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

In Washington, a person can sue for up to $10,000 in small claims court, and a business or any other plaintiff can sue for up to $5,000. Both limits come from RCW 12.40.010, which creates a small claims department in every district court for "the recovery of money only." The statute's history lists 2019 as the year of its last amendment.

This guide follows a Washington small claims case from filing to collecting the money. 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 Washington district courts under chapter 12.40 RCW, appeals under chapter 12.36 RCW, and the related fee, venue, interest and judgment rules cited below. It does not cover evictions, regular district court or superior court civil cases, or small claims in other states. County district courts add local rules and surcharges, so check your own court too.

Washington small claims limit: $10,000 or $5,000

The limit depends on who is suing, not on who is being sued:

The statute reads: "Ten thousand dollars in cases brought by a natural person" and "Five thousand dollars in all other cases." The Washington courts' small claims brochure, updated October 2025, gives the same figures. Older guides may still show a lower limit for individuals; the current statute says $10,000.

Small claims jurisdiction is not exclusive (RCW 12.40.010). If your claim is larger than the limit, you can file it as a regular civil case instead.

What you can sue for and who can file

Washington small claims is for money only. You can ask the judge to award what you lost, such as an unreturned deposit, an unpaid bill or the cost of a repair, but not to order someone to do something.

According to the court brochure, any individual, business, partnership or corporation can sue, with a few exceptions. Two limits matter most:

• The real claimant must bring the claim. Under RCW 12.40.070, "A claim must be verified by the real claimant, and no claim shall be filed or prosecuted in the small claims department by the assignee of the claim." A debt buyer or anyone else who bought or was assigned the claim cannot use small claims.
• You cannot sue the State. The brochure says: "The State of Washington may not be sued in a small claims action."

Every claim also has a filing deadline. The court brochure notes that time limits under chapter 4.16 RCW range from one to ten years depending on the claim. Check the Washington statute of limitations for your type of claim, or estimate it with our statute of limitations calculator. If your dispute is over a rental deposit or repairs, Washington landlord-tenant laws explains the underlying rules.

How much it costs to file

The filing fee is set by statute. RCW 12.40.020 says: "A filing fee of thirty-five dollars plus any surcharge authorized by RCW 7.75.035 shall be paid when the claim is filed." The surcharge varies by county, which is why the court brochure says the fee "will be either $35 or $50 depending on whether the county where the case is filed supports a dispute resolution center."

If you win, your filing and service costs are added to the judgment. A private process server may charge more, but as court costs you can recover only the fee allowed under RCW 36.18.040 (RCW 12.40.045).

Fee waivers. Washington General Rule 34 lets "Any individual, on the basis of indigent status as defined herein," seek a waiver of filing fees or surcharges. Ask the clerk for the fee waiver form when you file. King County District Court, for example, tells filers they may request a fee waiver.

Can you bring a lawyer?

Only with the judge's permission. RCW 12.40.080(1) says no attorney, legal paraprofessional, "nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case." The court brochure puts it plainly: attorneys and paralegals cannot appear for or help either side "unless the judge grants permission."

So it is not quite accurate to say lawyers are banned; they need the judge's consent. A corporation may not be represented by an attorney or legal paraprofessional in small claims except in the narrow situation described in RCW 12.40.025, where a defendant transfers an existing district court case into small claims after the plaintiff's attorney has already appeared.

Where to file

In general, you file in the district court of the county where the defendant lives. The court brochure says: "In general, the claim must be filed in the district court of the county in which the defendant/s (person being sued) reside."

RCW 3.66.040 sets out exceptions. For example, a tort claim may also be filed where the cause arose, a claim for possession of personal property where the property is, and if a defendant's residence is unknown, the statute allows filing where the defendant works. If you are not sure which county's district court is right, ask the clerk before you file.

Serving the defendant

After you file, the court issues a notice of claim, and you must have it served on the defendant. Under RCW 12.40.040, the notice can be served the same way as a summons in a civil case (handed to the defendant personally or left at their home with a suitable person, under RCW 4.28.080), or by registered or certified mail with a signed return receipt that you file with the court.

Key rules:

• You cannot serve it yourself. The court brochure says the server must be an adult who is not a party, or the county sheriff or a deputy.
• Timing. "Service must be complete at least ten calendar days prior to the first hearing" (RCW 12.40.040). Serve promptly after filing.
• Nothing else in the envelope. No other legal document may be served with the notice of claim, though court information may go with it.

The statute and brochure do not say what happens if service fails before the hearing date. Ask the clerk how to get a new hearing date and try again.

Mediation and pretrial hearings

You do not always go straight to trial. RCW 12.40.030 says: "A trial need not be held at the first hearing, if dispute resolution services are offered instead of trial, or local practice rules provide for a pretrial hearing." Whether your county supports a dispute resolution center is also what decides whether your filing fee is $35 or $50. Check your district court's local rules or the notice of claim to see what your first hearing will be.

If you are the defendant

You do not have to file a written answer. The notice of claim tells you to appear in person on the hearing date. Under a 2025 amendment to RCW 12.40.060, the notice warns that if you do not appear, judgment "may" be entered against you.

As the Federal Trade Commission warns, "Don't ignore a lawsuit, or you might lose the chance to fight a court order." If you do not appear, the plaintiff can get a judgment for the claim they prove in court, plus costs, once they show the notice was served. Before entering a default judgment, the court must also require the plaintiff to file an affidavit stating whether the defendant is in military service, under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3931).

Counterclaims. You can file a counterclaim against the plaintiff by paying the $35 fee plus any county surcharge and serving notice of it on the plaintiff.

Claims over the limit. Filing a counterclaim bigger than the small claims limit does not move the case out of small claims. RCW 12.40.027 says: "No defendant or third party defendant may remove a small claims case from small claims court as a matter of right by merely filing a claim or counterclaim or other request for relief that is beyond the jurisdiction of the small claims court." Instead, you can bring the larger claim as a separate superior court case at the same time. The small claims decision does not bind that separate case, and if the small claims case is appealed, the two are joined. The court may transfer a case after notice and a hearing.

The hearing

Small claims hearings in Washington are informal. There are no formal pleadings beyond the claim and the notice, and the judge has wide room to get at the facts. RCW 12.40.080(3) says the judge "may informally consult witnesses or otherwise investigate the controversy between the parties and give judgment or make such orders as the judge may deem to be right, just, and equitable for the disposition of the controversy."

You can bring witnesses who come to the trial with you. Bring the documents that prove your claim: the contract, receipts, repair estimates, photos, texts and emails, and bring copies.

If the plaintiff does not show up, the claim is dismissed. A plaintiff with good cause can generally start over.

Appeals

Either party can appeal a small claims judgment to the superior court of the county, with limits on small amounts:

• Very small cases cannot be appealed. Cases where the amount in controversy is under $250 cannot be appealed (RCW 12.36.010; RCW 12.40.120). The two statutes word the cut-off differently, so if your case is close to $250, ask the clerk.
• The party who brought a small claim may be barred. RCW 12.40.120 bars an appeal by a party who brought a claim or counterclaim "where the amount claimed by that party was less than one thousand dollars."

Deadline and steps. RCW 12.36.020 requires the appealing party to "file a notice of appeal in the district court, pay the statutory superior court filing fee, post the required bond or undertaking, and serve a copy of the notice of appeal on all parties of record within thirty days after the judgment is rendered or decision made."

A county, city, town or school district does not have to post the bond. The district court clerk sends the case record to superior court within 14 days after the appeal is filed there, and the superior court hears the case de novo on the record of the case entered by the district court (RCW 12.36.050, 12.36.055). A superior court judge or a duly appointed commissioner decides it.

Missed the hearing? Setting aside a default

A party in default "may seek to have the default judgment set aside according to the civil court rules applicable to setting aside judgments in district court" (RCW 12.40.120). The small claims chapter does not set its own deadline, but the district court civil rules do: a default judgment may be set aside under CRLJ 55(c) and CRLJ 60(b), and the motion must be made within a reasonable time and, for mistake, inadvertence, surprise or excusable neglect, not more than 1 year after the judgment was entered. Act quickly and ask the district court clerk for the motion form.

Collecting your judgment

Winning does not guarantee payment, and the court does not collect for you. Here is how collection works in Washington:

• When collection can start. The judgment is certified as a district court civil judgment. "If the losing party fails to pay the judgment within thirty days after such entry, garnishment, execution, and other process on execution provided by law may issue thereon" (RCW 12.40.105). If the debtor is in court, the judge can order a payment plan.
• What gets added. The judgment grows by the RCW 36.18.012(2) amount, post-judgment interest, and enforcement costs, including reasonable attorney fees, without regard to the small claims limits (RCW 12.40.105).
• A lien on real property. If the loser has not paid within 30 days after the judgment is entered on the district court docket, you can file a transcript or certified copy of the judgment with the superior court for its lien docket (RCW 12.40.105(4)). The superior court filing fee for a transcript of a district court judgment is $20 (RCW 36.18.012(2)).
• Interest. The rate depends on the type of judgment under RCW 4.56.110. A judgment on a written contract can carry the contract rate if the judgment states it, a judgment founded on the tortious conduct of an individual or business carries two percentage points above the prime rate (a tort judgment against a public agency uses a Treasury bill rate instead), and a consumer-debt judgment carries 9%. Other judgments "bear interest from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of entry thereof" (RCW 4.56.110(6)).
• How long it lasts. Execution and garnishment can issue for 10 years after the judgment is entered. Within the 90 days before it expires, you can apply to extend it for another 10 years (RCW 6.17.020). If you filed a transcript of the judgment in superior court, the district court judgment itself cannot be extended; instead, petition the superior court within the 90 days before the 10-year period measured from the date the transcript was filed there expires (RCW 6.17.020(3)).
• Marking it paid. Once the judgment is paid, the winner must file a satisfaction with every court where the judgment was filed. If the winner does not, the person who paid can file a notice (RCW 12.40.130).

Some property and income are protected. Washington's exemptions are in chapter 6.15 RCW; see Washington debt collection laws before you plan a garnishment or if you are the one being collected from. Federal law also protects Social Security benefits from "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)) and VA benefits from creditors' claims (38 U.S.C. § 5301(a)(1)), and caps wage garnishment for ordinary debts at the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage per week (15 U.S.C. § 1673(a)).

Forms and court help

• An Introduction to Small Claims Court, the Washington courts' brochure (updated October 2025).
• Chapter 12.40 RCW, Small Claims, the full statute.
• Chapter 12.36 RCW, Appeals from district court.
• King County District Court small claims, one county's filing instructions. Other counties post their own.

Related

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

Disclaimer: This article provides general legal information about the small claims department of Washington district courts under chapter 12.40 RCW and related Washington statutes and court rules, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your district court's clerk or self-help resources, a legal aid office, or a lawyer licensed in Washington.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Washington?

$10,000 if the person suing is a natural person and $5,000 for all other plaintiffs, such as businesses, partnerships and corporations (RCW 12.40.010).

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

No. The small claims department hears claims only up to $10,000 for individuals (RCW 12.40.010). Small claims jurisdiction is not exclusive, so a larger claim can be filed as a regular civil case instead.

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

$35 plus any county surcharge under RCW 7.75.035 (RCW 12.40.020). The Washington courts' brochure says the total is $35 or $50, depending on whether the county supports a dispute resolution center.

Can a lawyer represent me in small claims in Washington?

Only if the judge consents. RCW 12.40.080(1) bars attorneys, legal paraprofessionals and anyone other than the plaintiff and defendant from taking part without the consent of the judicial officer hearing the case.

Can a debt buyer sue me in Washington small claims court?

Not as an assignee. RCW 12.40.070 requires the claim to be verified by the real claimant and bars any claim filed or prosecuted by the assignee of the claim.

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

30 days after the judgment is rendered. Within that time you must file a notice of appeal in the district court, pay the superior court filing fee, post the bond and serve all parties (RCW 12.36.020).

Can I serve the small claims papers myself in Washington?

No. The court brochure says the notice of claim must be served by an adult who is not a party or by the sheriff or a deputy, and RCW 12.40.040 allows personal or abode service or registered or certified mail with a signed return receipt.

How long is a Washington small claims judgment good for?

Execution and garnishment can issue for 10 years after entry, and you can apply in the last 90 days to extend it for another 10 years (RCW 6.17.020).