Small claims court is one of the most powerful and underused tools available to ordinary people. It is a court specifically designed so that people without lawyers can resolve disputes involving money — and it is far more accessible than most people realize.
If your landlord kept your security deposit without justification, a contractor did bad work and refuses to refund you, a business owes you money, or someone damaged your property and will not pay — small claims court may be exactly the right tool.
This guide covers how small claims court works in every state, with a full comparison table of dollar limits, fees, and whether you can bring an attorney.
Table of Contents
Open Table of Contents
- What Is Small Claims Court?
- Dollar Limits and Filing Fees: All 50 States
- How to File a Small Claims Case: Step by Step
- What Happens After You Win: Collecting Your Judgment
- Building a Winning Case: Evidence That Matters Most
- What Changed Recently
- Frequently Asked Questions
- Common Small Claims Cases
- Tools and Templates
- Find Your State’s Small Claims Court Guide
- Related Guides
What Is Small Claims Court?
Small claims court is a special division of your state’s civil court system designed to handle relatively low-dollar disputes quickly and without the complexity of regular civil litigation. You do not need a lawyer. Many states do not even allow attorneys to represent parties in small claims. The process is simpler, the fees are lower, and cases typically resolve within weeks to a few months.
What you can sue for: Any claim for money damages — unpaid wages, security deposit disputes, property damage, contract breaches, consumer fraud, car accidents, personal loans, bad contractor work, and much more.
What you cannot sue for: Small claims court can only award money. It cannot order someone to do something (like make repairs) or handle family law, bankruptcy, or criminal matters. For non-monetary relief, you need a different court.
Who can be sued: Individuals, businesses, landlords, contractors — anyone with a legal obligation to pay you money. You must serve them within your state’s jurisdiction.
Dollar Limits and Filing Fees: All 50 States
The most important variable before filing is your state’s jurisdictional limit — the maximum amount you can sue for. If your claim exceeds the limit, you can either sue for the maximum and waive the rest, or file in a higher court (regular civil court, which is more complex and expensive).
Tip: Filing fees are typically added to your judgment if you win, so the defendant pays them in most states.
| State | Court Name | Dollar Limit | Filing Fee | Attorneys Allowed? |
|---|---|---|---|---|
| Alabama | Small Claims Court | $6,000 | $76–$186 | Yes |
| Alaska | Small Claims Court | $10,000 | $30–$100 | Yes |
| Arizona | Justice of the Peace Court | $3,500 | $28–$143 | No |
| Arkansas | Small Claims Division | $5,000 | $65–$75 | No |
| California | Small Claims Court | $12,500 (individuals) | $30–$100 | No |
| Colorado | Small Claims Court | $7,500 | $31–$55 | No |
| Connecticut | Small Claims Court | $5,000 | $95 | No |
| Delaware | Justice of the Peace Court | $25,000 | $50–$150 | Yes |
| Florida | County Court | $8,000 | $55–$300 | Yes |
| Georgia | Magistrate Court | $15,000 | $45–$60 | Yes |
| Hawaii | Small Claims Division | $5,000 | $35 | No |
| Idaho | Small Claims Court | $5,000 | $33–$81 | No |
| Illinois | Small Claims Court | $10,000 | $76–$230 | Yes |
| Indiana | Small Claims Court | $10,000 | $35–$100 | Yes |
| Iowa | Small Claims Court | $6,500 | $95 | Yes |
| Kansas | Small Claims Court | $4,000 | $42–$55 | No |
| Kentucky | Small Claims Division | $2,500 | $50–$60 | No |
| Louisiana | City/Justice of the Peace Court | $5,000 | $75–$100 | Yes |
| Maine | Small Claims Court | $6,000 | $50 | Yes |
| Maryland | District Court | $5,000 | $34–$70 | Yes |
| Massachusetts | Small Claims Session | $7,000 | $40–$150 | No |
| Michigan | Small Claims Division | $7,000 | $30–$70 | No |
| Minnesota | Conciliation Court | $15,000 | $75–$130 | No |
| Mississippi | Justice Court | $3,500 | $35–$90 | Yes |
| Missouri | Small Claims Court | $5,000 | $32–$100 | No |
| Montana | Justice Court | $7,000 | $30–$70 | No |
| Nebraska | Small Claims Court | $3,600 | $47 | No |
| Nevada | Small Claims Court | $10,000 | $30–$85 | No |
| New Hampshire | Small Claims Court | $10,000 | $90–$120 | Yes |
| New Jersey | Special Civil Part | $5,000 ($20,000 deposit disputes) | $35 | Yes |
| New Mexico | Magistrate Court | $10,000 | $25–$66 | Yes |
| New York | Small Claims Court | $10,000 | $15–$20 | Limited |
| North Carolina | Magistrate Court | $10,000 | $96 | Yes |
| North Dakota | Small Claims Court | $15,000 | $10–$80 | No |
| Ohio | Small Claims Court | $6,000 | $30–$100 | Yes |
| Oklahoma | Small Claims Court | $10,000 | $55–$65 | No |
| Oregon | Small Claims Court | $10,000 | $52–$95 | No |
| Pennsylvania | Magisterial District Court | $12,000 | $38–$70 | Yes |
| Rhode Island | Small Claims Court | $2,500 | $70–$100 | No |
| South Carolina | Magistrate Court | $7,500 | $80 | Yes |
| South Dakota | Small Claims Court | $12,000 | $20–$60 | Yes |
| Tennessee | General Sessions Court | $25,000 | $97–$170 | Yes |
| Texas | Justice of the Peace Court | $20,000 | $46–$100 | Yes |
| Utah | Small Claims Court | $11,000 | $60–$185 | No |
| Vermont | Small Claims Court | $5,000 | $75–$150 | No |
| Virginia | General District Court | $25,000 | $26–$67 | Yes |
| Washington | Small Claims Court | $10,000 | $14–$50 | No |
| West Virginia | Magistrate Court | $10,000 | $30–$60 | Yes |
| Wisconsin | Small Claims Court | $10,000 | $94–$124 | No |
| Wyoming | Circuit Court | $6,000 | $21–$60 | No |
When Does the Dollar Limit Not Apply?
In a few states, special categories of claims have higher limits. New Jersey allows security deposit claims up to $20,000 in its Special Civil Part regardless of the standard $5,000 cap. Tennessee’s General Sessions Court handles up to $25,000 for most civil claims. Check your state’s full guide for exceptions.
How to File a Small Claims Case: Step by Step
Step 1 — Confirm you are in the right court. Is your claim for money damages? Is the amount within your state’s jurisdictional limit? Can you serve the defendant within your state? If yes to all three, you are in the right place.
Step 2 — Send a formal demand letter first. Send a written demand to the other party before filing. Many courts require this, and it often resolves the dispute without litigation. Your letter should state what they owe, why, and a deadline — typically 10 to 14 days — to pay before you file suit. Send it by email (for a timestamp) and certified mail (for proof of delivery). See our demand letter templates for guidance.
Step 3 — File your claim. Go to your local small claims court (usually your county courthouse) or file online if your state allows it. Bring: your demand letter and proof of mailing, a description of your claim, the defendant’s full legal name and address, and the filing fee. The court will assign a hearing date — typically 30 to 70 days out.
Step 4 — Serve the defendant. The other party must be officially notified of the lawsuit. Depending on your state, service may be handled by the court clerk, the sheriff’s office, certified mail, or a process server. Improper service can get your case dismissed — confirm your state’s requirements before the hearing date.
Step 5 — Organize your evidence. Gather everything that supports your claim: written contracts, receipts, invoices, photos, text messages, emails, bank statements, inspection reports. Organize it chronologically. Prepare a one-page written timeline of events — judges in small claims courts see many cases per day and appreciate clarity.
Step 6 — Attend the hearing. Arrive early. Dress professionally. Be concise and factual — the judge has heard every kind of case. Present your evidence methodically. Do not interrupt the other party. Bring at least three copies of every document: one for the judge, one for the other party, and one for yourself.
Step 7 — Receive your judgment. The judge may rule from the bench or mail you a written decision within a few days. If you win, you receive a judgment for the amount awarded plus court costs in most states.
What Happens After You Win: Collecting Your Judgment
Winning a judgment and getting paid are two different things. If the other party does not pay voluntarily, you must enforce the judgment. This is often the hardest part.
Wage garnishment: File the judgment with your local court and apply for a writ of garnishment. The court orders the defendant’s employer to withhold a portion of each paycheck — typically 25% of disposable earnings — until the judgment is paid. This is the most reliable collection method if the defendant is employed.
Bank levy: Obtain a writ of execution and direct it to the defendant’s bank. The bank freezes funds in the account and turns them over to the court to satisfy the judgment. You need to know which bank the defendant uses.
Property lien: Record the judgment as a lien against any real estate the defendant owns. The lien must be paid when they sell or refinance. This is passive but effective for defendants who own property.
Till tap / keeper: In some states, you can send a sheriff or marshal to collect cash directly from a business’s cash register. Primarily useful for businesses, not individuals.
Practical tip before filing: Consider whether the person you are suing can actually pay. A judgment against someone with no income, no bank account, and no property may be legally valid but practically uncollectable. The legal term is “judgment proof.”
Building a Winning Case: Evidence That Matters Most
The judges who hear small claims cases see hundreds of disputes per year. The single biggest factor separating winners from losers is documentation. These are the most persuasive types of evidence:
Written contracts and agreements. Even a text message exchange that clearly establishes an agreement — “I’ll pay you $800 to fix the fence by Friday” — is a contract. Screenshot every relevant communication.
Photographs and videos with timestamps. Date-stamped photos of damage, defective work, or property conditions carry enormous weight. Take them at the time of the incident, not after the lawsuit is filed.
Receipts and invoices. If you paid for something or paid to fix damage someone else caused, keep every receipt. Estimates from contractors corroborate the dollar amount of your claim.
The demand letter. Showing that you gave the defendant a fair chance to resolve the dispute before filing — and they refused — makes you look reasonable and the defendant unreasonable.
Witness statements or testimony. If someone witnessed the relevant events, ask them to attend the hearing or provide a signed, dated written statement. Witnesses should describe what they personally observed, not conclusions or opinions.
What Changed Recently
California: Effective January 2024, the filing fee structure was updated for claims over $10,000. The state also expanded the online filing system to additional counties.
Texas: The filing fee cap for Justice of the Peace courts was increased modestly in 2023. Texas small claims jurisdiction was expanded to $20,000 in 2021 — a significant increase from the previous $10,000 cap.
Colorado: Effective 2023, the small claims limit increased from $7,500 to $7,500 (unchanged) but the court modernized its online filing portal for several judicial districts.
Virginia: The General District Court limit was increased to $25,000 in 2021, making it one of the most plaintiff-friendly small claims environments in the country for moderate-value disputes.
Florida: The county court small claims limit increased from $5,000 to $8,000 effective July 2023.
We update this section quarterly. Last updated: March 2026.
Frequently Asked Questions
What happens if the defendant doesn’t show up to small claims court? If the defendant fails to appear at a properly noticed hearing, the judge will typically grant a default judgment in your favor for the amount you requested (up to the jurisdictional limit). You still need to present basic evidence that supports your claim — the judge will not automatically award everything you asked for without any showing of merit. Once you have the default judgment, collection proceeds the same way as any other judgment.
Can you sue a landlord in small claims court? Yes, and it is one of the most common small claims cases. You can sue a landlord for wrongfully withheld security deposits, failure to make required repairs (if you had to pay for them yourself), illegal lockouts, return of prepaid rent, and other monetary damages. Make sure your claim is within your state’s dollar limit. See our tenant rights guide for landlord-specific context.
Do I need a lawyer for small claims court? In most states, lawyers are not permitted to represent parties in small claims court — the whole point of the system is that it is designed for non-lawyers. Even in states that allow attorneys, most plaintiffs represent themselves. The forms are straightforward, the judge will guide the proceeding, and your preparation (organized evidence, clear timeline) matters far more than legal expertise.
How long does small claims court take? From filing to hearing is typically 30 to 90 days depending on the court’s docket. The hearing itself usually lasts 15 to 30 minutes. If the judge rules from the bench, you have a result the same day. Collection after winning can take additional weeks or months depending on whether the defendant pays voluntarily.
What happens if you lose in small claims court? Most states allow you to appeal a small claims decision to a higher court within a set period (typically 30 days). The appeal may result in a full new trial (de novo review) or a review of legal errors only, depending on the state. Filing an appeal usually requires a higher fee and means giving up the speed advantage of small claims. Carefully evaluate whether the amount at stake justifies an appeal.
Can you sue for emotional distress in small claims court? Small claims courts can only award monetary damages for financial losses — they generally cannot award damages for emotional distress, pain and suffering, or punitive damages. If your claim is primarily for emotional distress, small claims is not the right forum. However, if a bad actor’s conduct also caused you provable financial losses, you can sue for those losses in small claims while separately noting the conduct.
What evidence do I need for small claims court? At minimum: documentation of the agreement or obligation (contract, invoice, text messages), proof of your financial loss (receipts, bank statements, photos), your demand letter and proof you sent it, and a clear written timeline. Bring three copies of everything.
How do I collect after winning a small claims judgment? If the defendant does not pay within 30 days of judgment, your options are wage garnishment, bank levy, property lien, or a till tap/keeper order. Each requires filing additional paperwork with the court and a small additional fee. The court clerk can explain the forms required in your jurisdiction. Your judgment typically earns interest at the statutory rate until paid.
Common Small Claims Cases
Security deposit disputes are the most common tenant-related small claims case. If your landlord kept your deposit without proper itemization or beyond the statutory return deadline, small claims court is your fastest path to recovery. See our full security deposit guide and find your state’s security deposit laws.
Unpaid wages including failure to pay the final paycheck after termination are frequently handled in small claims. Most states also have labor board complaint processes that are even simpler.
Contractor disputes — you hired someone, they did bad work or abandoned the job, and they will not return your money. Document everything with photos of the work and written communications about the deficiency.
Car accident damage when the other driver’s insurance company denies or underpays your claim. Sue the at-fault driver directly; if they have insurance, their carrier will typically defend them.
Online purchase fraud where a seller took your money and never delivered. See our guide on online purchase scam rights for the full range of options including chargebacks.
Tools and Templates
- Small Claims Court Checklist — a complete checklist for every stage: before you file, day of hearing, and collecting your judgment
- Security Deposit Demand Letter Template — send a formal demand before filing; required in many states for maximum damages
- Security Deposit Calculator — calculate your exact deadline and maximum recovery by state
Find Your State’s Small Claims Court Guide
- Alabama Small Claims Court — how to file a small claims case in Alabama without a lawyer
- Alaska Small Claims Court — how to file a small claims case in Alaska without a lawyer
- Arizona Small Claims Court — how to file a small claims case in Arizona without a lawyer
- Arkansas Small Claims Court — how to file a small claims case in Arkansas without a lawyer
- California Small Claims Court — how to file a small claims case in California without a lawyer
- Colorado Small Claims Court — how to file a small claims case in Colorado without a lawyer
- Connecticut Small Claims Court — how to file a small claims case in Connecticut without a lawyer
- Delaware Small Claims Court — how to file a small claims case in Delaware without a lawyer
- Florida Small Claims Court — how to file a small claims case in Florida without a lawyer
- Georgia Small Claims Court — how to file a small claims case in Georgia without a lawyer
- Hawaii Small Claims Court — how to file a small claims case in Hawaii without a lawyer
- Idaho Small Claims Court — how to file a small claims case in Idaho without a lawyer
- Illinois Small Claims Court — how to file a small claims case in Illinois without a lawyer
- Indiana Small Claims Court — how to file a small claims case in Indiana without a lawyer
- Iowa Small Claims Court — how to file a small claims case in Iowa without a lawyer
- Kansas Small Claims Court — how to file a small claims case in Kansas without a lawyer
- Kentucky Small Claims Court — how to file a small claims case in Kentucky without a lawyer
- Louisiana Small Claims Court — how to file a small claims case in Louisiana without a lawyer
- Maine Small Claims Court — how to file a small claims case in Maine without a lawyer
- Maryland Small Claims Court — how to file a small claims case in Maryland without a lawyer
- Massachusetts Small Claims Court — how to file a small claims case in Massachusetts without a lawyer
- Michigan Small Claims Court — how to file a small claims case in Michigan without a lawyer
- Minnesota Small Claims Court — how to file a small claims case in Minnesota without a lawyer
- Mississippi Small Claims Court — how to file a small claims case in Mississippi without a lawyer
- Missouri Small Claims Court — how to file a small claims case in Missouri without a lawyer
- Montana Small Claims Court — how to file a small claims case in Montana without a lawyer
- Nebraska Small Claims Court — how to file a small claims case in Nebraska without a lawyer
- Nevada Small Claims Court — how to file a small claims case in Nevada without a lawyer
- New Hampshire Small Claims Court — how to file a small claims case in New Hampshire without a lawyer
- New Jersey Small Claims Court — how to file a small claims case in New Jersey without a lawyer
- New Mexico Small Claims Court — how to file a small claims case in New Mexico without a lawyer
- New York Small Claims Court — how to file a small claims case in New York without a lawyer
- North Carolina Small Claims Court — how to file a small claims case in North Carolina without a lawyer
- North Dakota Small Claims Court — how to file a small claims case in North Dakota without a lawyer
- Ohio Small Claims Court — how to file a small claims case in Ohio without a lawyer
- Oklahoma Small Claims Court — how to file a small claims case in Oklahoma without a lawyer
- Oregon Small Claims Court — how to file a small claims case in Oregon without a lawyer
- Pennsylvania Small Claims Court — how to file a small claims case in Pennsylvania without a lawyer
- Rhode Island Small Claims Court — how to file a small claims case in Rhode Island without a lawyer
- South Carolina Small Claims Court — how to file a small claims case in South Carolina without a lawyer
- South Dakota Small Claims Court — how to file a small claims case in South Dakota without a lawyer
- Tennessee Small Claims Court — how to file a small claims case in Tennessee without a lawyer
- Texas Small Claims Court — how to file a small claims case in Texas without a lawyer
- Utah Small Claims Court — how to file a small claims case in Utah without a lawyer
- Vermont Small Claims Court — how to file a small claims case in Vermont without a lawyer
- Virginia Small Claims Court — how to file a small claims case in Virginia without a lawyer
- Washington Small Claims Court — how to file a small claims case in Washington without a lawyer
- West Virginia Small Claims Court — how to file a small claims case in West Virginia without a lawyer
- Wisconsin Small Claims Court — how to file a small claims case in Wisconsin without a lawyer
- Wyoming Small Claims Court — how to file a small claims case in Wyoming without a lawyer
Related Guides
- Small Claims Court Limits by State — All 50 States Ranked — every state’s 2026 dollar limit, filing fees, and key rules in one table
- Tenant Rights Guide — security deposit disputes are the most common small claims case; know your rights before you file
- Security Deposit Demand Letter Template — send this before you file to give your landlord one last chance to pay
- Small Claims Court Checklist — everything to bring and do before, during, and after your hearing
- Consumer Protection Guide — other legal tools available when you’ve been defrauded or misled
The information on this page is for educational purposes and does not constitute legal advice. Small claims procedures, dollar limits, and fees change frequently. Always verify current rules with your local court clerk or a licensed attorney before filing.