Small claims court is a low-cost, simplified way to resolve disputes over money without needing a lawyer. It’s designed to be accessible to everyone, making it a better option for situations that don’t involve a lot of money.
Each state has its own maximum limit for what you can sue for, but it’s typically under $10,000. For example:
- New York City: $10,000
- Nassau and Suffolk Counties: $5,000
- Other City Courts: $5,000
- Town and Village Courts: $3,000
What Kinds of Cases Go to Small Claims Court?
Small claims court deals with a variety of money-related issues. It can’t order someone to do something (like fix a car) or to stop doing something. It’s strictly about getting money to cover a loss.
Common cases include:
- Wages and Unpaid Bills: If someone hasn’t paid you for work you’ve done, you can file a claim to get the money you’re owed.
- Contract Disputes: If someone breaks a written or verbal agreement and it costs you money.
- Property Damage: Getting reimbursed for damage to your car or other personal property.
- Security Deposits: When a landlord won’t return your security deposit without a good reason.
- Faulty Products or Services: If you paid for a product or service that was defective or done poorly.
Do You Need a Lawyer?
You’re not required to have a lawyer in small claims court. The process is straightforward enough that many people represent themselves, and in some states, it isn’t even allowed. Even where it is, hiring a lawyer for a “small” claim may not be worth the cost. Often, legal fees can be more than the amount of money you’re trying to recover.
How the Process Works
The small claims process is designed to be as simple as possible.
- Filing the Claim: To start, you (the plaintiff) fill out a form called a Statement of Claim with the court clerk. You’ll need the name and address of the person or business you’re suing (the defendant) and a brief explanation of why they owe you money. You’ll pay a small filing fee, and the court will schedule a hearing date.
- Notifying the Other Party: The court clerk notifies the defendant of the lawsuit and court date. You cannot serve this notice yourself; the court or an authorized process server handles it.
- The Hearing: This is your day in court. Both sides present their case and any evidence they have (like receipts, photos, or emails) to the judge or an arbitrator. It’s less formal than a regular trial. The judge may make a decision on the spot or mail their decision to you later.
What if You Win? What if You Lose?
- If you win: A court judgment means the defendant owes you money. If they don’t pay, an enforcement officer can help collect by garnishing wages or placing a lien on property. The court clerk offers guidance.
- If you lose: You may be able to appeal the decision in limited circumstances, but many small claims decisions are final.
Guidance for CC 175 Members
Your CC 175 Legal Plan offers access to a preferred lawyer who will help you prepare for your case in Small Claims Court and guide you through the process, with answers to any questions you may have.
Tap below to request help, or you can call the Member Helpline at 332-239-2667.
