How To Prepare for Small Claims Court

What Is a Small Claims Court?

If you’re facing a dispute with a neighbor, landlord, or repair person, you may want to sue them in small claims court. These courts are designed to allow regular people to file certain types of cases without needing to hire a lawyer or understand complex legal theories. The amount of money a court can award in these cases is limited by state law.

✅ Small claims courts handle civil matters — a person or company suing another person or company. 

❌ These courts don’t hear criminal, immigration, child support, workers’ compensation, real estate, child protection, probate, constitutional, or federal cases. They also don’t handle appeals. 

Depending on your state, your local small claims court may go by a different name, such as magistrate court, justice court, general sessions court, or summary procedure court.

What Types of Cases Can You Bring in Small Claims Court?

Each state has its own rules for which cases qualify for small claims court. Generally, these courts commonly handle the following types of cases:

• Claims for payment of money owed on unpaid accounts, such as medical bills or credit card debt

• Landlord/tenant disputes like an eviction or a security deposit issue

• Neighbor disputes

• Sales transactions dealing with property, money, or services that weren’t received

• Medical expenses for a minor personal injury

• Claims involving defective or incomplete repairs by a contractor or repair person

• Overcharges for faulty or improper repairs on a car, electronics, or other personal property

💡 Other disputes that are below the claims limit and don’t involve real estate or significant personal injury. Those types of cases are heard in the next level of the judiciary, sometimes called district court, circuit court, chancery court, or superior court.

How Formal Are Small Claims Court Proceedings?

Proceedings in small claims court are generally less formal than in other courts. The overall rules of procedure and evidence still apply, but judges often relax the technical requirements. Because many of the litigants in small claims court aren’t lawyers, these courts allow some leeway to ensure the process is fair to everyone.

How To Prepare Your Small Claims Court Case

Now that you know a little bit about what small claims courts are and what their standard of proof is, here are six helpful tips to keep in mind as you prepare for your hearing date.

Learn About the Court Processes

Before you file a lawsuit, you need to learn as much as you can about the court processes, rules, and procedures that apply to your local small claims court. Most courts follow a fairly universal procedure, but your court may have some rules that are different. 

💡 Following your court’s specific rules and requirements will help make sure your case isn’t dismissed for procedural reasons.

You’ll also want to be sure that your case qualifies to be heard in small claims court and that the statute of limitations hasn’t expired. 

🔎 You can often find the eligibility requirements and information about the statute of limitations on the court’s website, in the court clerk’s office, or at a self-help center.

Prepare Your Case

Next, start preparing your case. Before you file paperwork with the court, gather information and evidence for your legal claim. 

✍️ Get the contact information of the defendant (the person or company you’re suing), including their legal name, address, phone number(s), and email address. If it’s a business, you’ll want to check with the secretary of state and find the defendant company’s name, office address, trade name, and who the principal officers of the company are so you can properly serve them. 

If the court can’t find the defendant, they can’t be served and you won’t be able to proceed with getting a trial date.

You should also be prepared to pay the necessary filing fees or court costs. Keep receipts of these costs. Also, prepare for any counterclaims (claims against you) that the other party may try to argue.

Keep Excellent Records

Your word and memory of the dispute are a start, but documented evidence is best. Keep an organized file of records and documents related to the facts and events of your case. 

📃 This might include contracts, leases, receipts, invoices, purchase orders, canceled checks, emails, dated photos, before/after pictures, and more. 

Keep your documents neat and organized in a way that’s easy to follow. You can use a folder, binder, or document box, and sort everything by date, category, or include a simple table of contents. This helps the judge quickly understand your case. Bring extra copies with you — one for the judge, one for the other party, and one for your own notes. Try not to write on the original documents so they stay clean and professional.

If You’re Suing a Business...

If a business has harmed you and you believe it owes you money, you’ll want to do some research on legislation and regulatory requirements for that industry or business. For example, see if the business is required to be licensed, to have any certifications, to provide certain notices to consumers, or to include specific terms in its contracts. 

Some states allow you to recover punitive damages if you win your case and the business didn’t comply with the appropriate regulations.

Find and Prepare Your Witnesses

Not every small claims case needs witnesses, but if yours does, try to talk to them as soon as you can. Make sure their memory of what happened matches yours and that they can clearly explain what they saw or know.

✅ Do have witnesses who are honest, calm, and able to stick to the facts.

❎ Don’t have witnesses who seem aggressive or confused or who talk about things not directly related to your case. This could even hurt your chances.

Ask if your witnesses are willing to come to court on your trial date. If someone is hesitant or says they might not show up, you can ask the court to issue a subpoena. A subpoena is a legal document that requires a person to come to court and testify. If they ignore it, there could be legal consequences.

Practice Presenting Your Case

Small claims court cases move quickly. Judges in these courts usually have a lot of cases on the docket. You may only get a few minutes to present your case to the judge. So before you go into the courtroom, it’s good to practice your case, and aim to:

• Prepare a written story or script

• Prepare questions you want to ask the defendant and any witnesses 

• Be concise

• Stick to the point and don’t wander too far from the important details of the case 

Be able to answer the five W’s (who, what, when, where, and why). Mention important facts like names, dates, amounts of money, etc. 

📝 Pro Tip: Before your court date, pay an in-person visit to the courtroom where your case will be heard. This allows you to observe other proceedings, get a feel for how the judge interacts with the litigants, and see how others present their case. Think about what works well and what doesn’t. This will help you shape a successful argument for your case.

Show the Court Due Respect

To help win your small claims court case, it is best to be respectful and make a good impression with the judge. Show up for court early on the hearing date. If you are absent or late, you risk having your case dismissed. Here are some other tips for how to conduct yourself in court:

• Dress appropriately. While a suit or pantsuit isn’t required, wearing one won’t hurt. If that isn’t your thing, keep it professional and appropriate. Wear clean, pressed slacks and a collared shirt or a nice dress. Dress like you’re going to a job interview. Looking the part can be important.

• Be respectful to the judge, the court clerk, and the other parties involved. Address the judge as “Your Honor.” Answer questions with “Yes, sir” or “No, ma'am” as appropriate. Don’t interrupt or be confrontational with the judge, although they may interrupt you to keep things moving. 

• Avoid name-calling, being disrespectful, or addressing the defendant directly. Make your statements, questions, and responses directly to the judge and the court in a calm, clear manner.

• Be ready to go when your case is called on the docket. Have everything lined up and ready ahead of time (testimonies, documents, witnesses, witness statements, etc.). Be sure to hit all the relevant arguments and facts in your case and give the judge all the information necessary to decide in your favor. 

Be Prepared To Follow Up After the Court’s Judgment

Last, but not least, follow up after the court issues a judgment. If you win, the judge will issue a court order called a money judgment, which requires the other party to pay you. 

Many cases are won simply because the other party didn’t show for the court date. In these cases, the judge issues a default judgment. You may have to take further action to actually get the losing party to pay you.

After the small claims judgment, follow up with the court clerk. Get a copy of the court order and ask the other party to pay. They usually have 30 days to comply and pay, depending on state law. If the losing party doesn’t voluntarily pay, you may have to try to get a wage garnishment order or bank levy to take money from their bank accounts. You can also try to get a lien on their property.

Alternatively, if you lose your small claims court case, you may or may not be able to appeal or contest the court judgment. Small claims appeals vary from state to state. If your state allows appeals, you’ll have to start the process over again in a different court.

Can a Creditor Garnish Your Wages After a Small Claims Judgment?

Yes. Even if the case was in small claims court, a creditor who wins the lawsuit can take steps to collect the money you owe. One of the most common tools they use is wage garnishment.

💵 Wage garnishment means a portion of your paycheck gets taken before you ever see it. Your employer is required to send that money directly to the creditor until the debt is paid off or the garnishment is stopped. 

That’s why it’s so important not to ignore a lawsuit, even if it’s in small claims court. Once a judgment is entered, the creditor has more power to collect, and it becomes harder to fight back.

There are federal limits to how much can be taken from your paycheck, and some types of income — like Social Security, SSI, and certain retirement benefits — are generally protected from garnishment.

If you’re already struggling to make ends meet, you may be able to ask the court to protect more of your income by filing a claim of exemption. This is a way to explain that losing part of your wages would create a financial hardship. Each state has its own rules about when exemptions apply and how to file, so check your local court’s website or talk to a legal aid organization for guidance.

Garnishment usually doesn’t happen right away. The creditor must first win the case and get a judgment. Then they have to request a garnishment order from the court. That process can take a few weeks or longer, which gives you a small window of time to settle the debt, ask for a payment plan, or file any exemptions.

How To Defend Yourself in a Small Claims Case

Whether you're the one filing the case or the one being sued, many of the same small claims court tips apply. You'll want to gather strong evidence, organize your documents, know the court rules, and prepare a clear, respectful presentation for the judge.

But if you're the defendant — the person being sued — here are a few extra things to consider:

• Respond to the lawsuit: Don’t ignore a small claims summons. Some courts require you to file a written answer; others let you show up and speak in court. Check your court’s website or call the clerk to find out what’s required.

• Think about settlement: You might be able to settle the case before the court date by working out a payment plan or offering a reduced amount. If you settle, make sure the plaintiff officially dismisses the case with the court.

• Know you don’t have the burden of proof: The plaintiff has to prove their case. Your job is to point out anything they got wrong — like the wrong amount, missing documents, or suing the wrong person.

• Consider a counterclaim: If the plaintiff owes you money related to the same issue, you may be able to file a counterclaim and ask the court for a judgment in your favor.

• Use legal arguments, not just excuses:  “I couldn’t afford to pay” may be true, but it’s not a legal defense. Valid defenses include:

• You already paid the debt.

• The claim is too old (statute of limitations has expired).

• The amount is incorrect.

• The plaintiff broke the agreement first.

Small Claims Court FAQs

Here are some answers to frequently asked questions about small claims cases.