Small Claims Court by State

What small claims court is — and when it is the right tool

Small claims court is a simplified civil court (or, in many states, a simplified procedure inside the regular trial court) for money disputes below a fixed dollar ceiling. The rules of evidence are relaxed, there is no jury, hearings are short, and the judge expects to hear from you directly rather than from a lawyer. The trade-off is the cap: you cannot recover more than your state's limit, and most small claims courts only award money — they generally cannot order someone to do or stop doing something.

Typical cases are exactly the ones people give up on because a lawyer would cost more than the claim: a landlord who kept a security deposit, a contractor who took a deposit and never showed up, a customer who never paid an invoice, a car sold with an undisclosed defect, a friend who never repaid a loan, or property damaged by a neighbor. If your dispute is about money, the amount fits under the cap, and you can show what happened with documents, small claims is usually the right venue.

It is the wrong tool when you need something other than money (an injunction, a divorce, an eviction — several states route evictions to a separate docket), when the amount is far above the cap and you do not want to waive the difference, or when the defendant has no income or assets to collect from. A judgment is only a piece of paper until it is collected.

What a small claims filing must include

Every state uses its own form (usually called a statement of claim, complaint, or plaintiff's claim), but they all ask for the same core facts. Getting each one right matters because a defect in the paperwork is the most common reason a case is dismissed or delayed before the judge ever hears the merits.

• The correct legal name of the defendant. Sue the person or entity that actually owes you. If it is a business, use its registered name (and, where the form asks, its owner or registered agent), because a judgment against the wrong name may be uncollectible.
• An address where the defendant can be served. The court must deliver the papers to the defendant in a legally valid way. Without a good address there is no case.
• The amount you are claiming, and how you calculated it. Itemize: the unpaid invoice, the deposit withheld, the repair estimate. Judges award what you can prove, not a round number. Interest, court costs, and in some states statutory penalties may be added on top of the base claim — the limit usually excludes those, but the exact rule varies by state.
• A short, plain statement of what happened. Who agreed to what, what went wrong, when, and what you did about it. Dates are essential because every claim type has a statute of limitations.
• Why this court is the right one (venue). Generally you file where the defendant lives or does business, or where the contract was made or the damage happened. Filing in the wrong county gets the case transferred or dismissed.
• Your signature under penalty of perjury. Nearly all states have you sign the claim as a sworn statement. That is why exaggerating the amount is a bad idea: it undermines your credibility on the parts that are true.

How to file, step by step

• 1. Send a written demand first. A dated letter stating what you are owed, why, and a deadline to pay. Some courts and claim types require it; all judges appreciate it, and a good share of disputes end here. Use the free demand letter generator, and keep a copy plus proof of mailing.
• 2. Confirm your amount fits the cap. Check the table below. If you are over, decide whether to waive the excess (you generally cannot split one claim into two cases to get under the limit) or file in the regular civil court.
• 3. Get the right form from the right court. The name of the court differs — District Court, Justice Court, Magistrate Court, Conciliation Court, Justice of the Peace — and most state judiciaries publish the form online. Your state page names the court and links the source.
• 4. File and pay the fee. Fees are typically tiered by the amount claimed; many states publish a statewide schedule while others set fees county by county. Fee waivers are available in every state for people who cannot afford them — ask the clerk.
• 5. Serve the defendant. You cannot just hand the papers over yourself in most states. Common methods are certified mail through the clerk, the sheriff or marshal, or a private process server, each with its own cost and deadline. Proof of service must be filed before the hearing.
• 6. Prepare your evidence. Bring three copies of everything: the contract or invoice, photos, texts and emails, receipts, estimates, the demand letter, and a one-page timeline. Witnesses should attend in person.
• 7. Attend the hearing. Be brief, chronological, and specific. If the defendant does not appear you usually win by default; if you do not appear your case is dismissed.

Whether an attorney may appear at the hearing varies by state — see the table and your state page. Notarization is generally not required for the claim form itself; the sworn signature does that job.

Common mistakes that lose winnable cases

• Suing the wrong party. The manager instead of the company, the tenant's roommate instead of the tenant on the lease, a trade name instead of the LLC behind it.
• Missing the statute of limitations. Written contracts, oral agreements, property damage, and personal injury each have different deadlines, and they differ by state. When in doubt, file sooner.
• Claiming a number you cannot document. "About $4,000 in damages" loses to a defendant who brings receipts. Bring your own.
• Bad service. Mailing the papers yourself, serving the wrong address, or missing the service deadline — the hearing gets continued or the case dismissed.
• Skipping the demand letter. It is cheap, it often works, and it answers the first question many judges ask.
• Ignoring collectability. Winning against someone with no wages, no bank account, and no property produces a judgment you may never collect.
• Relying on an old limit. Several states have raised their caps in the last two years; the table below shows the 2026 figure with a statutory cite on each state page.

Related documents

• Demand letter — the written request for payment you send before filing, state by state.
• Small claims limits study — every state's cap ranked and cited, free to reuse.
• Invoice — the document most unpaid-work claims are built on; date it and keep a copy.
• Promissory note — turns a personal loan into a written, enforceable debt.
• Security deposit limits by state — the rules behind the most common tenant small claims case.
• Late rent notice — the landlord's first written step before a rent claim or eviction.
• Bill of sale — the record a private-sale dispute turns on.

Frequently asked questions

Do I need a lawyer for small claims court?

No. Small claims courts are designed for people to represent themselves, and in 12 states (Arizona, Arkansas, California, Colorado, Idaho, Kansas, Michigan, Montana, Nebraska, Oregon, Virginia, Washington) attorney representation at the hearing is restricted or prohibited outright. In the rest, a lawyer is allowed but optional, and for a claim of a few thousand dollars the fee usually costs more than it is worth. Your state page states the rule with its statutory citation.

How much can I sue for in small claims court?

It depends on the state: from $2,500 in Kentucky to $25,000 in Delaware, Tennessee, with a national median of $10,000 (2026 figures, each cited to statute on the state page). If you are owed more, you can either file in the regular civil court or waive the excess and stay in small claims.

Do I have to send a demand letter before suing?

In most states a written demand is not a formal filing requirement, but judges routinely ask whether you tried to resolve the dispute first, and a dated letter with a deadline is the cleanest proof that you did. A few courts and claim types do require a prior written demand, so read your state page. Practically, a demand letter also settles a meaningful share of disputes without a hearing.

How much does it cost to file a small claims case?

Filing fees are modest and usually tiered by the amount claimed — see the table on this page. In 15 states the fee is set by the county or the individual court, so confirm the exact amount with the clerk. Service of process (delivering the papers to the defendant) is almost always an extra charge, and courts generally add the fee and costs to the judgment if you win.

What happens after I win a small claims judgment?

The court does not collect the money for you. If the defendant does not pay voluntarily, you use post-judgment tools such as wage garnishment, a bank levy, or a lien on property — each with its own forms, fees, and state rules. Before filing, it is worth asking whether the defendant has a job, a bank account, or assets you could realistically reach.

Can I appeal a small claims decision?

Often, but not always, and the rules differ sharply by state: some allow either party a fresh trial in the regular court, some allow only the defendant to appeal, and some (Hawaii, for example) allow no appeal at all. Deadlines are short, typically counted in days from the judgment. Check your state judiciary’s small claims rules before you rely on a second chance.