{"id":368991,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/how-do-i-file-a-small-claims-court-lawsuit.html"},"modified":"2025-02-04T12:15:50","modified_gmt":"2025-02-04T17:15:50","slug":"how-do-i-file-a-small-claims-court-lawsuit","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/how-do-i-file-a-small-claims-court-lawsuit.html","title":{"rendered":"How Do I File a Small Claims Court Lawsuit?"},"content":{"rendered":"\n
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How Do I File a Small Claims Court Lawsuit?<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Are you looking to resolve a financial dispute without getting tangled in the complex legal process of a court hearing? Check if your case qualifies for small claims court.<\/p>\r\n

This legal process is a cost-effective way to resolve financial disputes of relatively small amounts. Whether you are looking for payment of an unpaid debt, compensation for damaged property, or other monetary claims, small claims court offers a straightforward approach.<\/p>\r\n

This article will give you a comprehensive overview of filing a case in small claims court.<\/p>\r\n

What Is a Small Claims Court?<\/h2>\r\n

Small Claims courts handle minor civil disputes among parties. They provide a straightforward and cost-effective way to settle disputes involving modest sums. Cases heard in small claims court are less formal and often involve money judgment. These cases do not need a jury trial<\/a>, leaving a judge or a magistrate to decide.<\/p>\r\n

Parties involved in small claims cases usually argue independently without legal representation. They may bring witnesses to support their claims and can also submit different forms of evidence. But the legal proceedings in small claims courts are more simplified than those in regular trial courts. So, proceedings in small claims courts often move faster than regular cases in trial court. This ensures that small claims courts are accessible to everyone.<\/p>\r\n

Who Can File a Case in Small Claims Court?<\/h2>\r\n

Any person 18 and older can file a case in small claims court. If the person suing is younger than 18, a parent or guardian can file the case.<\/p>\r\n

Procedure for Filing Small Claims Court Lawsuit<\/h2>\r\n

The general procedure for filing small claims cases is as follows:<\/p>\r\n

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  1. Know the amount of money involved in the claim.<\/b> It is important to learn the amount of money involved in the claim. Each state has a dollar limit on how much you can file in a small claims court.<\/li>\r\n
  2. Prepare for your claim.<\/b> You have to draft a statement of claim that outlines the facts and details of your case. The complaint describes the defendant’s alleged conduct and the amount of money you believe the defendant owes you.<\/li>\r\n
  3. File your claim. <\/b>You must file your claim with the county where the defendant lives or where at least one party lives. If it is a business, the place of business or the registered location of the office is the place of residence.<\/li>\r\n
  4. Pay for the required filing fees and court costs. <\/b>Your small claims court clerk can tell you more about the filing fees and court costs.<\/li>\r\n
  5. Serve the summons and notice to appear to the defendant. <\/b>After filing your claim, you must ensure you serve summons to every entity or person involved in the case. The summons often contains the nature of the claim, the scheduled court date and time, and the court location.<\/li>\r\n
  6. Attend the pretrial conference. <\/b>The court may ask you and the defendant to attend a pretrial conference.<\/li>\r\n
  7. Prepare for counterclaims.<\/b> Once you file the complaint with the court, you must arrange for the defendant to get a copy of it in a way that complies with state law. The defendant has a certain number of days to answer the complaint or risk default. In Arizona<\/a>, for example, defendants have 20 days to answer a plaintiff’s complaint.<\/li>\r\n
  8. Collect money judgment.<\/b> If the court rules in your favor, you can collect the money judgment. But remember that the court will not collect the money on your behalf. You have to enforce the judgment and collect the money owed. Contact an attorney<\/a> for legal advice on how to collect the judgment.<\/li>\r\n<\/ol>\r\n

    Remember that the procedure of filing a small claims case depends on the state or county where you are filing your claim. Since rules vary from state to state and sometimes among counties, check your local court procedures before pursuing a small claims court lawsuit.<\/p>\r\n

    What Is the Maximum Amount of Money You Can Sue for in Small Claims Court?<\/h2>\r\n

    While all states have small claims courts, they are sometimes called magistrate courts, justice of the peace courts, or pro se courts. Only civil complaints involving relatively small amounts of money may go before a small claims court. But "small" is a relative term, and monetary limits vary from state to state. The following is a selection of state limits for small claims:<\/p>\r\n

    The maximum amount of money you can claim in small claims court may vary in every state.<\/p>\r\n\r\n
    State<\/th>\r\nClaim Limit<\/th>\r\n<\/tr>
    Alabama<\/a><\/th>\r\n$6,000<\/td>\r\n<\/tr>
    Alaska<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    Arizona<\/a><\/th>\r\n$3,500<\/td>\r\n<\/tr>
    Arkansas<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    California<\/a><\/th>\r\n$10,000 for individuals. But, the courts bar the plaintiff from filing a claim of $2,500 and above twice every year. For businesses or local public entities, the dollar limit is $5,000. For suits by a person against a guarantor, it is $6,500. Until Feb. 1, 2025, small claims court may hear claims about COVID-19 rental debt regardless of the amount. Note that the limit of two cases yearly does not apply to COVID-related rental debt.<\/td>\r\n<\/tr>
    Colorado<\/a><\/th>\r\n$7,500<\/td>\r\n<\/tr>
    Connecticut<\/a><\/th>\r\n$5,000. For penalties related to security deposits, it can be more than $5,000. For home improvement contracts, $15,000.<\/td>\r\n<\/tr>
    Delaware<\/a><\/th>\r\n$25,000<\/td>\r\n <\/td>\r\n<\/tr>
    <\/a>District of Columbia<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    <\/a>Florida<\/a><\/th>\r\n$8,000<\/td>\r\n<\/tr>
    <\/a>Georgia<\/a><\/th>\r\n$15,000. There is no dollar limit for eviction cases.<\/td>\r\n<\/tr>
    <\/a>Hawaii<\/a><\/th>\r\n$5,000. There is no dollar limit for cases involving security deposits on residential properties. The property’s value should not exceed $5,000 to reclaim rented or leased personal property.<\/td>\r\n<\/tr>
    <\/a>Idaho<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    <\/a>Illinois<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    <\/a>Indiana<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    <\/a>Iowa<\/a><\/th>\r\n$6,500<\/td>\r\n<\/tr>
    <\/a>Kansas<\/a><\/th>\r\n$4,000<\/td>\r\n<\/tr>
    <\/a>Kentucky<\/a><\/th>\r\n$2,500<\/td>\r\n<\/tr>
    <\/a>Louisiana<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    Maine<\/a><\/th>\r\n$6,000<\/td>\r\n<\/tr>
    Maryland<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    Massachusetts<\/a><\/th>\r\n$7,000. There are no dollar limits on property damage resulting from vehicular accidents, statutory damages, awards for legal fees, and damages under Consumer Protection Laws.<\/td>\r\n<\/tr>
    Michigan<\/a><\/th>\r\n$7,000<\/td>\r\n<\/tr>
    Minnesota<\/a><\/th>\r\n$15,000. For claims related to consumer credit transactions, the dollar limit is $4,000<\/td>\r\n<\/tr>
    Mississippi<\/a><\/th>\r\n$3,500<\/td>\r\n<\/tr>
    Missouri<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    Montana<\/a><\/th>\r\n$7,000<\/td>\r\n<\/tr>
    Nebraska<\/a><\/th>\r\n$3,900 from July 1, 2020, through June 30, 2025. The amount is subject to change every five years to adjust to the Consumer Price Index.<\/td>\r\n<\/tr>
    Nevada<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    New Hampshire<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    New Jersey<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    New Mexico<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    New York<\/a><\/th>\r\n$10,000 in New York City. $5,000 in Nassau and Western Suffolk County and city courts except for New York City. $3,000 in Eastern Suffolk County, village, and town courts.<\/td>\r\n<\/tr>
    North Carolina<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    North Dakota<\/a><\/th>\r\n$15,000<\/td>\r\n<\/tr>
    Ohio<\/a><\/th>\r\n$6,000<\/td>\r\n<\/tr>
    Oklahoma<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    Oregon<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    Pennsylvania<\/a><\/th>\r\n$12,000<\/td>\r\n<\/tr>
    Rhode Island<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    South Carolina<\/a><\/th>\r\n$7,500<\/td>\r\n<\/tr>
    South Dakota<\/a><\/th>\r\n$12,000<\/td>\r\n<\/tr>
    Tennessee<\/a><\/th>\r\n$25,000. There is no dollar limit for eviction cases or those involving personal property recovery.<\/td>\r\n<\/tr>
    Texas<\/a><\/th>\r\n$20,000<\/td>\r\n<\/tr>
    Utah<\/a><\/th>\r\n$11,000<\/td>\r\n<\/tr>
    Vermont<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    Virginia<\/a><\/th>\r\n$5,000<\/td>\r\n<\/tr>
    Washington<\/a><\/th>\r\n$10,000 for cases brought by natural persons. $5,000 for all other cases<\/td>\r\n<\/tr>
    West Virginia<\/a><\/th>\r\n$10,000<\/td>\r\n<\/tr>
    Wisconsin<\/a><\/th>\r\n$10,000 no dollar limit for eviction cases<\/td>\r\n<\/tr>
    Wyoming<\/a><\/th>\r\n$6,000<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

    Check your state laws for exclusions or special rules.<\/p>\r\n

    Statutes of Limitations and Self-Representation<\/h3>\r\n

    As with other legal actions, small claims are subject to a statute of limitations. This means you must file your claim within a certain period after the alleged incident. Texas has a two-year statute of limitations for small claims, while Massachusetts allows small claims within three years of the alleged incident.<\/p>\r\n

    Check your state law for court rules about the statute of limitations for filing small claims cases.<\/p>\r\n

    Can I Represent Myself in a Small Claims Suit?<\/h2>\r\n

    Most claimants represent themselves in small claims court cases. Some state courts or counties also prohibit lawyers from appearing during court hearings. For instance, a litigant may have an attorney during a small claims hearing in Florida<\/a>. In California<\/a>, you can’t have a lawyer represent your case. Check your local court’s rules if you want an attorney to represent your small claims case.<\/p>\r\n

    Seek Legal Advice<\/h2>\r\n

    If you are feeling overwhelmed by the details of filing a lawsuit in small claims court, it might be best to talk to a litigation attorney<\/a>. Whether you are the person getting sued or the person suing, the legal services of an experienced litigation attorney<\/a> will help. Contact one near you to get personalized guidance.<\/p>\r\n

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