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Small Claims Court vs. Hiring a Lawyer

If someone owes you money, damaged your property or broke a contract, you have two broad choices: handle it yourself in small claims court, or hire a lawyer and sue in regular civil court.

Small claims court

Small claims is designed for people without lawyers. Procedures are simplified, filing fees are low, and cases are usually heard within a few months.

  • Dollar limits vary by state, commonly from a few thousand dollars up to around $25,000.
  • Lawyers are allowed in many states but prohibited in some, and usually unnecessary.
  • Remedies are mostly money. Small claims courts generally can't order someone to do something, like finish a job.
  • Appeals are limited and vary by state.

Good fit for: unpaid invoices, security deposit disputes, minor property damage, small contractor disputes and unpaid personal loans.

How a small claims case works

  1. Send a demand letter. Many disputes settle here, and some courts expect it.
  2. File in the right court, usually where the defendant lives or where the dispute happened, and pay the fee.
  3. Serve the defendant following the court's rules.
  4. Prepare evidence: contracts, texts, photos, receipts, estimates and witnesses.
  5. Present your case briefly and calmly to the judge or magistrate.

Winning isn't the same as getting paid

The court issues a judgment, but it doesn't collect for you. If the other side doesn't pay, you may need to use wage garnishment, bank levies or liens, each with its own process and fees. Before suing, ask whether the defendant can actually pay.

When to hire a civil litigation attorney

  • The amount is above the small claims limit, or significant to you.
  • You need a court order other than money, such as an injunction.
  • The case involves complex contracts, business partners, real estate or professional negligence.
  • You're being sued and the stakes are significant.
  • The other side has a lawyer.

Litigation is usually billed hourly. Ask for a budget by phase (pleadings, discovery, motions, trial), and ask whether your contract or the law lets you recover attorney's fees from the other side if you win.

Find a civil litigation attorney near you.

This guide is general information, not legal advice. Small claims rules and limits vary by state and county.