Small Claims Court: How to Sue Someone Without a Lawyer

Savage Lex Team · 2026-07-20

Small Claims Court: How to Sue Someone Without a Lawyer

Got a dispute over money — a security deposit, unpaid invoice, or broken contract — but you can't afford a lawyer? Small claims court was built for exactly this. It is the one place in the legal system where regular people are supposed to win without hiring representation. Here's what you need to know before you walk through those doors.

What Is Small Claims Court?

Small claims court is a simplified branch of the civil court system. No jury. No complex motions. No lawyer required — and in some states, lawyers aren't even allowed at the hearing. A judge (or magistrate) hears your case, you present your evidence, and the judge decides. The whole thing is designed to be fast, cheap, and informal.

Every state sets its own dollar cap. As of 2026, limits range from $2,500 in Kentucky to $25,000 in Tennessee and Delaware. In Georgia, the limit is $15,000 in Magistrate Court. If your claim exceeds the limit, you either waive the excess and sue for the maximum, or file in regular civil court.

When to Use Small Claims Court

Small claims works best for clear, documented disputes involving money owed. Common cases include:

If your case involves more than money — like custody, restraining orders, or complex business disputes — small claims isn't the right forum. Stick to the appropriate court.

Step-by-Step: How to File

Step 1: Send a demand letter first. Before you file anything, send a written demand by certified mail with return receipt. Give a clear deadline (14 to 30 days). Many courts expect this step. It also shows the judge you tried to resolve things without involving the court — and sometimes it gets you paid without ever stepping inside a courtroom.

Step 2: Confirm you're filing in the right court. File where the defendant lives, works, or does business — or where the dispute happened. Filing in the wrong county is a common mistake that can delay or kill your case.

Step 3: Gather your evidence. Contracts, receipts, text messages, emails, photos, bank records, and witness contact information. Bring at least three copies of everything: one for the judge, one for the defendant, and one for yourself. Courts want documents, not stories. A compelling story without supporting paperwork is much weaker than you think.

Step 4: File your claim. In Georgia, you file an affidavit (a sworn statement) with your county's Magistrate Court. Filing fees are typically $30 to $75, depending on the amount. Fee waivers are available for low-income filers.

Step 5: Serve the defendant. This is the step people mess up most. You must legally notify the defendant using an approved method — typically a sheriff's deputy delivering the papers, or certified mail with return receipt. States require a minimum notice period before the hearing (often 15 to 20 days). Don't wait until the last minute.

Step 6: Attend the hearing. Show up early. Dress professionally. Bring your evidence organized in a folder, labeled and tabbed. The hearing is informal, but the judge expects you to be prepared.

What Happens at the Hearing

The judge calls your case. You identify yourself as the plaintiff. Then you present your side — what happened, when it happened, and how much you're owed. The judge may ask you questions during your presentation. That's normal. It means the judge is engaged.

The defendant then presents their side. Do not interrupt. Do not roll your eyes or sigh. Take notes. Write down the specific claims they make so you can address them in your rebuttal.

After both sides present, the judge may ask clarifying questions and then issue a decision — often the same day. If the defendant doesn't show up, you can typically win by default judgment.

Common Mistakes That Cost People Their Cases

What If You Win — But They Don't Pay?

Winning a judgment is step one. Collecting is step two. If the defendant doesn't pay voluntarily, you can use enforcement tools like:

Each state has different rules on what you can and cannot seize. In Georgia, wage garnishment is limited to 25% of disposable earnings under federal law.

Free Resources

The Bottom Line

Small claims court exists because justice shouldn't require a law degree. If you have a documented dispute, know the right court, and show up prepared, you have a real shot at winning. The system isn't perfect, but it's the most accessible legal process you'll find.

Prepare your documents. Follow the steps. And show up ready to tell your story clearly.

This article is for general educational purposes only and is not legal advice. Laws, limits, and procedures vary by state and change over time. Confirm current rules with your local court clerk or a court self-help center before filing, and consult a licensed attorney for advice on your specific situation.