Idaho Small Claims Court: $15,000 Limit, Fees and How to File

In Idaho, you can sue for up to $15,000 in small claims court, a limit that took effect on July 1, 2026. Idaho Code § 1-2301 covers money claims "where the amount of each claim does not exceed fifteen thousand dollars ($15,000)," along with suits to recover personal property worth up to $15,000.

Small claims are heard in the Small Claims Department of the Magistrate's Division of the district court in each county. The limit was $5,000 until Senate Bill 1330 raised it, so many older guides and county pages still show the old figure. This guide follows an Idaho small claims case from filing to collecting. For other states, see our guide to small claims court by state.

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

Jurisdiction scope: This article covers the Small Claims Department of the Magistrate's Division under Idaho Code title 1, chapter 23 (§§ 1-2301 to 1-2315) and the Idaho Rules for Small Claims Actions. It does not cover evictions, regular civil cases in the magistrate or district court, or small claims in other states.

Idaho small claims limit: $15,000

Under Idaho Code § 1-2301, small claims covers "the recovery of money" where "the amount of each claim does not exceed fifteen thousand dollars ($15,000), and in cases for the recovery of personal property where the value of the property does not exceed fifteen thousand dollars ($15,000)." The court's own instructions, dated July 1, 2026, put it simply: "A person or a business can sue for up to $15,000."

The 2026 increase

Senate Bill 1330 struck the $5,000 figure and inserted $15,000. The legislature's bill page records that the governor signed it on March 27, 2026, as Session Law Chapter 196, effective July 1, 2026. The same act also changed the attorney's fee rule for small claims appeals (Idaho Code § 1-2311), covered in the appeals section below.

If a county website, an older court brochure or another guide still says $5,000, it predates the change.

What small claims cannot award

Small claims cannot award punitive damages or damages for pain and suffering. It also has no jury, and it cannot issue attachment, garnishment or execution except after judgment as the law provides.

If your claim is worth more than $15,000

Neither the statute nor the Idaho Rules for Small Claims Actions address whether you can split a larger claim into several small claims, or what happens if you drop the amount over $15,000 to fit. Reducing a claim to fit may mean giving up the rest for good, so ask a lawyer before cutting a claim down. We found no limit on how many small claims one person can file in a year.

Every claim must also be filed within the legal deadline for that type of claim. See our guide to the Idaho statute of limitations.

Who can sue in Idaho small claims

"Any individual, partnership, corporation or association may file a small claim as a plaintiff in the action" (Idaho Rules for Small Claims Actions, Rule 3). An employee may sign the pleadings for a business. The court's instructions say a business filing in a county where e-filing is available must e-file its documents.

• Assignees and collection agencies. "Any assignee of a debt or claim triable in the small claims department, including any licensed collection agency, may bring an action in small claims court" (Idaho Code § 1-2307(3)). An attorney who holds an assigned claim may not appear on it.
• The defendant. The court's instructions say the defendant must be at least 18 and able to understand the case for the plaintiff to win.

Suing the State or a local government

The State and local governments can sue and be sued in small claims, and they cannot appear through an attorney (Idaho Code § 1-2306). A claim against the State, a state agency or a state official is filed in the county where the plaintiff lives (or where the claim arose, for a nonresident), and the plaintiff must also serve the Idaho Attorney General by certified or registered mail. No small claims action lies against the State for a judge's official act. If your claim is a tort claim (for example, property damage) against the State, a city, a county or another political subdivision, or against one of their employees acting on the job, the Idaho Tort Claims Act first requires a written notice of claim filed within 180 days after the claim arose or reasonably should have been discovered: with the Secretary of State for the State, or with the clerk or secretary of the local government (Idaho Code §§ 6-905, 6-906). A claim not presented in time is barred (Idaho Code § 6-908).

Filing fees

The statute fixes only the $33 piece of the filing fee, which is collected "in addition to the costs necessary to effect service of the claim upon the defendant" (Idaho Code § 1-2303(3)). The court's instructions state the full amount: "There is a $69 filing fee for Small Claims cases."

"The plaintiff shall bear the cost of service of process by mail" (Idaho Code § 1-2304). Sheriff and process-server fees vary by county, and personal-service costs are added to a plaintiff's judgment.

If you cannot afford the fee

Under Idaho Code § 31-3220, the court can let a person who cannot pay start or defend a case without prepaying fees, based on an affidavit and the court's finding after an informal inquiry. Rule 15(b) allows the appeal fee to be waived the same way.

Lawyers in Idaho small claims

Lawyers cannot speak for you in the courtroom. Idaho Code § 1-2307 provides: "No attorney at law shall appear before the court on behalf of any party at any trial, pretrial matter or posttrial motion in the small claims department."

A lawyer can still advise you and help prepare exhibits and affidavits. Lawyers may also appear after judgment in execution proceedings and debtor's examinations, may sue or be sued personally (but not on an assigned claim), and, according to the court's instructions, "The parties can have lawyers" on appeal.

Businesses (a corporation, partnership, professional association or sole proprietorship) appear only through an owner of a substantial interest or a non-attorney employee, in small claims and on a de novo appeal (Idaho Code § 1-2307; Rule 8).

Interpreters. The clerk can arrange a free interpreter. Friends and relatives are not allowed to interpret.

Where to file

File in the magistrate's division in the county where the defendant lives or where the claim arose (Idaho Code § 1-2301). If you file in the wrong county, the defendant can ask for a change of venue. Claims against the State follow the special county rule above.

Mediation

Chapter 23 and the rules do not require a demand letter before you file. After the defendant answers, the court sets the case for trial or mediation (Idaho Code § 1-2303(2)), and the court's instructions note: "In some counties, the court will order you and the other side to talk to a mediator."

Serving the defendant

The defendant must be served with the claim (Idaho Code § 1-2304; Rule 10):

• Personal service. Someone 18 or older who is not the plaintiff, such as the sheriff, a professional process server or another adult, delivers the papers.
• Certified or registered mail through the court. At your request the clerk mails the claim with a return receipt. Service is complete when the receipt signed by the defendant comes back. If the defendant refuses the mail or someone else signs, you need personal service.

The court's instructions say that in most cases you have 30 days to serve the defendant and file the Affidavit of Service, though some courts allow up to 90 days. Under Rule 10(a), a case not served within 30 days may be dismissed; you can have it reopened without a new fee if you ask within six months of the original filing.

If you are the defendant

You must respond to get a hearing. Under Idaho Code § 1-2303, "if the defendant does not sign and file the answer within twenty-one (21) days from the date of service on the defendant, judgment will be entered as requested in the claim." If you agree with the claim, you do not need to answer.

No counterclaims

Idaho small claims does not allow counterclaims. If the plaintiff owes you money, you file your own separate case in the same court. If you file a related case in the magistrate's or district court arising from the same transaction, the small claim is transferred and consolidated with it.

No jury

There is no jury in small claims (Idaho Code § 1-2315). A jury becomes possible only on appeal.

Missing the hearing

Default judgments follow Idaho Rule of Civil Procedure 55, and the court must be satisfied by the evidence before entering one. To get a default, the court's instructions say you must also show the defendant is not on active military duty (a free Defense Manpower Data Center report helps), and you may not be able to get a default against a defendant serving in the U.S. Armed Forces. If the plaintiff does not appear, the case may be dismissed, with or without prejudice.

If the defendant files an answer but does not attend the trial, the judge may grant the plaintiff a default judgment, the same as if no answer had been filed, and a party who does not appear has no right to appeal (Rule 15(a)).

The hearing

A magistrate hears the case. Under Rule 11, "The trial must be informal," and Idaho Code § 1-2309 describes the aim as "speedy and quick justice." A verbatim record or recording is made, and parties and witnesses may appear by telephone.

• Evidence and witnesses. Each side offers its evidence and sworn witnesses.
• Subpoenas. You can subpoena a witness under the civil rules, but the party who issues the subpoena pays the witness and service costs and cannot recover them as costs.

The court has not published a typical time from filing to hearing.

Setting aside a default judgment

Under Rule 13, the court may vacate or reconsider a judgment at any time, on its own or on an informal request, on the grounds in Idaho Rules of Civil Procedure 55(c) and 60(a) and (b) or for good cause. The court has a Motion to Set Aside Default Judgment form. A default judgment that is set aside cannot be enforced.

Appealing an Idaho small claims judgment

Either party can appeal: "If either party is dissatisfied, he may, within thirty (30) days from the entry of said judgment against him, appeal to a lawyer magistrate other than the magistrate who entered said judgment" (Idaho Code § 1-2311). The appeal is heard in the county where the claim was filed, and the court treats the 30 days as strict.

• Who cannot appeal. A party who defaulted or did not appear has no right to appeal (Rule 15(a)).
• New trial. Under Rule 15, the appeal is a trial de novo, so the case is heard again.
• Fee. The court lists an $81 appeal filing fee, which can be waived for an indigent party.
• Jury. A jury of six may be requested within 14 days after service of the notice setting the appeal for hearing (Rule 15, amended effective July 1, 2026).
• Costs and fees. Costs on appeal to the prevailing party "may not exceed $50.00," and an attorney's fee may be awarded as provided in Idaho Code § 12-120(6).

The court does not issue execution until the appeal is final or the 30-day appeal period has passed, except on a default judgment (Rule 14).

Collecting an Idaho small claims judgment

Winning does not guarantee payment, and the court does not collect for you. When you can start depends on how the case ended:

The court's collection instructions list these tools:

• Writ of execution to reach bank accounts or seize personal property.
• Writ of continuing garnishment to reach wages.
• Writ of possession to recover property.
• Debtor's examination after a writ comes back unsatisfied.

You can use only one type of writ at a time. Each writ costs $2 to file, plus the sheriff's fee.

Real estate. To create a lien on real property, you record a transcript or abstract of the judgment; the court suggests talking to a lawyer for this step. A recorded judgment lien runs 10 years (Idaho Code § 10-1110), and a small claims judgment transcript may be filed in the district court lien dockets (Idaho Code § 1-2313).

Collection costs. Starting 60 days after judgment, the plaintiff may recover attorney's fees and documented collection costs set by the court on a memorandum (Idaho Code § 1-2310).

Interest. Idaho's post-judgment rate is 5% plus a base rate the Idaho State Treasurer sets each July 1 from the one-year Treasury constant maturity, and the rate stays fixed for judgments entered during that 12-month period (Idaho Code § 28-22-104(2)). Ask the clerk for the rate that applies to your judgment.

Exemptions. The debtor has 14 days after being served with a writ to file a claim of exemption, and the plaintiff then has 5 business days to contest it. Federal law protects Social Security (42 U.S.C. § 407(a)) and VA benefits (38 U.S.C. § 5301(a)(1)). For Idaho's own exemptions and wage garnishment limits, see our guide to Idaho debt collection laws and the wage garnishment calculator.

How long it lasts. The court's instructions say a judgment entered on or after July 1, 2015 expires 10 years from the judgment date and can be renewed for 10-year periods by affidavit and motion filed before it expires.

When you are paid. You must file a Satisfaction of Judgment, and the court can order you to.

When small claims is the wrong court

A negligence claim against the federal government or a federal employee acting on the job is not a small claims case. Federal district courts have exclusive jurisdiction over those claims (28 U.S.C. § 1346(b)(1)), and the claim must first be presented to the federal agency (28 U.S.C. § 2675(a)).

Official forms and self-help

• Idaho Court Assistance Office: Small Claims forms
• How to Sue, How to Serve and Get Ready for Trial (CAO SC 1-1), dated July 1, 2026.
• Information for the Defendant (CAO SC 1-2)
• How to Collect Your Small Claims Judgment (CAO SC Instr 10-1)
• Idaho Rules for Small Claims Actions

Related

• Small claims court by state
• Idaho statute of limitations
• Idaho debt collection laws
• Idaho landlord-tenant laws
• Washington small claims court
• Utah small claims court

Disclaimer: This article provides general legal information about Idaho small claims under Idaho Code §§ 1-2301 to 1-2315, the Idaho Rules for Small Claims Actions and the other Idaho and federal laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the Idaho Court Assistance Office, the clerk of the magistrate court in your county, a legal aid office, or a lawyer licensed in Idaho.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Idaho?

$15,000 per claim, for money or for personal property worth up to $15,000, beginning July 1, 2026 (Idaho Code § 1-2301, as amended by 2026 Idaho Session Laws ch. 196).

Is the Idaho small claims limit still $5,000?

No. The limit was $5,000 through June 30, 2026. Senate Bill 1330, signed March 27, 2026, raised it to $15,000 effective July 1, 2026, so older guides showing $5,000 are out of date.

How much does it cost to file small claims in Idaho?

The Idaho courts' instructions dated July 1, 2026 list a $69 filing fee. Service costs are extra, and a person who cannot pay can ask to proceed without prepaying fees under Idaho Code § 31-3220.

Can a lawyer represent me in small claims in Idaho?

Not at the trial, a pretrial matter or a post-trial motion (Idaho Code § 1-2307). A lawyer can advise you and help prepare exhibits, and the court's instructions say the parties can have lawyers on appeal.

Can I file a counterclaim in Idaho small claims court?

No. Counterclaims are not permitted; a defendant with a claim against the plaintiff files a separate action in the same court.

How long do I have to answer an Idaho small claims case?

21 days from the date you were served. If you do not sign and file the answer by then, judgment is entered as the claim requests (Idaho Code § 1-2303).

How long do I have to appeal an Idaho small claims judgment?

30 days from entry of the judgment (Idaho Code § 1-2311). The appeal goes to a different lawyer magistrate for a new trial, the court lists an $81 fee, and a party who defaulted or did not appear cannot appeal.

Can I sue the State of Idaho in small claims court?

Yes. Under Idaho Code § 1-2306 you file in the county where you live (or where the claim arose, if you live out of state) and also serve the Idaho Attorney General by certified or registered mail. For a tort claim, a written notice of claim must first be filed within 180 days under the Idaho Tort Claims Act, or the claim is barred (Idaho Code §§ 6-905, 6-908).