Connecticut Small Claims for Unpaid Invoices: Suing a Business That Won't Pay

When an Invoice Goes Unpaid

You did the work, sent the invoice, followed up — and nothing. For freelancers, sole traders, and small business owners in Connecticut, an unpaid invoice under $5,000 is exactly what small claims court was built to handle.

The $95 filing fee is a fraction of what you'd spend on an attorney, and most unpaid invoice cases are straightforward enough that you don't need one.

Finding the Correct Legal Name

This is where unpaid invoice cases succeed or fail. Your writ (Form JD-CV-40) must name the exact legal entity that owes you money — not their marketing name, not their website domain, not what they printed on their business card.

For LLCs and corporations: Search the Connecticut Secretary of the State business registry at business.ct.gov. Enter the company name and look for their registered entity name and registered agent address. "Joe's Web Design" might legally be "Joseph Rivera Digital LLC" or "Rivera Design Inc."

For sole proprietors using a trade name: The individual owner is your defendant, not the trade name. Check trade name certificates at the Town Clerk's office in the town where the business operates. Your writ names the person: "Joseph Rivera d/b/a Joe's Web Design."

For out-of-state businesses: Small claims cases against out-of-state business organizations must be served by a proper officer. Follow Form JD-CV-122 for the required service details. An out-of-state individual generally cannot be sued in Connecticut small claims unless that person owns property in Connecticut.

Getting the entity name wrong doesn't just risk dismissal — it can make a judgment unenforceable even if you win.

What You Need to Prove

An unpaid invoice claim is a breach of contract case. You need to show:

1. An agreement existed. A signed contract is ideal, but emails confirming the work scope and price, purchase orders, or even text messages can establish an oral agreement.
2. You performed your end. Invoices, delivery confirmations, signed work orders, project files, timestamps showing when you completed deliverables.
3. You billed the correct amount. The invoice itself, tied back to the agreed price.
4. They didn't pay. Your accounting records, payment reminders sent, and any response (or lack of response) from the client.

Statute of Limitations

Written contract claims have a 6-year filing deadline (CGS § 52-576). Oral agreements where neither side fully performed carry a 3-year deadline (CGS § 52-581) — but if you already completed the work, most Connecticut courts apply the 6-year period because one side has fully performed.

For sales of goods, the UCC gives you 4 years from delivery (CGS § 42a-2-725).

The Filing Process

1. Send a demand letter by certified mail. Not required for a basic contract claim, but it often prompts payment and creates evidence of your good-faith attempt to resolve things.
2. Complete Form JD-CV-40 with the defendant's verified legal name and attach copies of the contract, invoices, and communications.
3. Serve the defendant before filing by priority mail with delivery confirmation, certified mail with return receipt requested, a nationally recognized courier with delivery confirmation, or a proper officer such as a State Marshal. Include JD-CV-121 (Instructions to Defendant).
4. After receiving the proof for your selected method, complete JD-CV-123 (Statement of Service).
5. File the writ, JD-CV-123, and proof of service with the proper court. Pay the $95 entry fee; service costs are separate.

Pre-Judgment Interest

Under CGS § 37-3a, the magistrate can award interest up to 10% per annum for the wrongful detention of money owed. Interest runs from the date the payment became due — the invoice due date, not the date you filed. It's not automatic; you need to request it and show when the money was first owed.

On a $4,500 invoice that's a year overdue, that's potentially $450 in interest on top of the principal.

The Connecticut Small Claims Filing Guide includes an entity verification worksheet and evidence checklist tailored to unpaid invoice claims.

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