Vermont Small Claims Court: $10,000 Limit, Fees and How to File

Vermont's small claims limit is $10,000. Under 12 V.S.A. § 5531(a), small claims is for cases "in which the plaintiff does not claim as debt or damage more than $10,000.00." A lower $5,000 cap applies when the case is to collect consumer credit debt or medical debt (12 V.S.A. § 5531(e)). The $10,000 limit has been in effect since June 5, 2023, when Act 46 of 2023 raised it from $5,000.

Small claims court is part of the Civil Division of the Vermont Superior Court, with one in each county. It decides money claims only, in an informal hearing before a judge sitting alone. This guide walks through a Vermont small claims case in the order you will live it. 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 small claims in Vermont under 12 V.S.A. chapter 187, the court fees in 32 V.S.A. § 1431, and the Vermont Judiciary's small claims guide (form 100-00509, January 2025) and web pages. It does not cover evictions, regular civil cases in the Civil Division, or small claims in other states.

Vermont small claims limit: $10,000

The general limit is $10,000 for any plaintiff, including businesses. Act 46 of 2023 (S.33) raised it from $5,000 and took effect on passage, June 5, 2023. Older pages that still say $5,000 are out of date for most claims, but $5,000 is still the cap in one important category.

Section 5531(e) says the small claims court "shall not have jurisdiction over actions for collection of any debt greater than $5,000.00 arising out of: (1) a consumer credit transaction as defined in 15 U.S.C. § 1679a; or (2) medical debt as defined in 18 V.S.A. § 9481."

We found no 2024, 2025 or 2026 law changing these limits.

You cannot split a claim, and waiving the excess is permanent

12 V.S.A. § 5531(b): "Nor may parties split a claim in excess of $10,000.00 into two or more claims under this chapter." The judiciary guide explains the trade-off. You may ask for only $10,000 on a larger claim, but "if you do that you cannot later file another case (either in small claims or in the Civil Division) to collect the other part of the claim." You also cannot file two cases at once for different parts of the same claim.

The guide adds that the judge may award interest and reimbursement of your fees on top of the $10,000. If your loss is well over $10,000, compare small claims with a regular case in the Civil Division before you file.

Filing deadlines

Small claims has no separate filing deadline, but the general statute of limitations still applies. Our Vermont statute of limitations guide covers the time limits for different kinds of claims.

What you can sue for and who can file

• Money only. "Parties may not request claims for relief other than money damages under this chapter" (12 V.S.A. § 5531(b)). Small claims cannot order someone to return property or to do or stop doing something.
• No slander or libel cases (12 V.S.A. § 5531(a)).
• Age. The judiciary says you must be 18 or older to sue. A parent or guardian may sue for a minor or for a person who has a guardian.
• Only for yourself. You cannot sue on someone else's behalf. If there are co-plaintiffs, such as spouses, each must sign the complaint and come to the hearing.
• Businesses may sue in small claims.

Typical cases include an unpaid loan or invoice, property damage, work that was paid for and not done, or a security deposit a landlord kept. For the deposit rules, see our Vermont landlord-tenant laws guide.

Filing fees

The Vermont Judiciary's court fee table lists these small claims fees under 32 V.S.A. § 1431. The page does not show an effective date.

Filing an answer is free. If the sheriff has to serve the defendant, you pay the sheriff's fee and can recover it if you win. A subpoena itself is free, but the guide says a witness who is served gets a $30 witness fee plus mileage. The judiciary says: "If you win the case, you can ask to add the filing fee to your judgment."

Fee waiver. Use the Application to Waive Filing Fees and Service Costs (form 600-00228). The court can waive filing and service costs if you receive any public assistance, if your gross income is at or below 150% of the federal poverty guidelines, or if the court finds you cannot pay without using money you need to support yourself and your dependents. If the court denies the waiver, you have 30 days to pay or the case may be dismissed, and you can appeal the denial to the presiding judge within 7 days.

Lawyers and business representation

You do not need a lawyer. 12 V.S.A. § 5536: "Any person, corporation, or other legal entity shall be entitled but not required to be represented by an attorney in small claims court."

The judiciary guide says a spouse or family member may not represent you, even with a power of attorney. We did not confirm which non-lawyers, such as officers or employees, may speak for a business; that is set by the Vermont Rules of Small Claims Procedure, which we did not open. Ask the clerk.

The court arranges interpreters and disability accommodations on request.

Where to file

12 V.S.A. § 5531(d) says venue "shall be governed by section 402 of this title." In practice, the judiciary guide tells you to file in the county where you live or where the defendant lives (or where the defendant has its business). The court can move a case to a county where either party lives.

Start with the Small Claims Complaint (form 100-00257), available on the judiciary's Suing and Being Sued page.

Serving the defendant

Vermont small claims starts with service by mail, which you handle yourself.

1. File and pay. File the complaint and pay the fee. The clerk returns a signed summons.
2. Mail within 7 days. The judiciary says "you have seven days to send the defendant these documents by first-class mail": the summons, the complaint with the case number, the Information and Instructions for Defendant (100-00259), a blank Answer (100-00126), and a blank Disclosure of Exempt Income (100-00128).
3. File proof. File a Certificate of Service (100-00260) with the court.
4. If there is no answer in 30 days. If the defendant does not answer within 30 days of the mailing date, you must have the sheriff serve the papers. The sheriff's return of service is due within 60 days of the mailing date, and the guide says an extension of about 30 days is usually granted on a written request.
5. If the sheriff cannot serve. The case may be dismissed.

A corporation is served through an officer, director, general agent or authorized attorney.

We found no requirement to send a demand letter or try mediation before you file.

If you are the defendant

Answer within 30 days. If the papers came by mail, you have 30 days from the date they were mailed (not the date you received them); if a sheriff or constable served you, 30 days from the date of service. There is no filing fee. The judiciary notes that if you do not answer a mailed complaint in time, the plaintiff may have to pay for sheriff service, and you may have to repay that cost if the plaintiff wins. If you do not answer, the plaintiff may ask for a default judgment within 60 days after your answer was due, by affidavit for no more than the amount originally claimed, mailed to you. Before collecting on a default judgment, the plaintiff must have it served on you by a sheriff or constable and file proof.

Counterclaims. You may file a counterclaim, with the counterclaim fee, if it arises out of the same transaction or occurrence as the plaintiff's claim. Under 12 V.S.A. § 5533(c): "The relief requested in the counterclaim may exceed the jurisdictional limit of the small claims court, however the judgment shall not exceed that limit." If you leave a counterclaim out, you can still bring it later in a separate case. A small claims ruling on a counterclaim does not bar a later case on the same claim, but any later judgment is reduced by the small claims limit in effect when you raised the counterclaim.

Jury trial. "A plaintiff beginning a cause under the procedure waives a jury trial" (12 V.S.A. § 5535). A defendant may request a jury before the hearing date by filing a request with an affidavit that questions of fact require a trial, and paying the $10 jury fee. The case is then tried by jury "as in ordinary cases."

Choosing the judge. When the plaintiff claims more than $3,500, "the defendant shall have the right to request a special assignment of a judicial officer," meaning a Superior judge or an appointed member of the bar (12 V.S.A. § 5531(c)). In Essex, Caledonia, Rutland and Bennington Counties, assistant judges hear small claims first.

Military defendants. Under the federal Servicemembers Civil Relief Act, when a defendant does not appear, the court must require the plaintiff to file an affidavit about the defendant's military status before entering judgment (50 U.S.C. § 3931(b)(1)).

Reopening a default. We did not open the small claims rule on setting aside a default judgment. If a default was entered against you, contact the clerk or the court's Access and Resource Center right away.

The hearing

The court mails a hearing notice a few weeks before the trial; no fixed period is set. A presiding judge, an assistant judge or an acting judge (a lawyer appointed to the role) hears the case alone.

The judiciary's page says: "Formal rules of evidence are not always applied at a small claims trial." Testimony is under oath. A few practical points from the judiciary:

• Bring witnesses, not letters. Affidavits and letters are generally not accepted, because the other side cannot cross-examine them.
• Print your photos. The court will not usually look at evidence on your phone.
• Subpoenas are available at no fee. A non-party who is at least 18 serves them, and the witness is paid the witness fee and mileage at service.
• Be on time. A party who is late or absent may lose. To postpone, file a written motion showing a good reason.

Appeals

Either party may appeal. 12 V.S.A. § 5538: "Any party may appeal from a small claims judgment to Superior Court."

The statute: "The appeal shall be heard and decided, based on the record made in the small claims procedure. No appeal as of right exists to the Supreme Court." The judge reviews the audio recording of the hearing, the appellant's written statement of errors (form 100-00284 is optional) and the other side's response. There is no hearing unless the judge orders one. The Vermont Supreme Court may allow a further appeal on motion.

Because the appeal is on the record, the small claims hearing is your one chance to present evidence and witnesses.

Collecting a Vermont small claims judgment

Winning a judgment does not guarantee payment, and the court does not collect the money for you.

Timing. The debtor has 30 days from entry of judgment to pay a lump-sum judgment. An installment judgment is overdue when a scheduled payment is 30 or more days late. Post-judgment steps require proof that the judgment was served on the debtor.

Interest. The judiciary guide says "the winner can also collect interest at the rate of 12 percent per year" on small claims judgments, whether by default, agreement or trial.

Financial disclosure hearing. Under 12 V.S.A. § 5537, if the judgment is unpaid after 30 days, the court can order the debtor to come to court and disclose ability to pay, and can order payments. Ignoring that order can lead to civil contempt. To ask for the hearing, file a motion (form 100-00279) with a Certificate of Service (100-00260) and the $65 fee. The debtor completes a Financial Disclosure form (100-00127) and a List of Exemptions (100-00511). The judiciary's web page says you must wait at least 3 months before asking for another disclosure hearing, while its January 2025 guide says one year; ask the clerk which applies.

Other collection tools listed by the judiciary:

• Trustee process against the debtor's earnings (wage attachment),
• Execution on the debtor's property, and
• A judgment lien on real property (12 V.S.A. chapter 113).

How long a judgment lasts. 12 V.S.A. § 2681(b): "Executions on small claims court judgments may be made so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment." To renew, file a new small claims complaint before the judgment expires, for the judgment amount plus post-judgment costs, fees and interest. The renewal fee is $65 or $90, on the same bands as a new claim.

When the judgment is paid. The creditor must notify the court within 21 days of full payment, using form 100-00290. If the creditor does not, the debtor can ask the court, with no filing fee, to record the judgment as paid; unless the creditor objects in writing within 21 days, the court updates the record.

Exemptions. Some income and property is exempt from collection. Our Vermont debt collection laws guide covers those protections. Federal benefits are protected too: 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 (38 U.S.C. § 5301(a)(1)).

Claims against the federal government

A claim against a federal agency, or a federal employee acting on the job, is not a Vermont small claims case. The claim must first be presented to the agency, and a lawsuit can follow only after the agency finally denies it in writing (28 U.S.C. § 2675(a)). The written claim is due within two years (28 U.S.C. § 2401(b)), and federal district courts have exclusive jurisdiction over these tort claims (28 U.S.C. § 1346(b)(1)).

Official forms and resources

• Suing and Being Sued: Small Claims (Vermont Judiciary, with the complaint form)
• Small Claims Trials and Appeals
• Collecting a Small Claims Judgment
• A Guide to Small Claims Proceedings in Vermont (form 100-00509, January 2025)
• Court Fees
• Access and Resource Center (802-879-1185; selfhelp@vtcourts.gov)
• 12 V.S.A. chapter 187 (small claims statute)

Related

• Small claims court by state
• Vermont statute of limitations
• Vermont landlord-tenant laws
• Vermont debt collection laws
• New Hampshire small claims court
• New York small claims court

Disclaimer: This article provides general legal information about small claims in Vermont under 12 V.S.A. chapter 187, 32 V.S.A. § 1431, and the other Vermont 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 court's Access and Resource Center, a legal aid office, or a lawyer licensed in Vermont.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Vermont?

$10,000 under 12 V.S.A. § 5531(a), in effect since June 5, 2023. Cases to collect consumer credit or medical debt are capped at $5,000 (§ 5531(e)).

Can I sue for more than $10,000 in Vermont small claims?

No, and you cannot split a larger claim into several cases (12 V.S.A. § 5531(b)). If you ask for only $10,000, the judiciary guide says you cannot later sue for the rest in any court.

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

$65 for a claim of $1,000 or less and $90 for a claim from $1,001 to $10,000, under 32 V.S.A. § 1431. You can apply to waive the fee with form 600-00228.

Do I need a lawyer for small claims court in Vermont?

No. 12 V.S.A. § 5536 says any person or business is entitled but not required to have a lawyer. A spouse or family member cannot represent you.

How long do I have to appeal a Vermont small claims judgment?

30 days from entry of judgment, with a $120 fee. The Superior Court decides the appeal on the record without new evidence (12 V.S.A. § 5538).

Can a defendant get a jury trial in Vermont small claims?

Yes. The defendant may file a jury request with an affidavit and a $10 fee before the hearing date; the plaintiff waives a jury by filing (12 V.S.A. § 5535).

What is the interest rate on a Vermont small claims judgment?

The Vermont Judiciary guide says small claims judgments earn interest at 12 percent per year.

How long is a Vermont small claims judgment good for?

Eight years from the date it was rendered (12 V.S.A. § 2681(b)). You can renew it by filing a new small claims complaint before it expires.