How to file a small claims case, step by step
Key takeaways
Limits: Texas $20,000, Georgia $15,000, Florida $8,000 (exclusive of costs, interest and fees).
File where the defendant is, or where the contract was performed. Wrong venue costs you weeks.
Budget for two fees: filing and service. In one Texas county that is $54 plus $90 per defendant.
Bring the invoice, the contract and your demand letter. Paper wins small claims cases.
How do I file a small claims case, step by step?
The steps are close to the same in every state. The details that change are the limit, the court's name and the fees.
- Send a demand letter first. It gives the customer a last chance and gives the judge a dated record. See what a demand letter is.
- Check the claim fits the limit. Texas justice courts hear up to $20,000, Georgia magistrate courts up to $15,000 and Florida small claims up to $8,000.
- Pick the right court. Usually the county or precinct where the defendant lives or does business, or where the work was done.
- Use the business's legal name. Look up the customer's registered name with the state so the judgment is against the right party.
- Fill in the petition and pay the fee. Online through the court's e-filing portal where it is offered, or at the clerk's window.
- Arrange service. A constable, sheriff, marshal or private process server delivers the papers. Read how to serve small claims papers.
- Prepare for the hearing. Organize the invoice, contract, emails and proof of delivery in date order.
What are the small claims rules in Texas, Florida and Georgia?
| Texas | Florida | Georgia | |
|---|---|---|---|
| Court | Justice court (small claims case) | County court, small claims | Magistrate court |
| Limit | $20,000 | $8,000, not counting costs, interest and fees | $15,000 |
| Filing fee | Set by county; $54 in one example | Capped by statute: $50 to $295 by claim size | Set by county; $60.50 in Cobb |
| Time to answer | End of the 14th day after service | Set by the court at the pretrial conference | 30 days after service |
Sources: Texas State Law Library, Fla. Stat. 34.041 and O.C.G.A. 15-10-2 and 15-10-43. State detail lives in our Texas small claims guide for businesses.
What documents do I need to file?
For the filing itself, only the petition and the fee. For the hearing, bring everything that tells the story: the signed contract or accepted quote, the invoice, delivery records or photos of the work, the reminders you sent and the demand letter. Three copies of each is a safe habit: one for you, one for the judge, one for the other side.
How long does a small claims case take?
Most run from a few weeks to a few months from filing to hearing, depending on how busy the court is and how fast service happens. Service is the step that stalls most often. Texas court data shows only about 29% of small claims cases filed statewide in FY2024 were decided at a hearing, so many end earlier through settlement, default or dismissal (Texas small claims statistics).
What if the defendant does not show up?
If they were properly served and do not answer or appear, the court can enter a default judgment for you. You still need to prove the amount, so bring your paperwork anyway.
Can someone file it for me?
Yes. Easy Small Claims prepares and files the claim for a business, arranges service and gets you ready for the hearing. It is $99 to start and $299 through the hearing, with court costs at cost and no cut of what you recover. Someone from your business still attends the hearing. See small claims for businesses.
Last updated October 2026. Easy Small Claims is not a law firm and this page is general information, not legal advice.
Questions, answered
Can I file a small claims case online?
Often, yes. Many Texas justice courts accept e-filing through eFileTexas, Florida county clerks use the statewide e-filing portal, and several Georgia magistrate courts, such as Cobb County, take filings online. Some courts still want paper or an in-person visit, so check the clerk's page for the county you are filing in before you start.
How much does it cost to file small claims?
It depends on the state, the county and the claim size. One Texas county charges $54 to file plus $90 per defendant for constable service. Florida law caps small claims filing fees on a sliding scale, up to $295 for claims over $2,500. Cobb County, Georgia charges $60.50 to file plus $50 per defendant for sheriff service.
Do I need a lawyer to file small claims?
No. Small claims courts are built for people and businesses without lawyers. In Texas a company can be represented by an owner, officer, partner or employee, and Georgia magistrate courts say you may come with or without an attorney. A lawyer can still help on a complicated or high-value claim.
What happens after I file a small claims case?
The court issues a citation or summons, and it is served on the defendant. They then have a set time to answer: in Texas by the end of the 14th day after service, in Georgia within 30 days. If they answer, the court sets a hearing. If they do not, you can usually ask for a default judgment.
A small business owner himself, Nitin has been on the wrong end of an unpaid invoice and knows how easy it is to give up on one. He built Easy Small Claims so owners can get that money back. He is also a practicing barrister.