Last reviewed: July 4, 2026 | By US Legal Brain Editorial Team
Small claims court is a simplified court for resolving monetary disputes below a certain dollar threshold. The rules are relaxed, the process is fast, and you don't need a lawyer. In fact, most states prohibit lawyers from representing you in small claims court.
It's designed for regular people to resolve disputes without expensive legal fees. Common cases include: unpaid rent or security deposit disputes, property damage, breach of contract for services, unpaid personal loans, and defective products.
| State | Limit (Individuals) | Limit (Businesses) | Special Rules |
|---|---|---|---|
| California | $12,500 | $6,250 | Plaintiff cannot appeal |
| New York | $5,000 (town) / $10,000 (city) | $5,000 | Night court available |
| Texas | $20,000 | $20,000 | One of the highest limits |
| Florida | $8,000 | $8,000 | Must file where dispute occurred |
| Washington | $10,000 | $5,000 | Can recover attorney fees |
| Pennsylvania | $12,000 | $12,000 | District Justice courts |
| Illinois | $10,000 | $10,000 | Jury trial available |
| Georgia | $15,000 | $15,000 | Magistrate Court |
| Ohio | $6,000 | $6,000 | Must file where defendant lives |
| North Carolina | $10,000 | $10,000 | Magistrate's court |
You cannot file for: Divorce, bankruptcy, guardianship, criminal matters, or claims against the federal government. Evictions usually have their own separate court process.
Before filing, send a formal demand letter to the other party. This shows the judge you tried to resolve the dispute. Include:
Send it by certified mail with return receipt. Keep a copy.
Go to the small claims court in the county where the defendant lives, where the dispute occurred, or where the contract was signed (rules vary by state). Fill out the claim form (e.g., SC-100 in California).
You'll need:
The court will mail the summons to the defendant, or you may need to arrange service. Options:
You need "proof of service" showing the defendant received the papers. If the defendant can't be found, you may need to publish notice in a newspaper.
| Evidence Type | Examples | Bring Copies For |
|---|---|---|
| Written agreements | Contracts, lease, emails, text messages | Judge + defendant (each) |
| Payment records | Receipts, bank statements, Venmo records | Judge + defendant |
| Photos/videos | Damage photos, scene of incident | Judge + defendant |
| Witnesses | People who saw what happened | Have them appear in person |
| Written estimates | Repair quotes, appraisal reports | Judge + defendant |
| Demand letter | Copy of letter + certified mail receipt | Judge + defendant |
The hearing typically lasts 10-15 minutes. Tips for success:
The judge may rule immediately or mail the decision within a few weeks. If you win, the judgment specifies how much the defendant owes and may include court costs and filing fees.
Winning in court doesn't mean you automatically get paid. If the defendant doesn't pay voluntarily, you need to enforce the judgment.
| Method | What It Does | Cost | When to Use |
|---|---|---|---|
| Bank levy | Freezes and takes money from defendant's bank account | $25-$50 | You know their bank |
| Wage garnishment | Takes up to 25% of defendant's wages | $15-$35 | You know their employer |
| Property lien | Places a claim on defendant's real estate | $15-$25 | They own property |
| Till tap | Sheriff takes cash from a business register | $35-$50 | Defendant is a business |
| Debtor's exam | Court orders defendant to disclose assets | $20-$35 | You don't know their assets |
Judgments are valid for 10-20 years depending on the state and can be renewed. They accrue interest (typically 5-10% per year).
| State | Filing Fee | Fee Waiver Available |
|---|---|---|
| California | $30-$75 (based on claim amount) | Yes (Form FW-001) |
| New York | $15-$25 | Yes (poor person affidavit) |
| Texas | $34-$54 | Yes (Statement of Inability) |
| Florida | $55-$80 | Yes (Application for Indigent Status) |
| Washington | $29-$43 | Yes (Fee Waiver Petition) |
No. Lawyers are not allowed in most small claims courts. The process is designed for non-lawyers. You represent yourself and present your own evidence.
It varies: California $12,500, New York $5,000-$10,000, Texas $20,000, Florida $8,000, Washington $10,000. Check your state's court website.
$30-$75 depending on the state and claim amount. Low-income filers can request a fee waiver. You can add the filing fee to your claim.
If the defendant was properly served and doesn't appear, you win by "default judgment." The judge will review your evidence and issue a judgment in your favor.
In California, the plaintiff cannot appeal. The defendant can appeal within 30 days for a new trial in superior court. In most other states, either party can appeal within 10-30 days.
Typically 2-3 months from filing to hearing. The hearing itself takes 10-15 minutes. If you win and the defendant doesn't pay, enforcement can take additional months.
Need help preparing your small claims case? Ask our AI legal assistant - available 24/7 in English and Chinese.
Generally no. Small claims court handles monetary disputes with quantifiable damages. Emotional distress claims typically require a regular civil lawsuit. However, if emotional distress is part of a breach of contract or statutory violation, you may be able to include it in your claim in some states.
You can usually file in the state where the dispute occurred, where the contract was signed, or where the defendant lives. If the defendant is out of state, check whether your state allows service by certified mail or publication. Some states require you to file in the defendant home state.
Yes, but the limits are often lower for businesses. In California, businesses can claim up to $6,250 (half the individual limit). In Texas, businesses have the same $20,000 limit. Check your local rules.
If you are the plaintiff and miss court, your case is typically dismissed. If you are the defendant and miss court, a default judgment is entered against you. Some courts allow you to file a motion to vacate within 30 days if you had a valid emergency.