If you're a freelancer or a business
- Collect the paper trail. The contract or the email where the client agreed to the job and price, the invoice, proof the work was delivered (files, links, emails), and any message where the client acknowledged it.
- Send a final reminder, then a demand letter. State the invoice number, amount, due date and a final deadline. Late fees or interest are only safe to add if your contract or invoice terms say so. How to write a demand letter.
- Sue the right party. If your client was a company, sue the company under its registered legal name. If it was a person, sue the person.
- File where the rules allow: usually where the client lives or does business, or where the work was to be done. Check your state page.
If you were an employee
Unpaid wages, final paychecks and overtime can be taken to small claims, but you usually have a free alternative: file a wage claim with your state labor department, or with the US Department of Labor's Wage and Hour Division for federal minimum wage and overtime. These agencies investigate, can order penalties that small claims courts sometimes can't, and it's illegal for an employer to retaliate against you for filing. If you choose small claims anyway, bring pay stubs, schedules and texts that show the hours you worked.
Is the amount too big?
Small claims limits run from $2,500 to $25,000 depending on the state; see every state's limit. If you're owed more, you can give up the difference to stay in small claims, or file a regular civil case.
How long you have to sue
A signed contract or accepted written estimate usually counts as a written contract. A job agreed only by phone or in person is an oral agreement, which often has a shorter deadline. Emails can go either way; when in doubt, file sooner.
| State | Written contract | Oral agreement | Small claims limit |
|---|---|---|---|
| Alabama | 6 years | 6 years | $6,000 |
| Alaska | 3 years | 3 years | $10,000 |
| Arizona | 6 years | 3 years | $5,000 |
| Arkansas | 5 years | 3 years | $5,000 |
| California | 4 years | 2 years | $12,500 |
| Colorado | 3 years | 3 years | $7,500 |
| Connecticut | 6 years | 3 years | $5,000 |
| Delaware | 3 years | 3 years | $25,000 |
| District of Columbia | 3 years | 3 years | $10,000 |
| Florida | 5 years | 4 years | $8,000 |
| Georgia | 6 years | 4 years | $15,000 |
| Hawaii | 6 years | 6 years | $5,000 |
| Idaho | 5 years | 4 years | $15,000 |
| Illinois | 10 years | 5 years | $10,000 |
| Indiana | 10 years | 6 years | $10,000 |
| Iowa | 10 years | 5 years | $6,500 |
| Kansas | 5 years | 3 years | $10,000 |
| Kentucky | 10 years | 5 years | $2,500 |
| Louisiana | 10 years | 10 years | $5,000 |
| Maine | 6 years | 6 years | $10,000 |
| Maryland | 3 years | 3 years | $5,000 |
| Massachusetts | 6 years | 6 years | $7,000 |
| Michigan | 6 years | 6 years | $7,000 |
| Minnesota | 6 years | 6 years | $20,000 |
| Mississippi | 3 years | 3 years | $3,500 |
| Missouri | 10 years | 5 years | $5,000 |
| Montana | 8 years | 5 years | $7,000 |
| Nebraska | 5 years | 4 years | $7,500 |
| Nevada | 6 years | 4 years | $10,000 |
| New Hampshire | 3 years | 3 years | $10,000 |
| New Jersey | 6 years | 6 years | $5,000 |
| New Mexico | 6 years | 4 years | $10,000 |
| New York | 6 years | 6 years | $10,000 |
| North Carolina | 3 years | 3 years | $10,000 |
| North Dakota | 6 years | 6 years | $15,000 |
| Ohio | 6 years | 4 years | $6,000 |
| Oklahoma | 5 years | 3 years | $10,000 |
| Oregon | 6 years | 6 years | $10,000 |
| Pennsylvania | 4 years | 4 years | $12,000 |
| Rhode Island | 10 years | 10 years | $5,000 |
| South Carolina | 3 years | 3 years | $7,500 |
| South Dakota | 6 years | 6 years | $12,000 |
| Tennessee | 6 years | 6 years | $25,000 |
| Texas | 4 years | 4 years | $20,000 |
| Utah | 6 years | 4 years | $20,000 |
| Vermont | 6 years | 6 years | $10,000 |
| Virginia | 5 years | 3 years | $5,000 |
| Washington | 6 years | 3 years | $10,000 |
| West Virginia | 10 years | 5 years | $20,000 |
| Wisconsin | 6 years | 6 years | $10,000 |
| Wyoming | 10 years | 8 years | $6,000 |