Small Claims Court by State: Limits, Fees and Appeals (2026)

Small claims court is a simplified way to sue for a modest amount of money without the cost and formality of a regular lawsuit. Every state and the District of Columbia has one in some form, but the dollar limit varies widely: from $2,500 in Kentucky to $25,000 in Delaware's Justice of the Peace Court and Tennessee's General Sessions Courts.

Most states set the limit between $5,000 and $10,000. Among courts that run a dedicated small claims procedure, the highest limits are $20,000, in Minnesota, Texas and Utah. Fees, lawyer rules and appeal rights differ just as much, so the comparison table below gives a one-line answer for each state and links to a full guide for that state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This hub compares small claims procedures in the 50 states and the District of Columbia, drawn from our state guides, and covers the federal laws that touch a small claims case: suing the federal government (28 U.S.C. 1346(b), 2401(b), 2675), the Servicemembers Civil Relief Act default-judgment rule (50 U.S.C. 3931), the FDCPA venue rule (15 U.S.C. 1692i), federal limits on garnishment and protected benefits, and the bankruptcy automatic stay (11 U.S.C. 362). It does not cover evictions, regular civil cases, or small claims outside the United States.

Small claims limits by state

The table gives the general dollar limit, the base filing fee, whether lawyers can take part, and who can appeal and where. Cells are short on purpose; fees often vary by county or court, and each state guide has the statute, the exceptions and the detail.

Scheduled changes. Georgia's limit rises to $25,000 for cases filed on or after January 1, 2027 (House Bill 999 of 2026). Wisconsin's general limit rises to $15,000 for cases filed on or after January 1, 2027 (2025 Wisconsin Act 105), its tort limit stays at $5,000, and its filing fee total rises to $124 on November 1, 2026. Utah's limit is scheduled to rise to $25,000 on January 1, 2030 (Utah Code 78A-8-102). Rhode Island's filing fee is in transition through January 1, 2027, and South Carolina's Act No. 155 of 2026 raises several magistrates court fees on January 1, 2027.

Recent changes. Idaho's limit rose from $5,000 to $15,000 on July 1, 2026, and Maine's from $6,000 to $10,000 on January 1, 2026. Iowa's filing fee rose from $95 to $115 on July 1, 2026, and Kentucky's filing fee is $38 as of the same date. Older guides that show the previous figures are out of date.

Bills that are not law. Proposals to raise the limit in Massachusetts (H.1860, sent to a study order on March 26, 2026), New York, South Carolina, Tennessee (HB 982 / SB 572), Mississippi and Louisiana's justice of the peace courts have not become law, so the limits in the table still apply.

How a small claims case works

The steps are similar everywhere, even though the deadlines, forms and fees are set state by state. Your state's guide gives the specific rules for each step.

1. Ask for payment first

Most disputes start with a written demand: a letter saying what you are owed, why, and by when you expect payment. In Wyoming, it is a legal requirement; you must have demanded payment and been refused before you file, and the small claims affidavit asks you to say so (W.S. 1-21-202(a)). Elsewhere, a demand letter is still useful evidence that you tried to resolve the dispute.

2. Check that your claim fits

Confirm three things before you file. Your claim must be within your state's dollar limit, it must be the kind of claim small claims court can hear, and it must be filed within the statute of limitations for that kind of claim. Our statute of limitations guide and calculator cover the filing deadlines.

Some claims are excluded outright. Rhode Island small claims does not cover personal injury, negligence or property damage claims, for example, and Michigan bars fraud (with narrow exceptions), libel, slander and other intentional torts. Many states also limit small claims to money, so a court cannot order someone to do something.

3. File in the right court

Venue rules decide which county or court hears the case, usually where the defendant lives or does business or where the dispute arose. Getting it wrong can cost you: Nebraska's Judicial Branch warns that a case filed in the wrong county is dismissed and the filing fee is lost. Most states have a fee waiver for people who cannot afford the filing fee; your state guide names the form.

4. Serve the defendant

The defendant must get formal notice of the case. How that happens varies. In New York, New Hampshire, South Dakota and Wyoming, the court or clerk arranges service, often by mail. In many states, including California, Colorado, New Mexico, South Carolina, Texas and Washington, you cannot serve the papers yourself; a sheriff, process server or another adult must. In Connecticut and Maine, you serve the defendant first and then file with the court.

5. The defendant responds

Some states require a written answer by a deadline (20 days after service in Alaska, Arizona, New Mexico and Rhode Island, 14 days in Texas, generally 30 days in Georgia and South Carolina). In Oregon, the defendant has 30 days after service to pay or demand a hearing. In others, including Maine, New Jersey, Nevada and Wyoming, the defendant does not file an answer but must come to the hearing. A defendant who does neither risks a default judgment.

6. The hearing

Small claims hearings are usually short and informal, before a judge, magistrate or commissioner. Many states relax the rules of evidence: Ohio's Rules of Evidence do not apply in small claims (Evid.R. 101(C)(8)), and Missouri and Wyoming hearings are informal. Others do not: the full rules of evidence apply in Tennessee general sessions court and New Mexico magistrate court, so a written statement from someone who does not testify may not be accepted. Bring your contract, receipts, photos, estimates and any witnesses.

7. Judgment and appeal

The judge decides, often the same day or by mail. If you lose, check the appeal deadline immediately; in several states it is 10 days or less, and in Rhode Island a losing defendant has only two days. A default judgment is usually challenged by a motion to set it aside rather than an appeal.

8. Collecting the money

A judgment is a court order that you are owed money, not the money itself. Courts generally do not collect for you. Collection tools usually include wage garnishment, bank levies, liens on property and a debtor examination, and judgments earn interest and expire unless renewed, on a timetable set by each state. Our debt collection guides cover state exemptions.

How states differ

The table shows the headline numbers. These are the differences that most often change a reader's plan.

A separate court, or a docket of a general court

Only some states have a court actually called small claims court. In many, small claims is a division or docket of a general trial court: the district court in Alabama, Alaska and Iowa, the county court in Florida, the circuit court in Illinois and Wisconsin. Other states send these cases to a court with a broader civil role. Delaware uses the Justice of the Peace Court, Tennessee the General Sessions Court, Texas the precinct justice court, Mississippi the justice court, Pennsylvania its magisterial district judges and the Philadelphia Municipal Court, and Georgia, South Carolina, New Mexico and West Virginia their magistrate courts.

That matters because a court with a higher civil limit can carry more formal rules. West Virginia's magistrate court, for example, requires a written answer, applies the regular rules of evidence and allows a jury.

More than one limit in a state

Some states set different limits by who is suing or what the claim is about. California allows individuals up to $12,500 but businesses only $6,250, and Washington allows individuals $10,000 and other plaintiffs $5,000. Minnesota's $20,000 limit drops to $4,000 for a seller or lender suing over a consumer credit transaction, and Vermont's $10,000 limit drops to $5,000 for consumer credit or medical debt. Wisconsin's limit is $10,000 for most claims but $5,000 for personal injury and other tort claims.

New York sets the limit by court: $10,000 in New York City Civil Court, $5,000 in City Courts outside the city and the Nassau and western Suffolk District Courts, and $3,000 in Town and Village Justice Courts. A few claim types have no cap at all: residential security deposit disputes in Hawaii, and motor vehicle property damage and a city or town's claim for unpaid personal property taxes in Massachusetts, where other city and town claims can reach $15,000. Connecticut allows up to $15,000 for certain home improvement and new home construction disputes, and a tenant's security deposit award there can exceed $5,000.

Lawyers

Most states allow lawyers but do not require them. A few keep them out. California bars lawyers from representing parties at the hearing, though they can advise you. Michigan bars lawyers from small claims, Idaho bars them from the trial and related motions, and in Arkansas a case moves to the regular civil docket if the judge finds a party is represented. Nebraska bars lawyers at the hearing, and Colorado and Virginia generally bar them.

Other states use a consent rule. In Arizona, lawyers take part only if both sides agree in writing; in Oregon and Washington, only with the judge's consent. In Kansas, no one may have a lawyer before judgment unless the other side has one, and in Montana lawyers are barred unless every party has one.

Business representation

Most states let a business appear through an owner, officer or employee instead of a lawyer, among them Texas, Georgia, Minnesota, Pennsylvania, Virginia and Oklahoma (since November 1, 2024). There are exceptions. A corporation suing as plaintiff must use a lawyer in Illinois, and a corporation or partnership that sues in the District of Columbia must appear through a D.C. Bar lawyer. In Rhode Island, a corporation, LLC or LLP needs a lawyer to defend, and generally to sue unless it is a close corporation with under $1,000,000 in assets. In Tennessee, plan on a licensed lawyer if a corporation or LLC is suing, defending or appealing.

Debt buyers and collection agencies

Many states keep assigned claims out of small claims. Assignees such as debt buyers cannot file in states including Arizona, Arkansas, Colorado, Kansas, Kentucky, Michigan, Missouri, Nebraska, New York, North Dakota, Ohio, Oklahoma, Utah and Washington, and collection agencies are also barred in Arkansas, Kentucky, Michigan and Oklahoma. In Alabama, Alaska and Indiana, an assigned claim must be presented by a lawyer. Arkansas and Kentucky also keep out lenders suing in the course of their lending business.

Who can appeal

This is where states differ most. Arizona, Connecticut, Hawaii, North Dakota and South Dakota allow no appeal from a small claims judgment. Oregon allows none from its circuit court small claims departments, though in a justice court the defendant may appeal within 30 days. Michigan allows none from a district judge, and Louisiana none from a city court small claims division unless the case was moved to the regular docket in time. In Arizona, Connecticut, North Dakota and South Dakota, the way to keep appeal rights is to move the case out of small claims in time: in Arizona, at least ten days before the hearing; in Connecticut, by the answer date; in North Dakota, a defendant removes the case to district court within 20 days; in South Dakota, a defendant (or a plaintiff facing a counterclaim) petitions to remove at least five days before the appearance date.

In other states, the plaintiff gives up appeal rights by choosing small claims. Only the defendant can appeal in California, Massachusetts and Rhode Island, where the plaintiff waives appeal by filing, though in California and Rhode Island a plaintiff may appeal a ruling on the defendant's counterclaim. Where an appeal is allowed, it may be a brand-new trial (Alabama, Maryland, Pennsylvania, Texas, Virginia), a review of the record without new evidence (Colorado, Iowa, Kentucky, Nebraska, Nevada, Vermont), or a review limited to questions of law (Montana, New Hampshire, Wyoming).

Splitting a claim and waiving the excess

If you are owed more than the limit, you generally cannot split one claim into smaller cases to fit; Arizona, Colorado, Minnesota, Nevada, New York, Oregon, Rhode Island and Vermont say so expressly. Many states let you file for the limit and give up the rest, but that waiver is permanent. In Alaska, Indiana, Kansas, Louisiana, Maine, Michigan, Minnesota, Missouri, New Jersey and Vermont, the amount over the limit is gone for good once you choose small claims. Delaware works the same way: you can limit a larger claim to $25,000, but you give up the excess. If the amount over the limit is significant, talk to a lawyer before cutting your claim down.

Limits on how often you can file

Several states cap repeat filers. California allows no more than two claims over $2,500 anywhere in the state per calendar year. Colorado allows two claims a month and eighteen a year, Kansas twenty a year in the same court, Kentucky twenty-five a year, Missouri bars anyone who has already filed more than twelve other claims that year, Montana allows ten, Michigan five a week in a district court district, and Nebraska two a week and ten a year.

The federal layer

Small claims is a state-court procedure. Every court in the table is a state court or, for the District of Columbia, the Superior Court. A handful of federal laws still shape what you can file, how a default judgment is entered and what you can collect.

Suing the federal government

You cannot take a tort claim against the United States to a state small claims court. Federal district courts have exclusive jurisdiction of civil actions for money damages against the United States for injury, loss of property, personal injury or death caused by the negligent or wrongful act of a federal employee acting within the scope of employment (28 U.S.C. 1346(b)(1)). That is the Federal Tort Claims Act.

Before you can sue, you must present the claim to the federal agency involved and have it finally denied in writing, or wait six months without a final decision, which you may then treat as a denial (28 U.S.C. 2675(a)). The claim is forever barred unless it is presented in writing within two years after it accrues, and, after a denial sent by certified or registered mail, suit must begin within six months (28 U.S.C. 2401(b)). The federal claim form is Standard Form 95 (Claim for Damage, Injury, or Death), published by the General Services Administration. Your lawsuit generally cannot ask for more than you claimed with the agency, with narrow exceptions such as newly discovered evidence (28 U.S.C. 2675(b)).

Suing the federal employee personally in small claims usually does not work either. The FTCA remedy against the United States is exclusive of any other civil action for money damages against the employee (28 U.S.C. 2679(b)(1)). If the Attorney General certifies that the employee was acting within the scope of employment, a state-court case is removed to federal district court and the United States is substituted as the defendant (28 U.S.C. 2679(d)(2)).

Non-tort money claims against the United States, such as claims founded on a federal contract, statute or regulation, go to the U.S. Court of Federal Claims, or to a federal district court when the claim is $10,000 or less (28 U.S.C. 1346(a)(2)). The Court of Federal Claims hears money claims against the federal government; it is not a small claims court.

Default judgments and servicemembers

If the defendant does not show up, federal law adds a step before the court can enter judgment. Under the Servicemembers Civil Relief Act, the court must require the plaintiff to file an affidavit stating whether the defendant is in military service, with facts supporting it, or stating that the plaintiff cannot determine it (50 U.S.C. 3931(b)(1)).

If the defendant is in military service, the court may not enter a judgment until it appoints an attorney to represent the defendant. In some circumstances the court must also grant a stay of at least 90 days (50 U.S.C. 3931(b)(2), (d)).

When a debt collector sues you

A debt collector suing a consumer on a debt must sue only in the judicial district where the consumer signed the contract or where the consumer lives when the case begins; a suit to enforce an interest in real property goes where the property is (15 U.S.C. 1692i). The Federal Trade Commission advises responding by the date in the court papers and not ignoring the lawsuit. It also says a debt collector may not sue on a debt that is past the statute of limitations, and that if you are sued on one you should tell the judge the statute of limitations has run out.

Federal limits on collecting a judgment

Federal law caps wage garnishment for ordinary debts. For any workweek, the amount garnished may not exceed the lesser of 25 percent of disposable earnings or the amount by which disposable earnings exceed thirty times the federal minimum hourly wage (15 U.S.C. 1673(a)). That cap does not apply to support orders, Chapter 13 bankruptcy orders or state and federal tax debts (15 U.S.C. 1673(b)). Our guide to stopping wage garnishment covers the process.

Some federal benefits are off limits to a judgment creditor. Social Security benefits are not subject to execution, levy, attachment, garnishment or other legal process (42 U.S.C. 407(a)), and VA benefits are exempt from creditors' claims before or after the beneficiary receives them (38 U.S.C. 5301(a)(1)). The FTC notes these protections have exceptions for delinquent taxes, child or spousal support and student loans.

Those benefits keep some protection once they reach a bank account. Under the Treasury rule at 31 CFR part 212, a bank that receives a garnishment order must protect a "protected amount." That amount is the lesser of the federal benefit payments posted to the account during a two-month lookback period or the account balance (31 CFR 212.2).

Bankruptcy stops the case

A bankruptcy filing operates as an automatic stay. It stops the continuation of pending lawsuits against the debtor and the enforcement of judgments obtained before the bankruptcy (11 U.S.C. 362(a)(1)-(2)). If the defendant files for bankruptcy, your small claims case and any collection generally stop. The federal courts note that some actions are not stayed and that the stay may be short in some situations.

Small claims outside the United States

For other countries, see our guides to small claims in Canada and small claims court in the United Kingdom.

Related

• Statute of limitations in the United States
• Statute of limitations calculator
• Debt collection laws
• How to stop wage garnishment
• Landlord-tenant laws
• Unpaid wages and final paycheck laws

Disclaimer: This article provides general legal information about small claims procedures in the 50 US states and the District of Columbia, as described in our state guides, and about the federal statutes cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. Limits, fees and deadlines change; confirm them with your court before you file. For help with your situation, contact your court's self-help center, a legal aid office, or a lawyer licensed in your state.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in my state?

It depends on the state, from $2,500 in Kentucky up to $25,000 in Delaware's Justice of the Peace Court and Tennessee's General Sessions Courts. Find your state in the table above and open its guide for the court, the statute and any limit that applies to businesses or certain claims.

Which state has the highest small claims limit?

Delaware and Tennessee hear civil claims up to $25,000 in courts that handle what other states call small claims, though neither has a court named small claims court. Among dedicated small claims procedures, Minnesota, Texas and Utah top out at $20,000, and Georgia's magistrate court rises to $25,000 for cases filed on or after January 1, 2027.

Which state has the lowest small claims limit?

Kentucky, at $2,500 not counting interest and costs (KRS 24A.230). New York's Town and Village Justice Courts are also low at $3,000, and Mississippi's justice courts stop at $3,500.

Can I sue for more than the limit in small claims court?

Generally no. In many states, including Alaska, Indiana, Kansas, Maine, Michigan, Missouri and New Jersey, you can file only by giving up the amount over the limit, and you cannot sue for the rest later. States including Arizona, Colorado, Minnesota, New York and Oregon also bar splitting one claim into several cases.

Can I have a lawyer in small claims court?

In most states, yes, but you do not need one. Several states keep lawyers out, including California and Nebraska at the hearing, Idaho at trial, and Michigan and Arkansas in small claims. Arizona, Oregon and Washington allow them only with the other side's or the judge's consent. Check your state's guide.

Can a business sue in small claims court?

Usually yes, often through an officer or employee instead of a lawyer. Some states set a lower limit for businesses (California $6,250, Washington $5,000), and some require a corporate plaintiff to use a lawyer, including Illinois, the District of Columbia and Rhode Island (unless it is a close corporation with under $1,000,000 in assets). In New York, corporations and partnerships cannot file an ordinary small claim and use the separate commercial claims part instead.

Can I appeal a small claims decision?

It depends on the state. Many allow either side to appeal for a new trial within a short deadline, often 10 to 30 days, but Arizona, Connecticut, Hawaii, North Dakota and South Dakota allow no appeal, Oregon allows none in circuit court, Michigan none from a district judge and Louisiana none in city court unless the case was moved out in time, and in California, Massachusetts and Rhode Island only the defendant can appeal (a plaintiff may appeal a ruling on a counterclaim in California and Rhode Island).

What happens if the defendant doesn't pay the judgment?

The court generally does not collect for you. You use your state's collection tools, such as wage garnishment, bank levies, liens or a debtor examination, and federal law limits ordinary wage garnishment and protects Social Security and VA benefits (15 U.S.C. 1673; 42 U.S.C. 407; 38 U.S.C. 5301).

Can I sue the federal government in small claims court?

Not for a tort claim. Federal district courts have exclusive jurisdiction over money claims against the United States for an employee's negligent or wrongful act (28 U.S.C. 1346(b)(1)), and you must first present the claim to the agency within two years (28 U.S.C. 2675(a), 2401(b)).

Can a debt collector sue me in small claims court?

It depends on the state. Assignees such as debt buyers cannot use small claims in states including Arizona, Arkansas, Colorado, Kansas, Kentucky, Michigan, Missouri, Nebraska, New York, North Dakota, Ohio, Oklahoma, Utah and Washington. Where a debt collector does sue, federal law requires it to sue where you signed the contract or where you live (15 U.S.C. 1692i(a)(2)).