Start with your state
Rules, fees, and forms change by state and county. Pick your state to reach the exact court — or start your claim and we will ask where you would sue.
Start my claimWhy not just download the free form?
The forms are free. Why pay?
The forms are free. Knowing what to write in them is not. Most rejected filings are rejected on the claim narrative, not the paperwork.
Can't I just hire a lawyer?
Most attorneys will not take a small claims-sized case, and the ones who will cost more than the claim.
What if I get it wrong?
You refile and pay the fee again. That is the actual cost of guessing.
Common questions
How much does it cost to file a small claims case?
The filing fee is set by each court and commonly ranges from about $30 to under $100, sometimes tiered by the amount you are claiming. Your county page shows the current fee.
What is the fee to serve the defendant?
Serving the other party usually costs an additional small fee — often paid to the sheriff, a constable, or for certified mail. It varies by court and by how many defendants you name.
Can I get the filing fee back?
If you win, courts commonly let you add your filing and service costs to the judgment, so the losing side repays them. Confirm the current rule for your court.
Can I get a fee waiver for small claims?
Many courts waive fees for filers with low income. The court provides a fee-waiver form; we can note it on your filing checklist.
Your small claims filing packet — $49
Everything above, assembled and filled in with your facts:
- Your court's own forms, with your claim written in the language the court expects
- A demand letter built from the same facts
- A filing checklist with your court's address, hours, and fee
- What to bring to your hearing
Answer a few questions first — starting with where you would sue. See your claim written out before you pay anything.
Reviewed by Small Claims Desk · Last reviewed 2026-08-28 · Sourced from State judiciary self-help resources and each county's clerk of court and Varies by state. See how we verify.