Small Claims Court Complaint Guide: How to File and Win Your Case

Learn how to file a small claims court complaint for unpaid debts from credit cards, utility bills, or medical expenses. Step-by-step guidance for consumers seeking financial justice.

Introduction

A Small Claims Court Complaint is a legal document that allows individuals to seek financial compensation without hiring an attorney. This simplified court process is designed for everyday people to resolve disputes involving relatively small amounts of money (typically under $10,000, though limits vary by state). If you're dealing with unpaid credit card debt, utility bills, or medical expenses, small claims court can be an effective way to recover what you're owed without the expense and complexity of traditional litigation. This guide will help you understand how to prepare, file, and present your case effectively.

Key Things to Know

  1. 1

    There are strict time limits (statutes of limitations) for filing small claims cases, ranging from 1-10 years depending on your state and the type of claim.

  2. 2

    You must sue in the correct jurisdiction—typically where the defendant lives or where the transaction occurred—or your case could be dismissed.

  3. 3

    Prepare concise, organized documentation of all transactions, communications, and attempts to resolve the issue before filing.

  4. 4

    Small claims judgments can appear on credit reports and affect the defendant's credit score for 7-10 years.

  5. 5

    If you're suing a business, make sure you name the correct legal entity (corporation, LLC, etc.) and registered agent for service.

  6. 6

    Consider sending a formal demand letter before filing, as many courts require this step, and it may resolve your issue without court involvement.

  7. 7

    Be prepared to invest time in the collection process if you win, as courts issue judgments but don't enforce collection.

  8. 8

    If you're being sued in small claims court, don't ignore it—failing to respond can result in a default judgment against you.

Key Decisions

Consumers with Medical Bills

Utility Service Customers

Credit Card Account Holders

Customize your Small Claims Court Complaint Template with DocDraft

SMALL CLAIMS COURT COMPLAINT

IN THE SMALL CLAIMS COURT OF [COUNTY/CITY] COUNTY

[STATE] STATE

Case No.: ___________________ (to be assigned by court clerk)


PLAINTIFF INFORMATION

Plaintiff Name: [PLAINTIFF FULL LEGAL NAME]
Address: [STREET ADDRESS]
[CITY], [STATE] [ZIP CODE]
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]

☐ Individual
☐ Business (Complete the following if filing as a business):
    Business Type: [CORPORATION/LLC/PARTNERSHIP/SOLE PROPRIETORSHIP]
    DBA Name (if applicable): [DBA NAME]
    Business License No.: [LICENSE NUMBER]
    Tax ID/EIN: [TAX ID NUMBER]


DEFENDANT INFORMATION

Defendant Name: [DEFENDANT FULL LEGAL NAME]
Address: [STREET ADDRESS]
[CITY], [STATE] [ZIP CODE]
Phone (if known): [PHONE NUMBER]
Email (if known): [EMAIL ADDRESS]

☐ Individual
☐ Business:
    Business Type: [CORPORATION/LLC/PARTNERSHIP/SOLE PROPRIETORSHIP]
    DBA Name (if applicable): [DBA NAME]
    Registered Agent (if known): [REGISTERED AGENT NAME]
    Registered Agent Address: [REGISTERED AGENT ADDRESS]

Additional Defendant(s) (if applicable):
Defendant Name: [ADDITIONAL DEFENDANT FULL LEGAL NAME]
Address: [STREET ADDRESS]
[CITY], [STATE] [ZIP CODE]
Relationship to Claim: [DESCRIBE RELATIONSHIP]
Liability: ☐ Joint and Several ☐ Separate


JURISDICTION AND VENUE

  1. This Court has jurisdiction over this matter because:

    • The amount in controversy is $[AMOUNT], which is within this Court's small claims jurisdictional limit of $[JURISDICTIONAL LIMIT].
    • The events giving rise to this claim occurred in [COUNTY/CITY] County, [STATE].
    • The Defendant resides in [COUNTY/CITY] County, [STATE].
    • The Defendant conducts business in [COUNTY/CITY] County, [STATE].
  2. Venue is proper in this Court because:

    • ☐ The Defendant resides in this county/city.
    • ☐ The incident/transaction occurred in this county/city.
    • ☐ The property that is the subject of this claim is located in this county/city.
    • ☐ Other: [SPECIFY OTHER BASIS FOR VENUE]
  3. This claim is being filed within the applicable statute of limitations for this type of case, which is [NUMBER] years in [STATE] for [TYPE OF CLAIM].


STATEMENT OF CLAIM

Amount Claimed: $[EXACT AMOUNT]
Plus Court Costs: $[FILING FEE AMOUNT]
Total Amount: $[TOTAL AMOUNT]

Date(s) of Incident/Transaction: [DATE(S)]
Location of Incident/Transaction: [LOCATION]

Legal Basis for Claim:
☐ Breach of Contract
☐ Property Damage
☐ Unpaid Debt
☐ Security Deposit Dispute
☐ Consumer Protection Violation
☐ Personal Injury
☐ Other: [SPECIFY]

Detailed Statement of Facts:

I, [PLAINTIFF NAME], the Plaintiff in this action, hereby state that the Defendant, [DEFENDANT NAME], is indebted to me in the amount of $[AMOUNT] for the following reasons:

[PROVIDE A CLEAR, CHRONOLOGICAL ACCOUNT OF THE EVENTS LEADING TO THIS CLAIM, INCLUDING ALL RELEVANT DATES, LOCATIONS, AGREEMENTS, AND INTERACTIONS WITH THE DEFENDANT. BE SPECIFIC ABOUT WHAT HAPPENED, WHEN IT HAPPENED, AND WHY THE DEFENDANT OWES YOU MONEY.]


DEMAND FOR PAYMENT HISTORY

Prior to filing this complaint, I have made the following attempts to resolve this matter:

  1. On [DATE], I [DESCRIBE FIRST ATTEMPT TO RESOLVE - e.g., "sent a demand letter requesting payment"].

    • Defendant's response: [DESCRIBE RESPONSE OR NOTE "No response received"]
  2. On [DATE], I [DESCRIBE SECOND ATTEMPT TO RESOLVE - e.g., "called the Defendant and discussed the matter"].

    • Defendant's response: [DESCRIBE RESPONSE OR NOTE "No response received"]
  3. On [DATE], I [DESCRIBE THIRD ATTEMPT TO RESOLVE - e.g., "sent a final demand letter via certified mail"].

    • Defendant's response: [DESCRIBE RESPONSE OR NOTE "No response received"]

Despite these good faith efforts to resolve this matter without court intervention, the Defendant has failed to satisfy their obligation, necessitating this legal action.


EVIDENCE SUMMARY

I intend to present the following evidence to support my claim:

Documents:

  1. [DOCUMENT DESCRIPTION - e.g., "Written contract dated [DATE]"]
  2. [DOCUMENT DESCRIPTION - e.g., "Receipts/invoices showing payment/services"]
  3. [DOCUMENT DESCRIPTION - e.g., "Photographs of damaged property"]
  4. [DOCUMENT DESCRIPTION - e.g., "Text messages/emails between parties"]
  5. [DOCUMENT DESCRIPTION - e.g., "Demand letters sent to Defendant"]
  6. [DOCUMENT DESCRIPTION - e.g., "Certified mail receipts"]
  7. [DOCUMENT DESCRIPTION - e.g., "Repair estimates/bills"]

Witnesses:

  1. Name: [WITNESS NAME]
    Contact Information: [WITNESS CONTACT INFORMATION]
    Expected Testimony: [BRIEF DESCRIPTION OF WHAT THIS WITNESS WILL TESTIFY ABOUT]

  2. Name: [WITNESS NAME]
    Contact Information: [WITNESS CONTACT INFORMATION]
    Expected Testimony: [BRIEF DESCRIPTION OF WHAT THIS WITNESS WILL TESTIFY ABOUT]

Calculation of Damages: [PROVIDE A DETAILED BREAKDOWN OF HOW YOU CALCULATED THE AMOUNT CLAIMED, INCLUDING ANY SPECIFIC COSTS, FEES, INTEREST, OR OTHER COMPONENTS THAT MAKE UP THE TOTAL AMOUNT]


PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

  1. Enter judgment in favor of the Plaintiff and against the Defendant in the amount of $[AMOUNT];
  2. Award court costs in the amount of $[FILING FEE AMOUNT];
  3. Award pre-judgment interest at the legal rate from [DATE PAYMENT BECAME DUE] to the date of judgment;
  4. Award post-judgment interest at the legal rate from the date of judgment until paid in full; and
  5. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

I, [PLAINTIFF NAME], hereby declare under penalty of perjury under the laws of the State of [STATE] that I am the Plaintiff in the above-entitled action; that I have read the foregoing complaint and know the contents thereof; and that the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

Executed on [DATE] at [CITY], [STATE].


[PLAINTIFF NAME], Plaintiff


CERTIFICATION OF PRE-FILING REQUIREMENTS

☐ I certify that I have complied with all pre-filing requirements for small claims actions in this jurisdiction, including:

  • ☐ Sending a formal demand letter to the Defendant
  • ☐ Attempting mediation or alternative dispute resolution (if required)
  • ☐ Waiting the required period after demand before filing
  • ☐ Other: [SPECIFY OTHER REQUIREMENTS MET]

SERVICE INFORMATION

I plan to serve the Defendant by: ☐ Certified Mail, Return Receipt Requested ☐ Sheriff/Constable Service ☐ Private Process Server ☐ Other method permitted by court rules: [SPECIFY]


FILING CHECKLIST

☐ Original Complaint for Court ☐ [NUMBER] copies for each Defendant ☐ Copy for Plaintiff's records ☐ Filing fee of $[AMOUNT] or Fee Waiver Application ☐ Completed Summons form (if required) ☐ Self-addressed, stamped envelope (if required for return of filed documents)


Respectfully submitted this [DAY] day of [MONTH], [YEAR].


[PLAINTIFF NAME], Plaintiff

Nebraska Requirements for Small Claims Court Complaint

Jurisdictional Limit (Neb. Rev. Stat. § 25-2802)

Nebraska Small Claims Court has jurisdiction over civil matters where the amount in controversy does not exceed $3,900, exclusive of costs and interest.

Venue Requirement (Neb. Rev. Stat. § 25-403)

The complaint must be filed in the county where at least one of the defendants resides, where the cause of action arose, or where the plaintiff resides if the defendant can be served in that county.

Statute of Limitations (Neb. Rev. Stat. § 25-205 to § 25-212)

The complaint must be filed within the applicable statute of limitations period, which varies by type of claim (e.g., 4 years for written contracts, 5 years for oral contracts, 4 years for negligence).

Proper Parties (Neb. Rev. Stat. § 25-301)

The complaint must name the correct legal parties, including the full legal name of the plaintiff and defendant(s). Business entities must be properly identified with their correct legal names.

Plain Statement of Claim (Neb. Rev. Stat. § 25-2803)

The complaint must contain a short and plain statement of the claim showing that the pleader is entitled to relief, including sufficient facts to establish the basis for the claim.

Claim Amount (Neb. Rev. Stat. § 25-2803)

The complaint must specify the exact amount of money claimed, including principal, interest, and any other charges, not exceeding the jurisdictional limit.

Service of Process (Neb. Rev. Stat. § 25-505.01)

The defendant must be properly served with the complaint according to Nebraska law, which may include certified mail with return receipt requested or personal service by the sheriff.

Filing Fee Requirement (Neb. Rev. Stat. § 25-2804)

The plaintiff must pay the required filing fee when submitting the complaint, unless granted a fee waiver based on indigency.

Self-Representation (Neb. Rev. Stat. § 25-2803)

Parties in small claims court generally represent themselves; attorneys are not permitted to represent parties except under specific circumstances.

Verification Requirement (Neb. Rev. Stat. § 25-2803)

The complaint must be signed by the plaintiff under oath, verifying that the statements contained in the complaint are true to the best of the plaintiff's knowledge and belief.

Prohibited Claims (Neb. Rev. Stat. § 25-2802)

Certain types of actions cannot be brought in small claims court, including libel, slander, alienation of affection, malicious prosecution, and abuse of process.

Transfer to Regular Civil Docket (Neb. Rev. Stat. § 25-2805)

Either party may request that the case be transferred to the regular civil docket of the county court if they wish to have attorney representation or if the case involves complex legal issues.

Due Process Requirements (U.S. Constitution, Amendment XIV)

The complaint and proceedings must comply with constitutional due process requirements, providing the defendant with adequate notice and opportunity to be heard.

Americans with Disabilities Act Compliance (42 U.S.C. § 12101 et seq.)

Court facilities and proceedings must be accessible to persons with disabilities, and reasonable accommodations must be provided when requested.

Language Access (Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d)

Individuals with limited English proficiency must be provided with language assistance services to ensure meaningful access to court proceedings.

Counterclaim Provisions (Neb. Rev. Stat. § 25-2806)

The defendant may file a counterclaim against the plaintiff if it arises from the same transaction or occurrence that is the subject matter of the plaintiff's claim.

Hearing Notice Requirements (Neb. Rev. Stat. § 25-2804)

The court must provide proper notice of the hearing date to all parties, allowing sufficient time to prepare for the hearing.

Continuance Provisions (Neb. Rev. Stat. § 25-2804)

The court may grant a continuance of the hearing date for good cause shown, such as illness or unavailability of a key witness.

Judgment Enforcement (Neb. Rev. Stat. § 25-1501 et seq.)

After obtaining a judgment, the prevailing party must follow specific procedures to enforce the judgment, which may include garnishment, execution, or judgment liens.

Appeal Rights (Neb. Rev. Stat. § 25-2807)

Any party dissatisfied with the judgment may appeal to the district court within 30 days after entry of the judgment.

Frequently Asked Questions

Small claims court is ideal for straightforward financial disputes such as unpaid bills, property damage, breach of contract, or security deposit returns. For credit card account holders, you can sue for unpaid balances. Utility service customers can seek compensation for billing disputes or service interruptions. Consumers with medical bills can use small claims court to address billing errors or contest charges. However, small claims court cannot be used for divorce, guardianship, name changes, or bankruptcy matters. Each state has different maximum claim amounts, typically ranging from $2,500 to $25,000.

To prepare your complaint: 1) Gather all relevant documentation (bills, contracts, payment records, correspondence). 2) Identify the correct legal name and address of the person or business you're suing (the defendant). 3) Calculate the exact amount you're owed, including any applicable interest or fees. 4) Determine the correct court jurisdiction based on where the defendant lives or where the transaction occurred. 5) Obtain the proper complaint form from your local court's website or clerk's office. 6) Complete the form with clear, concise facts about your claim, avoiding legal jargon. 7) Make copies of all supporting documents to attach to your complaint.

Filing fees for small claims court typically range from $15 to $100, depending on your state and the amount of your claim. Some courts charge additional fees for serving the complaint on the defendant (delivering official notice of the lawsuit). If you cannot afford the filing fees, many courts offer fee waivers for low-income plaintiffs—ask the court clerk about filing an 'in forma pauperis' application. Remember to factor these costs into your decision to pursue a case, as you'll need to pay them upfront, though they may be added to your judgment if you win.

After filing, the court will assign a case number and hearing date, typically within 20-70 days. The defendant must be formally notified through a process called 'service of process,' which can be done through certified mail, a process server, or sheriff's deputy, depending on local rules. The defendant then has an opportunity to file a response or counterclaim. Before your hearing, organize your evidence chronologically and prepare a brief, clear explanation of your case. On your court date, arrive early, dress professionally, and present your case respectfully when called. The judge may issue a decision immediately or mail it to you later.

If the defendant fails to appear at the scheduled hearing and you can prove they were properly served with the complaint, you may be eligible for a 'default judgment' in your favor. However, you'll still need to provide evidence supporting your claim and the amount you're requesting. The judge will review your documentation and may ask questions before granting the judgment. A default judgment is just as legally binding as any other court judgment. Once obtained, you can proceed with collection efforts such as wage garnishment, bank account levies, or property liens, depending on your state's laws.

Winning your case doesn't automatically get you paid. If the defendant doesn't voluntarily pay the judgment, you'll need to take additional steps: 1) Request a certified copy of the judgment from the court clerk. 2) Send a formal demand letter to the defendant requesting payment. 3) If payment isn't made, you can pursue enforcement options like wage garnishment (taking money directly from their paycheck), bank account levies (freezing and taking money from their accounts), property liens (legal claims against real estate), or judgment debtor examinations (court-ordered financial disclosure). Each state has different rules for judgment collection, so consult your court clerk for specific procedures.

Rules regarding attorney representation in small claims court vary by state. Some states prohibit lawyers entirely, others allow them but don't require them, and some only permit lawyers in certain circumstances or on appeal. Even in states where lawyers are allowed, small claims procedures are designed to be navigated without legal representation. If your case is particularly complex or involves a significant amount of money, you might consider consulting with an attorney beforehand for advice, even if they cannot represent you in court. Check your local court's website or contact the clerk's office to understand the rules in your jurisdiction.

Small claims court differs from regular civil court in several key ways: 1) Claim limits are lower (typically $2,500-$25,000 depending on the state). 2) Filing fees and procedures are simpler and less expensive. 3) Cases are resolved much faster, often within 1-3 months versus 1-2 years. 4) Rules of evidence and procedure are more relaxed. 5) The discovery process (formal exchange of information) is limited or nonexistent. 6) Hearings are brief, typically lasting 15-30 minutes. 7) Some states restrict or prohibit attorney representation. 8) Appeals may be limited. Small claims court is designed for straightforward financial disputes where the facts can be presented clearly without complex legal arguments.