Someone owes you money — an unpaid invoice, a loan that was never returned, a deposit a vendor won't refund. You've called, messaged, and begged. Now you want the law involved. For claims of ₦5 million or below, the Small Claims Court is the fastest formal court route in Nigeria — and you don't need a lawyer to use it.
This guide explains who can use the Small Claims Court, exactly how to file, what it costs, what it can't do, and the one step you must take before filing that most people skip.
What Is the Small Claims Court?
The Small Claims Court is a special track of the Magistrate Court designed for the speedy recovery of debts and liquidated money demands not exceeding ₦5,000,000 (five million naira), excluding interest and costs. Lagos pioneered it in 2018, and it has since spread to many other states — including Ogun, Kano, Edo, Abia, Akwa Ibom, Bauchi, and the FCT.
Its defining features:
- No lawyer required. The process is designed for ordinary people to represent themselves.
- Fast timelines. The practice directions require the court to deliver judgment within 60 days of filing.
- Low filing fees. Fees are a small fraction of what a regular court case costs.
- Simple forms. You file a straightforward complaint form at the registry, not lengthy court pleadings.
Can You Use It? The Eligibility Checklist
Your case qualifies for the Small Claims Court if all of the following are true:
- Your claim is for a liquidated money demand — a specific, calculable amount (a debt, an unpaid invoice, an unreturned deposit), not "damages" for pain or inconvenience
- The amount is ₦5,000,000 or less, excluding interest and costs
- You or the defendant resides or carries on business in the state where you're filing, or the transaction happened there
- You have served a letter of demand on the defendant first (more on this below)
What the Small Claims Court cannot handle
- Rent and possession claims. Recovery of rent, mesne profits, or evicting a tenant must go through the regular tenancy process.
- Unliquidated damages. You can't sue for "emotional distress" or an amount the court has to estimate.
- Claims above ₦5 million. Those go to the regular Magistrate Court or High Court.
- Defendants outside the state. If the person you're suing lives and does business in another state with no connection to yours, you may need to file where they are.
Step-by-Step: How to File a Small Claims Case
Serve a letter of demand first — it's mandatory
Before the registry will accept your case, you must show that you formally demanded payment and gave the debtor time to pay (typically 14 days). Keep proof of delivery — a courier receipt, an acknowledged copy, or WhatsApp/email delivery confirmation. See our full guide on how to write a demand letter in Nigeria, including a free template.
File the complaint form at the Magistrate Court registry
Go to the Small Claims registry in the appropriate judicial division with your completed complaint form, your evidence (invoices, transfer receipts, messages, agreements), and your proof that the demand letter was served. Registry staff will check the requirements and issue a summons.
The defendant is served and has days — not months — to respond
Once served with the summons, the defendant typically has about 6 days to file a defence or counterclaim. If they don't respond, you can ask for judgment in default. If they admit the debt, the court can enter judgment on agreed terms, including an instalment plan.
Attend the hearing — the court moves fast
Hearings are informal by court standards. You present your evidence; the defendant presents theirs. Adjournments are tightly restricted, and the magistrate must deliver judgment within 60 days of filing.
Enforce the judgment
Winning is not the same as being paid. If the debtor still refuses, you enforce through the court — garnishee proceedings against their bank account are the most effective route, because the money is taken directly from the account.
What It Costs and How Long It Really Takes
Filing fees vary by state and claim size but are deliberately modest — typically a few thousand naira. The bigger costs are practical: transport to court, printing, time off work for hearings, and enforcement fees if the debtor doesn't pay voluntarily.
On timing: the 60-day judgment rule is real and mostly respected, but the clock covers the trial only. Add time for serving the defendant (they must be found), possible appeals, and enforcement. A realistic end-to-end expectation is 2–4 months if everything goes smoothly — still remarkably fast compared to the years a regular court case takes.
The Honest Limitations
- The debtor must be reachable. If they can't be physically served within the state, your case stalls before it starts.
- A judgment is not cash. If the debtor has no money in any traceable account, enforcement is slow and frustrating.
- Relationships rarely survive it. Suing a friend, relative, or business partner in court usually ends the relationship — even when you win.
- Not every state has one yet. If your state hasn't adopted the small claims practice directions, you're back to the regular Magistrate Court.
The Faster First Step: Formal Mediation
Here's what experienced debt-recovery lawyers know: most debtors pay when the pressure becomes formal — before any judgment is entered. The demand letter alone settles a large share of cases. A structured mediation settles most of the rest, because the debtor gets a say in the repayment terms and therefore actually honours them.
Mediation also has no ₦5 million cap, no state boundaries (it happens online), and no risk of a hollow judgment — the outcome is a signed settlement agreement, enforceable as a contract, that both sides helped shape. And if the debtor refuses to engage or the mediation fails, you walk into the Small Claims Court with a stronger file: documented proof that you tried every reasonable step.
Try the 7-day route before the 60-day route
File your case on SettleMe. We send the debtor a formal invitation — that alone often triggers payment. A certified mediator facilitates a signed, enforceable repayment agreement. Most cases resolve within 7 days, entirely online.
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Frequently Asked Questions
How much can I claim in a Nigerian Small Claims Court?
Up to ₦5,000,000 (five million naira), excluding interest and costs. Anything above that goes to the regular Magistrate Court or High Court.
Do I need a lawyer?
No. The court was created specifically so ordinary people can represent themselves. You may use a lawyer if you wish, but it isn't required and often isn't cost-effective at this claim size.
How long does it take?
Judgment is required within 60 days of filing. With service and enforcement, expect 2–4 months end to end in a smooth case.
Can I sue for rent or to evict a tenant?
No. Rent recovery and possession claims are expressly excluded. See our guide on legally removing a tenant who refuses to leave.