Check if your claim fits within small claims limits. Compare dollar caps, filing fees, attorney rules, and filing limits for all 50 states plus DC.
Yes. Many small claims judges look favorably on plaintiffs who attempted to resolve the dispute before filing. A demand letter also demonstrates the seriousness of your claim and often leads to settlement without the need to appear in court. Some states (like California) require a demand letter for certain claim types.
In most states, the defendant can request a transfer to a regular court or request a jury trial (which triggers a transfer). This is why staying within the small claims limit is strategic, it keeps the process simple, fast, and inexpensive. Some states like California do not allow removal of small claims cases.
No. "Claim splitting" is prohibited in all states. If you have a single claim for $20,000 and the small claims limit is $10,000, you cannot file two $10,000 claims. You can choose to waive the excess and sue for only $10,000 in small claims, or you can file in regular court for the full amount.
A professional demand letter may provide a pre-litigation opportunity for resolution. I offer the Demand Package for appropriate California and Washington matters, starting at $2,500.