What is Small Claims Court?
Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal, lawyers are generally not required, and trials usually occur within 30-90 days of filing. It's designed for individuals and businesses to resolve minor disputes without the complexity and cost of regular court proceedings.
Advantages of Small Claims Court:
- Lower filing fees ($30-200 vs. $300+ for regular court)
- No attorney required (saves thousands in legal fees)
- Faster resolution (30-90 days vs. 1-2 years)
- Simpler procedures and forms
- Evening and weekend sessions available in some courts
Small Claims Limits by State (2025)
| State | Maximum Limit | Filing Fee Range | Lawyers Allowed? | Appeals Allowed? |
|---|---|---|---|---|
| Alabama | $6,000 | $55-95 | Yes | Yes |
| Alaska | $10,000 | $90-110 | Yes | Yes |
| Arizona | $3,500 | $35-80 | Yes | No |
| Arkansas | $5,000 | $65 | Yes | Yes |
| California | $12,500 | $30-100 | Yes | Limited |
| Colorado | $7,500 | $55 | Yes | Yes |
| Connecticut | $5,000 | $90 | With permission | No |
| Delaware | $25,000 | $35-100 | Yes | Yes |
| Florida | $8,000 | $55-100 | Yes | Yes |
| Georgia | $15,000 | $45-100 | Yes | Yes |
| Hawaii | $5,000 | $35 | Yes | No |
| Idaho | $5,000 | $71-221 | Yes | No |
| Illinois | $10,000 | $75-140 | Yes | Yes |
| Indiana | $10,000 | $90-135 | Yes | Yes |
| Iowa | $6,500 | $95 | Yes | Yes |
| Kansas | $4,000 | $65-200 | Yes | Yes |
| Kentucky | $2,500 | $35-65 | Yes | Yes |
| Louisiana | $5,000 | $125-225 | Yes | No |
| Maine | $6,000 | $55-80 | Yes | Yes |
| Maryland | $5,000 | $34-60 | Yes | Yes |
| Massachusetts | $7,000 | $40-100 | Yes | Yes |
| Michigan | $7,000 | $45-70 | No | No |
| Minnesota | $15,000 | $65-85 | Yes | Yes |
| Mississippi | $3,500 | $75-100 | Yes | Yes |
| Missouri | $5,000 | $35-50 | Yes | Yes |
| Montana | $7,000 | $30-40 | No | Yes |
| Nebraska | $3,600 | $27-55 | No | Yes |
| Nevada | $10,000 | $71-100 | Yes | Yes |
| New Hampshire | $10,000 | $90-125 | Yes | Yes |
| New Jersey | $5,000 | $54-200 | Yes | Limited |
| New Mexico | $10,000 | $35-85 | Yes | Yes |
| New York | $10,000 | $15-20 | Yes | Yes |
| North Carolina | $10,000 | $96-200 | Yes | Yes |
| North Dakota | $15,000 | $30-40 | Yes | Yes |
| Ohio | $6,000 | $45-85 | Yes | Yes |
| Oklahoma | $10,000 | $58-150 | Yes | Yes |
| Oregon | $10,000 | $50-100 | Yes | No |
| Pennsylvania | $12,000 | $53-110 | Yes | Yes |
| Rhode Island | $5,000 | $100 | Yes | No |
| South Carolina | $7,500 | $80-150 | Yes | Yes |
| South Dakota | $12,000 | $35-70 | Yes | Yes |
| Tennessee | $25,000 | $165-260 | Yes | Yes |
| Texas | $20,000 | $41-89 | Yes | Yes |
| Utah | $15,000 | $60-185 | Yes | Yes |
| Vermont | $5,000 | $90-125 | Yes | Yes |
| Virginia | $5,000 | $58-112 | Yes | Yes |
| Washington | $10,000 | $35-75 | No | No |
| West Virginia | $10,000 | $25-50 | Yes | Yes |
| Wisconsin | $10,000 | $94.50-200 | Yes | Yes |
| Wyoming | $6,000 | $25-70 | Yes | Yes |
Types of Cases for Small Claims Court
✅ Appropriate for Small Claims:
- Unpaid debts and loans
- Property damage (car accidents, home damage)
- Security deposit disputes
- Breach of contract
- Bad checks
- Unpaid rent
- Defective product or service disputes
- Minor personal injury claims
❌ Not Appropriate for Small Claims:
- Divorce or family law matters
- Criminal cases
- Traffic tickets
- Federal agency disputes
- Bankruptcy matters
- Cases seeking injunctive relief
- Libel or slander (in most states)
- Cases against the federal government
Small Claims Court Process
Step 1: Determine Eligibility
Verify your claim amount is within the limit, the defendant can be served in the jurisdiction, and you're within the statute of limitations.
Step 2: Attempt Resolution
Many courts require attempting to resolve the dispute before filing. Send a demand letter requesting payment or resolution.
Step 3: File Your Claim
Complete the complaint form, pay the filing fee, and file at the appropriate courthouse (usually where defendant lives or incident occurred).
Step 4: Serve the Defendant
Have the defendant formally notified through certified mail, sheriff, or process server. Proof of service must be filed with court.
Step 5: Prepare Your Case
Gather evidence: contracts, receipts, photos, correspondence, witness statements. Organize chronologically and make copies.
Step 6: Attend the Hearing
Present your case clearly and concisely. Bring all evidence and witnesses. Be respectful to the judge.
Step 7: Collect Your Judgment
If you win, the court doesn't collect for you. You may need to use wage garnishment, bank levies, or property liens.
Tips for Success in Small Claims Court
Before Filing:
- Calculate exact damages including interest and costs
- Research if defendant has assets to pay judgment
- Consider mediation as an alternative
- Make sure you sue the right party (individual vs. business entity)
Evidence to Gather:
- Written contracts or agreements
- Receipts and invoices
- Photographs of damage
- Email and text message exchanges
- Witness contact information
- Expert estimates for repairs
- Medical records (for injury claims)
At the Hearing:
- Dress professionally
- Arrive early
- Be organized and concise
- Speak only to the judge
- Stick to facts, not emotions
- Bring extra copies of everything
- Don't interrupt the other party
Frequently Asked Questions
Do I need a lawyer for small claims court?
Generally no. Small claims court is designed for self-representation. Some states don't allow lawyers, while others permit them. Even where allowed, the cost of a lawyer often exceeds the claim amount.
What if my claim exceeds the small claims limit?
You can either: (1) Reduce your claim to the maximum limit (waiving the excess), (2) Split the claim if based on separate transactions, or (3) File in regular civil court with higher costs and complexity.
Can businesses use small claims court?
Yes, in most states businesses can sue and be sued in small claims court. Some states limit the number of claims businesses can file annually.
How long do I have to file a small claims case?
This depends on your state's statute of limitations and the type of claim. Generally: personal injury (1-6 years), property damage (2-6 years), contracts (3-10 years), bad checks (1-3 years).
What if the defendant doesn't show up?
You'll likely win by default if the defendant was properly served and doesn't appear. However, the defendant may be able to request the judgment be set aside if they had a valid reason for missing court.