Small Claims Court Checklist: Everything You Need Before, During, and After Your Hearing

Filing a small claims case without a lawyer is entirely achievable — but preparation is the single biggest factor between winning and losing. Judges in small claims courts see dozens of cases in a single morning. Cases are decided in 15–30 minutes. The plaintiff who arrives organized, concise, and fully documented wins more often than the one with the stronger underlying case but poor preparation.

Use this checklist at every stage of the process.

Stage 1: Before You File

Complete all of these steps before submitting your complaint to the court.

Confirm the Basics

Amount within the limit. Look up your state’s small claims dollar limit — it ranges from $2,500 (Rhode Island) to $25,000 (Tennessee, Virginia). Use our 50-state comparison table to confirm. If your claim exceeds the limit, decide whether to reduce the claim or file in regular civil court.
Money claim only. Small claims court awards money. It cannot order someone to do something (like make repairs). If you need a restraining order or injunction, you need a different court.
Correct defendant. You must name the right legal entity. If your landlord is an LLC (e.g., “Oak Properties LLC”), sue the LLC — not the individual manager. Look up the registered name in your state’s Secretary of State business entity database.
Defendant is locatable. You need a valid address to serve the defendant. For individuals, their home address. For businesses, their registered agent address.
Statute of limitations hasn’t run. Most small claims cases have a 2–6 year limitations window, but confirm for your specific claim type in your state. If you’re close to the deadline, file first and organize later.

Send a Demand Letter First

Written demand sent. Send a formal demand letter to the defendant before filing. Many courts expect this; some require it. The letter should state: what you’re owed, why, and a 14-day deadline before you file.
Sent by email AND certified mail. Email creates a timestamp; certified mail creates legally admissible proof of delivery.
Keep the certified mail receipt and green return card. These are exhibits. Put them in your evidence folder now.
Deadline has passed without resolution. Wait for the 14-day deadline to pass before filing. If they respond with a settlement offer, evaluate it against your likely recovery in court.

Know Your Numbers

Calculate the exact amount you’re claiming. Write it down. Include: principal amount owed, any statutory damages (2× or 3× in deposit cases), and whether you’re requesting court costs.
Know the penalty statute. If you’re suing for a security deposit, look up your state’s penalty. In Texas, it’s 3× the withheld amount plus attorney fees. In California, it’s 2×. In Georgia, it’s 3×. Cite the statute by number in your complaint.
Document how you calculated every dollar. The judge will ask. “My deposit was $1,800. The landlord withheld it past the 30-day deadline. Under Texas Property Code § 92.109, I am entitled to 3× the wrongfully withheld amount = $5,400, plus my $46 filing fee.”

Gather Your Evidence

Organize everything chronologically in a labeled folder. Make three copies of every document — one for the judge, one for the defendant, one for yourself.

Written agreement or contract. The lease, service contract, invoice, or text message thread that establishes the obligation.
Proof of payment. Bank statements, canceled checks, Venmo/Zelle receipts, or credit card statements showing what you paid and when.
Proof of the problem. Photos, videos (with timestamps), inspection reports, repair estimates, correspondence showing the issue.
Your demand letter with proof of delivery. Certified mail tracking confirmation or return receipt, plus a copy of the email you sent.
The defendant’s response (or proof they didn’t respond). If they ignored you, that’s evidence. If they responded with excuses, bring those too.
Move-in and move-out documentation (for deposit cases). Timestamped photos from both dates. If there was a move-in checklist, bring the signed copy.
Receipts for any expenses you incurred. Repair costs you paid because the defendant wouldn’t, moving costs, replacement items.
One-page written timeline. Write out the key dates and events in order: date of agreement, date of payment, date the problem arose, date you demanded resolution, date the deadline passed. Judges appreciate this.

File Your Complaint

Find the correct courthouse. File in the county/district where the defendant lives or where the dispute occurred. Verify the specific branch or division on your court’s website — large counties have multiple locations.
Complete the court’s forms. Most courts have forms available online or at the clerk’s window. Fill them out clearly and completely. If unsure, the clerk can answer procedural questions (but cannot give legal advice).
Pay the filing fee. Typically $14–$300 depending on state and claim amount. Get a receipt — you’ll request reimbursement in your judgment.
Get your hearing date. The clerk will assign a date, typically 30–90 days out. Write it in your calendar immediately with a reminder 1 week before.
Confirm service method. Ask the clerk how service will be accomplished — most courts serve by certified mail to the defendant. Confirm the defendant’s address is correct on your filing.

Stage 2: Between Filing and Your Hearing

Track service confirmation. If the court is serving by certified mail, confirm it was delivered. If service fails, the case may be postponed or dismissed. Follow up with the clerk.
Organize and practice your presentation. You have 15–20 minutes at most. Practice telling your story in 3–5 minutes: what the agreement was, what went wrong, how much you’re owed, why the defendant is responsible.
Prepare your exhibits list. Number each document: Exhibit 1 (lease), Exhibit 2 (payment receipt), Exhibit 3 (demand letter), etc. Refer to them by number during your presentation.
Arrange any witnesses. Witnesses must appear in person in most states — written statements are often not accepted. If you have a witness, confirm they can attend and give them the hearing date in writing.
Check for any counterclaims. In some states, defendants can file counterclaims. If the court notifies you of a counterclaim, review it and prepare a response.
Consider settlement. If the defendant contacts you with a reasonable offer, evaluate it. A certain payment today is worth more than a judgment you might struggle to collect. If you settle, get it in writing before dismissing the case.

Stage 3: Day of the Hearing

Arrive Prepared

Arrive 20–30 minutes early. Courts start on time. Some small claims sessions have multiple cases heard in sequence — arriving late may result in your case being called and defaulted.
Dress professionally. Business casual at minimum. You are asking a judge to take you seriously.
Bring your evidence folder with 3 copies of every document. One for the judge, one for the defendant, one for yourself.
Bring your numbered exhibits list. Hand a copy to the judge and defendant when your case is called.
Bring a pen and notepad. Take notes on what the judge and defendant say. You may need these if you appeal.

At the Hearing

Address the judge as “Your Honor.” Be respectful and concise throughout.
State your case clearly and factually. Stick to relevant facts and amounts. Avoid emotional arguments. Judges are persuaded by documentation and clear reasoning.
Refer to your exhibits by number. “Your Honor, I’d like to direct your attention to Exhibit 3, which is the certified mail receipt showing the defendant received my demand letter on [date].”
Let the defendant finish speaking. Do not interrupt. You will have a chance to respond.
Respond calmly to the defendant’s claims. If they say something inaccurate, note it and address it when the judge gives you a chance — don’t argue in the middle of their statement.
Ask for exactly what you’re entitled to. State the specific dollar amount, including filing fee reimbursement and any statutory penalties. The judge will not award more than you ask for.

Stage 4: After You Win — Collecting Your Judgment

Winning a judgment is not the same as getting paid. If the defendant does not pay voluntarily within 30 days, you must enforce the judgment.

Immediate Steps

Get a certified copy of the judgment. Request this from the court clerk. You need it to enforce collection. There is typically a small fee ($5–$25).
Send the defendant a written demand for payment. Include a copy of the judgment and a 10-day payment deadline. Some defendants pay once they see the official document.
Record the judgment as a lien (if the defendant owns real property). In most states, you can file the judgment with the county recorder’s office to create a lien on any real estate the defendant owns. This is passive — it gets paid when they sell or refinance.

If They Still Don’t Pay

Wage garnishment. File a writ of garnishment with the court, directed to the defendant’s employer. The employer must withhold a portion of each paycheck (typically 25% of disposable earnings) until your judgment is paid.
- What you need: Defendant’s employer name and address
- How to find it: Public record searches, LinkedIn, or the defendant’s testimony at the hearing
Bank account levy. Obtain a writ of execution and direct it to the defendant’s bank. The bank freezes and turns over available funds.
- What you need: Defendant’s bank name and branch
- How to find it: Any checks they’ve sent you, or post-judgment discovery (see below)
Post-judgment discovery. In most states, you can subpoena the defendant to answer questions about their assets under oath after winning a judgment. This is a powerful way to locate bank accounts and employment if you don’t know them. Ask the court clerk for the form.
Note the judgment interest rate. Your judgment typically earns interest at the state’s statutory rate (often 5–10% annually) until paid. This adds up over time.

If the Judgment Isn’t Satisfied

Renew the judgment if needed. Judgments expire — typically in 5–10 years depending on the state. If you haven’t collected and the judgment is approaching expiration, file to renew it before it lapses.
Assess whether the defendant is “judgment proof.” If the defendant has no income, no bank account, and no property, collecting may be practically impossible in the short term. You can wait and re-attempt collection if their financial situation changes.

State-Specific Notes

California: No attorneys at the hearing. File in the correct county courthouse branch. Online filing available in many counties. Judgment enforcement includes wage garnishment and bank levies in the same Superior Court.

Texas: File in the Justice of the Peace precinct where the defendant lives or where the contract was formed. The $20,000 limit makes JP court appropriate for most security deposit cases. 5-day appeal window to County Court.

Florida: Attorneys are allowed. The $8,000 limit covers most residential deposit disputes. Defendants have 5 days to file a response after service; failure to respond results in a default judgment.

New York: NYC limit is $10,000; outside NYC it’s $5,000. Evening sessions are available in NYC — check the Civil Court calendar. Mediation is offered before many hearings.

Illinois: Attorneys allowed. $10,000 limit. In Chicago, RLTO claims may add attorney fees to your recovery — worth knowing before calculating what to ask for.

Pennsylvania: Magisterial District Court, not traditional small claims. 30-day appeal to Court of Common Pleas. Bring everything to the MDJ hearing — there is no pre-hearing discovery.

This checklist is for informational purposes only and does not constitute legal advice. Court procedures, filing requirements, and deadlines vary by state. Always verify current rules with your local court clerk. Last updated: March 2026.