entered by the clerk. It is the plaintiff's responsibility to accurately identify the defendant, provide a proper address, and, if possible, provide a phone number.

How long do I have to file my case?

Time limits range from 1 to 10 years. Check with your district court to determine which time limit applies to your type of case.

Serving the Notice

The clerk will assist you with forms and general information about the process. The clerk is not allowed to give legal advice. Service of the claim form can be accomplished by any of the following:

• The sheriff's office
• A process server
• Any person of legal age (18) who is not connected with the case either as a witness or as a party
• Mailing the copies to the defendant by registered or certified mail with a return receipt requested

The notice of small claim must be served on the defendant not less than 10 days before the first hearing. A return of service, or mail return receipt bearing the defendant's signature, must be filed at or before the time of the first hearing. You cannot personally serve the claim.