Small claims court: how to sue a company for up to $25,000 without a lawyer (limits by state, cost, and what to bring)
Small claims is designed for people, not lawyers: filing costs $30–$100, the hearing takes 15 minutes, and companies often settle as soon as they're served. Dollar limits in every state, how to name the right defendant, serving the company, the evidence that wins, and collecting the judgment.
- Limits: from $2,500 (Kentucky) to $25,000 (Tennessee); most states $5,000–$12,500 (California $12,500 for individuals, Texas $20,000, New York $10,000 in NYC, Florida $8,000, Illinois $10,000, Pennsylvania $12,000, Georgia $15,000).
- Cost: $30–$100 to file plus $10–$75 to serve the defendant; recoverable if you win.
- No lawyer needed (some states bar lawyers in small claims entirely). Companies must send a representative or lose by default.
- Timeline: hearing in 1–3 months. Most cases against companies settle before the hearing once they're served.
- Prerequisite: a demand letter with a deadline, then file in the county where the defendant does business or where the contract/harm happened.
- Winning is half: collecting a judgment against a company is usually easy (bank levy, business asset levy); against an individual can take effort.
Before you file
- Demand letter with a 10–14 day deadline, certified mail. See how to write a demand letter. Many states require it; all judges expect it.
- Identify the defendant correctly. Search your state Secretary of State business database for the company's exact legal name and registered agent (the person/company authorized to receive lawsuits). "Comcast" is "Comcast Cable Communications, LLC"; a store may be a franchisee LLC. A wrong name can void your judgment.
- Check your state's limit and the venue: your county's small claims division (often the county or district court's website has forms and e-filing).
- Check arbitration clauses: many consumer contracts require arbitration, but most exempt small claims explicitly. If yours doesn't, the company can move the case to arbitration (and usually pays the fees for consumer claims).
Filing
- Complete the statement of claim / plaintiff's claim form: your name, the defendant's legal name and address (registered agent), the amount, and a 2–4 sentence explanation: "On [date] I paid $[X] for [thing]. Defendant failed to [deliver/refund/return deposit]. I demanded payment on [date]. Defendant owes $[X] plus [penalties/interest/costs]."
- Pay the filing fee (fee waiver available if low income).
- Serve the defendant: certified mail by the clerk (many states), sheriff/marshal, or a process server. Serve the registered agent for a company. Keep the proof of service; the case can't proceed without it.
- You'll get a hearing date (or a pre-trial/mediation date in some courts). Some courts hold small claims by video.
Evidence and the hearing
Bring three copies (you, the judge, the defendant) of, in order:
- Contract, receipt, order confirmation, lease.
- Photos/videos (printed stills plus the file on a phone).
- All correspondence, chronologically, with the company's admissions highlighted.
- Your demand letter and the certified mail receipt.
- A one-page timeline and a calculation of the amount (principal, statutory penalties, interest, costs).
- Any rule you rely on, printed (the statute section, the FTC rule, the airline's contract of carriage).
- Witnesses, if any (a roommate who saw the delivery scan with no package; a contractor who inspected the damage).
The hearing lasts 10–20 minutes. Tell the story in order, in two minutes, then hand over exhibits. Answer the judge's questions directly. Don't interrupt the other side; note their points and respond briefly. If the defendant doesn't show up, you get a default judgment (you may still need to present your evidence).
After the judgment
- The company may pay within 30 days; many do. If not, ask the clerk for a writ of execution and use a bank levy (you know their bank from your refund or payment), a till tap/keeper for a store, or a lien on property. Sheriffs execute these for a fee, recoverable.
- Judgments accrue post-judgment interest and last 5–20 years, renewable.
- An individual defendant can be ordered to a debtor's examination to disclose assets; wage garnishment is possible in most states.
FAQ
The company is out of state or online only
Sue where you live if the company does business there (sells to your state); serve its registered agent in your state or its home state. Many judges accept video appearances.
Can I sue for emotional distress or "inconvenience"?
Small claims is for money owed and provable losses. Statutory penalties (deposit statutes, FDCPA, TCPA) are the exception and are worth claiming.
The company offers to settle after being served
Common. Get the settlement in writing, with a payment date; dismiss the case only after the money clears (or file a "conditional dismissal").
Can I appeal if I lose?
Depends on the state; often only the defendant can appeal, or appeals go to a new trial in the regular court.