How do I use small claims court to collect an unpaid invoice?
How do I use small claims court to collect an unpaid invoice?
Short answer
File a claim in the county where the customer is located, bring all invoice documentation and proof of delivery, and request a judgment for the full amount plus filing fees. Most small claims courts handle business invoice disputes under $5,000–$25,000 depending on your state.
Small claims court is the most accessible legal remedy for unpaid invoices. Dollar limits vary by state, typically $5,000 to $25,000, and most overdue service invoices fit within that range. You file in the court of the county where the defendant is located or where the contract was performed. Filing fees usually run $30 to $100, and you can request those be included in the judgment if you win.
Bring the original signed contract or engagement letter, every invoice and reminder you sent, proof that you sent them (email delivery receipts, certified mail returns), proof of delivery (photos, signed completion forms, email confirmations), and any correspondence where the customer acknowledged the debt or promised to pay. More documentation, stronger position. Small claims judges see a lot of cases; organized, documented claims win more often than oral-only testimony.
Before filing, send a formal demand letter stating the amount owed and a deadline (typically 14 days) after which you will file. The step is sometimes legally required and often prompts payment without filing. If the customer pays after the demand letter but before the court date, withdraw the claim and document the resolution. If they don't pay, file. Winning a judgment is one thing; collecting on it is another, and your options include bank levies, wage garnishment (for individual customers), or a lien on property.