Using Small Claims Court for Unpaid Wages

Small claims court is a simple, low-cost court where you can sue for money without a lawyer. It’s one way to get wages you’re owed, especially from a small contractor or a one-time job.

Small claims or a wage claim?

State labor department or U.S. DOLSmall claims court
CostFreeFiling fee, often $30 to $100 (waivers available for low income)
Who does the workThe agency investigatesYou present your own case
SpeedCan take monthsOften a hearing within 1 to 3 months
LimitUsually noneA state maximum, from a few thousand dollars up to about $25,000
Best forMany workers, unpaid overtime, ongoing violationsA clear amount owed to you by one employer

In some states, filing one may limit the other. Ask before filing both. A worker center or legal aid office can help you choose. See Where to Get Help.

Step by step

  1. Send a demand letter. Write what you’re owed, for which dates, and a deadline to pay (for example, 10 days). Keep a copy. Sometimes this alone gets you paid.
  2. Find the employer’s legal name. Look up the business on your Secretary of State’s website and the contractor license board. Suing the wrong name can make it hard to collect.
  3. File in the right court. Usually the county where the work was done or where the business is located. Many courts let you file online.
  4. Serve the papers. The employer must be officially notified, often by a sheriff, a process server or certified mail. The court clerk can tell you which ways are allowed.
  5. Prepare your evidence (see below), with three copies of everything: one for you, the judge and the employer.
  6. Go to the hearing. Be on time, be brief and stick to the facts: what work, which dates, what rate, what you were paid, what you’re owed. Ask for an interpreter if you need one.
  7. Collect. If you win, you get a judgment. If the employer still doesn’t pay, the court can help with wage garnishment, a bank levy or a lien on property.

Evidence that helps

Other ways to get paid

Deadlines: Wage claims usually must be filed within 2 to 3 years under federal law, and state deadlines vary. Don’t wait.

Standards & references

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