How to File a Court Claim: Step-by-Step Guide

When a demand letter doesn't resolve your dispute, filing a court claim becomes your next step toward justice. The United States Courts website provides comprehensive information about federal court procedures and case types. According to the National Center for State Courts, over 100 million civil cases are filed annually in U.S. state courts—the vast majority by individuals without attorneys. Understanding court procedures, filing requirements, and the steps involved can mean the difference between a successful case and a dismissed claim. This comprehensive guide walks you through the entire process from choosing the right court to appearing at your hearing.

Understanding Court Options

Your first decision is which court to file in. This depends primarily on how much money you're seeking and the complexity of your case.

Factor	Small Claims Court	Civil Court
Dollar limits	$2,500-$25,000 (varies by state)	No upper limit
Attorneys	Usually not allowed or discouraged	Recommended for complex cases
Procedures	Informal, simplified rules	Formal rules of evidence/procedure
Discovery	Limited or none	Full discovery available
Timeline	30-70 days to trial	12-24+ months to trial
Filing fees	$30-$200	$200-$500+
Appeals	Limited; often new trial	Full appellate review

Small Claims Court Limits by State

The maximum amount you can sue for in small claims court varies significantly by state. Filing a claim over the limit will result in dismissal or transfer to civil court.

State	Limit	Filing Fee Range	Attorneys
California	$12,500	$30-$75	Not allowed
Texas	$20,000	$54-$162	Allowed
New York	$10,000	$15-$20	Allowed (discouraged)
Florida	$8,000	$55-$300	Allowed
Illinois	$10,000	$40-$185	Allowed
Pennsylvania	$12,000	$50-$125	Allowed
Ohio	$6,000	$35-$90	Allowed
Michigan	$6,500	$30-$70	Not allowed
Georgia	$15,000	$45-$75	Allowed
Tennessee	$25,000	$50-$125	Allowed

Determining Proper Venue

Venue refers to the geographic location where you must file your lawsuit. Filing in the wrong venue can result in dismissal or transfer, delaying your case.

Proper Venue Rules

• Defendant's residence: Where the defendant lives (most common)
• Business location: Where a business defendant has an office or conducts business
• Where incident occurred: Where the contract was signed, breach happened, or injury occurred
• Property location: For real property disputes, where the property is located

Venue for Business Defendants

• Corporation: State of incorporation, principal place of business, or where transaction occurred
• LLC: State of formation or where business is conducted
• Sole proprietor: Where owner resides or operates
• Online business: Typically where you reside (buyer's location)

What You Need to File

Required Information

• Your name and address: As plaintiff, your contact information
• Defendant's legal name: Full name (individuals) or registered business name
• Defendant's address: Current address for service of process
• Amount claimed: Specific dollar amount you're seeking
• Basis for claim: Legal theory (breach of contract, negligence, etc.)
• Facts supporting claim: Brief description of what happened

Finding the Defendant's Correct Legal Name

Defendant Type	How to Find Legal Name	Resource
Corporation	Secretary of State business search	State SOS website (free)
LLC	Secretary of State records	State SOS website (free)
DBA/"Doing Business As"	County fictitious name filings	County clerk records
Individual	Contracts, checks, license records	Public records search

Step-by-Step Filing Process

Step 1: Gather Documentation

Before going to the courthouse, assemble all documents supporting your claim:

• Contracts, receipts, invoices, agreements
• Correspondence (emails, letters, text messages)
• Photographs or videos of damage
• Your demand letter and any response
• Estimates or invoices for repairs
• Witness contact information

Step 2: Obtain Court Forms

• Online: Most courts post forms on their websites
• Clerk's office: Forms available at the courthouse
• Self-help center: Many courts have free assistance programs

Step 3: Complete the Claim Form

1. Print clearly or type all information
2. Use the defendant's legal name exactly
3. Include complete addresses
4. State specific dollar amount (not "at least" or "approximately")
5. Briefly explain your claim (2-3 paragraphs)
6. Sign and date where indicated

Step 4: Make Copies

• Original: For the court file
• Copy for each defendant: To be served
• Copy for yourself: For your records
• Extra copy: File-stamped return copy

Step 5: File at the Courthouse

1. Go to the clerk's office during business hours
2. Present your forms and copies
3. Pay the filing fee (cash, check, or card)
4. Receive your case number and hearing date
5. Get file-stamped copies back

Service of Process

After filing, you must formally notify the defendant of the lawsuit. This is called "service of process" and must follow specific rules or the case can be dismissed.

Service Methods by Preference

Method	Description	Cost	Effectiveness
Personal service	Hand-delivery to defendant	$40-$100	Most reliable
Sheriff service	Sheriff's deputy serves papers	$25-$75	Very reliable
Certified mail	USPS with return receipt	$8-$15	May be refused
Substituted service	Leave with adult at address	$40-$100	After failed attempts
Service by publication	Newspaper notice (last resort)	$100-$300	Court approval required

Service Requirements

• Must be completed by someone over 18 who is not a party to the case
• Cannot serve papers yourself
• Must be completed within time limit (usually 60-120 days)
• Proof of service must be filed with court

Writing Your Complaint or Claim

Your complaint tells your story and states your legal claim. For small claims, this is often a brief form; for civil court, it's a formal pleading.

Essential Elements

1. Caption: Court name, parties, case number
2. Jurisdiction: Why this court has authority
3. Parties: Identify plaintiff(s) and defendant(s)
4. Facts: What happened, when, where
5. Legal claims: The law that was violated
6. Damages: Specific amount you're seeking
7. Prayer for relief: What you want the court to order

Common Legal Claims

Claim Type	Elements to Prove	Common Examples
Breach of contract	Contract existed, you performed, defendant breached, you suffered damages	Unpaid invoices, incomplete work
Negligence	Duty, breach, causation, damages	Car accidents, slip and fall
Fraud	False statement, knowledge of falsity, intent to deceive, reliance, damages	Misrepresentation in sales
Property damage	Defendant's act damaged your property, amount of damage	Vandalism, negligent damage
Unjust enrichment	Defendant received benefit, retention is unjust	Mistaken payments, work without pay

After Filing: What Happens Next

Small Claims Timeline

1. Day 1: File claim, receive hearing date
2. Days 2-30: Serve defendant
3. After service: File proof of service with court
4. Before hearing: Organize evidence, prepare testimony
5. Hearing day: Present case to judge
6. After hearing: Receive judgment (often same day or mailed)

Civil Court Timeline

1. Filing: File complaint, pay fee
2. Service: Serve defendant (60-120 days)
3. Answer: Defendant has 20-30 days to respond
4. Discovery: Exchange information (3-12 months)
5. Motions: Pre-trial motions, summary judgment
6. Settlement conference: Court-ordered mediation attempt
7. Trial: Present case to judge or jury

Defendant's Response Options

After being served, the defendant may respond in several ways:

Possible Responses

• Answer: Admits or denies your allegations
• Counterclaim: Sues you back for related damages
• Motion to dismiss: Argues case should be thrown out
• Motion to transfer: Wrong venue or court
• Settlement offer: Offers to resolve without trial
• No response: May result in default judgment

If Defendant Doesn't Respond

If the defendant fails to respond within the required time (usually 20-30 days), you can request a default judgment:

1. Request entry of default from clerk
2. File motion for default judgment
3. Prove your damages (may require hearing)
4. Receive judgment

Fee Waivers for Low-Income Plaintiffs

If you cannot afford filing fees, you may qualify for a fee waiver. Requirements vary by state but generally consider:

• Income below 125-200% of federal poverty level
• Receipt of public benefits (SSI, SNAP, TANF)
• Demonstrated financial hardship

State	Income Threshold	Form Name
California	125% of poverty level	FW-001
New York	200% of poverty level	CIV-GP-280
Texas	200% of poverty level	Statement of Inability to Afford
Florida	200% of poverty level	Application for Civil Indigent Status

Filing Checklist

• ☐ Verify you're within the statute of limitations
• ☐ Determine correct court and venue
• ☐ Confirm defendant's legal name and current address
• ☐ Obtain and complete required forms
• ☐ Calculate exact damages amount
• ☐ Make required copies (original + 1 per defendant + 2 for yourself)
• ☐ Bring payment for filing fee or fee waiver application
• ☐ Bring ID and all supporting documents
• ☐ File claim and receive case number
• ☐ Arrange service of process immediately
• ☐ Calendar service deadline and hearing date
• ☐ File proof of service when complete
• ☐ Begin preparing for hearing

Frequently Asked Questions

How long do I have to file a lawsuit?

The statute of limitations varies by claim type and state. Contract claims typically have 3-6 years; personal injury claims usually have 2-3 years; property damage often has 3-6 years. Once the deadline passes, your claim is barred forever. Check your state's specific limitations period for your type of claim.

Can I sue someone in small claims court if they live in another state?

Generally, you must sue where the defendant can be reached for service and where the court has jurisdiction. For out-of-state defendants, you typically need to file where the transaction occurred or where the defendant has minimum contacts. Some states allow suits against out-of-state defendants who conducted business in-state.

What if I can't find the defendant to serve them?

If diligent efforts to locate the defendant fail, you may request court permission for alternative service methods—typically service by publication (newspaper notice). This requires filing a declaration of diligent search documenting your attempts. Service by publication is a last resort and may make judgment enforcement difficult.

Should I accept a settlement offer before trial?

Consider: (1) How likely are you to win at trial? (2) Will you be able to collect if you win? (3) What's the cost (time, stress) of going to trial? Many cases settle because a guaranteed payment now is often worth more than an uncertain judgment later. Get any settlement in writing.

What if the defendant files a counterclaim against me?

You become a defendant on the counterclaim and must respond within the required time (usually 20-30 days). Both claims will typically be heard together. You cannot simply drop your case to avoid the counterclaim—once filed, the defendant can proceed with their claim.

Can I add more defendants after filing?

Yes, through an amended complaint, but you must follow court rules and may need court permission. The new defendants get the same rights as original defendants, including time to respond. Additional filing fees may apply.