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.
- All workers
Small claims or a wage claim?
| State labor department or U.S. DOL | Small claims court | |
|---|---|---|
| Cost | Free | Filing fee, often $30 to $100 (waivers available for low income) |
| Who does the work | The agency investigates | You present your own case |
| Speed | Can take months | Often a hearing within 1 to 3 months |
| Limit | Usually none | A state maximum, from a few thousand dollars up to about $25,000 |
| Best for | Many workers, unpaid overtime, ongoing violations | A 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
- 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.
- 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.
- 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.
- 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.
- Prepare your evidence (see below), with three copies of everything: one for you, the judge and the employer.
- 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.
- 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
- Your log of dates and hours worked
- Texts or messages about the job, the pay rate and payment promises
- Pay stubs, partial payments, bounced checks or payment app records
- Photos of you at the jobsite, the work and the address
- Names of coworkers who can testify, or written statements from them
- Your demand letter and any reply
Other ways to get paid
- Contractor license bonds: many states require licensed contractors to carry a bond that can pay unpaid wages.
- Payment bonds on public projects, and mechanic’s liens on private property in some states. These have strict, short deadlines.
- Extra damages: some state laws add penalties, double or triple wages, or interest for unpaid wages. Ask the clerk or a legal aid office what your state allows.
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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