Small claims against a homeowner: the evidence

You need to show four things: what was agreed, that you did it, that changes were agreed, and what's still unpaid. Bring them in that order, on paper, with copies for the judge and the other side.

It's one of the most-asked questions among contractors: a client won't pay, the amount fits small claims, and the contractor wants to know what to bring. Small claims is built for people without lawyers. Limits run from a few thousand dollars to $25,000 depending on the state, so check your court's website before you file.

What to bring

1. The agreement. The signed contract, or if there isn't one, the estimate, messages and payments that show what you agreed.
2. The changes. Every change order or written approval for work beyond the contract. This is where most contractor claims fall apart: extra work agreed out loud is hard to prove.
3. Proof the work was done. Dated photos, inspection sign-offs, the walkthrough.
4. Proof it was accepted. Sign-offs, messages saying it looked good, the client using the space.
5. The money. Invoices, what was paid and when, and what's left. One page that adds it up.
6. Your attempts to collect. Reminders and the written demand, with dates.

Can you sue without a written contract?

Often yes, but it's harder, and it depends on your state. Many states require home improvement contracts to be in writing. Courts in some of those states still let a contractor recover the reasonable value of work done (a claim called quantum meruit), while others, like Connecticut's Supreme Court in Sidney v. DeVries, have barred it when the written contract the law requires was missing. Ask an attorney in your state before you rely on a handshake.

Put it in order

Judges in small claims have a few minutes per case. A short timeline on one page, with each document behind it in the same order, is worth more than a thick folder. If the client has a counter-complaint about the work, have the photos of that area ready.

This is general information, not legal advice. States differ on what a home improvement contract and its changes must contain. Check with your state’s contractor licensing board or an attorney.