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Educational information about court costs and procedure only — not legal advice and not a substitute for an attorney or your court clerk. Fees change; always confirm current figures with the clerk of the court where you file.

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How to file a small claims case, step by step — with the cost at each step

The sequence is the same in every state even though the court names and fees differ: demand, file, serve, wait for the answer, prepare, appear, and — if necessary — collect. Here is each step and what it costs.

  1. Try a written demand first. A short letter stating what is owed, why, and a deadline — sent by certified mail with a return receipt — settles a surprising share of disputes and creates the paper trail courts like to see. In New York, commercial claimants are required to send one at least 10 days before filing.About $11.02 certified mail
  2. Confirm the limit and the right court. Check your claim against your state's limit in the 50-state index, and file where the defendant lives or where the events happened. Filing in the wrong county gets the case transferred or dismissed — and the fee is rarely refunded.$0
  3. Complete the claim form. Courts call it a petition, statement of claim, complaint, or Plaintiff's Claim (California's is Form SC-100). You will need the defendant's exact legal name and address — a wrong name is the most common self-inflicted wound in small claims.Forms are free
  4. File and pay the filing fee. At the clerk's window or through the court's e-filing portal. The fee follows your state's tiers or flat rate — see the calculator for your exact figure.About $10–$300
  5. Serve the defendant. The court cannot hear your case until the defendant has been formally notified. Depending on the state that means the clerk mailing it (New York, California for $15), a sheriff or constable ($20–$75 typical), or a private process server ($50–$100 typical). Budget for a second attempt if the first fails.$0–$150
  6. Wait for the answer period. The defendant gets a set window to respond — for example, the end of the 14th day after service in Texas justice court, 30 days in Georgia magistrate court. If they counterclaim, counterclaim fees apply on their side. If they don't respond at all, ask the court about a default judgment.$0 for you
  7. Attend any pretrial conference or mediation. Florida requires a pretrial conference with mediation referral; New Hampshire mandates mediation for claims over $5,000; many courts everywhere offer it free on the hearing day. Skipping a required session can end your case.$0–$120 typical
  8. Prepare your evidence. Bring the contract, invoices, receipts, photos, messages, and a one-page timeline, with copies for the judge and the defendant. Organised evidence wins more small claims than argument does.Copy costs only
  9. Appear at the hearing. Dress plainly, arrive early, address the judge, and stick to amounts you can prove. Note who may speak for you: attorneys are barred at the hearing in California and Michigan, restricted in several other states, and freely allowed in states like Texas and Florida.$0 (jury $10–$70 if demanded)
  10. If you win, collect. A judgment is a piece of paper until the defendant pays. Voluntary payment is common; if it doesn't come, enforcement tools (writ of execution, wage or bank garnishment) carry their own fees — $15–$65 at the court plus service — which are added to what the defendant owes.$55–$200 all-in, recoverable

Deadlines are real. Every claim has a statute of limitations, service must be completed within the window your court sets, and appeal windows are short (30 days in Pennsylvania and Georgia). The clerk can confirm the dates that apply to your case — ask when you file, and write them down.

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Winning is only half of it — can you get the costs back?

In nearly every state the loser is ordered to reimburse your filing and service fees. Here is how that actually works, and when it doesn't.

Read: recovering your court costs

The whole thing on one line

Demand ($11) → file ($20–$300) → serve ($0–$150) → maybe mediate ($0–$120) → hearing ($0) → enforce if needed ($55–$200). A typical one-defendant case that ends at the hearing costs most people $75–$400 out of pocket, and winners are usually reimbursed the filing and service portions by the losing side.

Sources: Nolo — State Small Claims Court Dollar Limits · NY Courts — Starting a Case in NYC Small Claims Court · Texas Justice Court Training Center Deskbook, 5th ed.. Researched October 2026 — confirm current figures with the court clerk.