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Wyoming Small Claims Court: $6,000 Limit, $10 Fee, How to File

Independently fact-checkedBy Recording Law Editorial Team14 min read

Independently fact-checked against primary sources (last audited October 7, 2026). · 20 primary sources cited on this page. How we verify our legal content

Wyoming Small Claims Court: $6,000 Limit, $10 Fee, How to File

Wyoming's small claims limit is $6,000. Under W.S. § 1-21-201, the small claims procedure covers civil cases "in which the amount claimed, exclusive of costs, does not exceed six thousand dollars ($6,000.00)." The filing fee is $10 (W.S. § 5-9-135).

Small claims cases are heard in the circuit court of each county, which has exclusive original jurisdiction over them (W.S. § 5-9-128(a)(iv)). The hearing is informal, there is no jury, and you do not need a lawyer. Before you file, the law requires that you have already asked the other side to pay. This guide walks through a Wyoming 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 Wyoming circuit courts under W.S. §§ 1-21-201 through 1-21-205, the filing fee in W.S. § 5-9-135, and the Wyoming Rules and Forms Governing Small Claims Cases. It does not cover evictions, regular civil cases on the circuit court docket, or small claims in other states.

Wyoming small claims limit: $6,000

The limit is $6,000, exclusive of costs, for any plaintiff: individuals, businesses and government bodies alike. The Wyoming Judicial Branch's small claims page puts it this way: "Small Claims Court is for money damages or debts up to $6,000.00. That is the most you can receive."

We could not confirm the date the $6,000 figure took effect, and we found no 2025 or 2026 bill changing it. The court's small claims forms were revised in November 2024 and still show $6,000.

If your claim is bigger than $6,000

The court's page: "If your claim is for more than the limit, you must: Give up your right to receive more money; or File your suit in another court." If you choose small claims, plan on giving up the amount over $6,000.

The other option is the circuit court's regular civil docket, which hears cases of up to $50,000, exclusive of court costs (W.S. § 5-9-128(a)(i)). That is a formal lawsuit, and its filing fees are higher: a $20 filing fee, a $40 court automation fee and a $10 indigent civil legal services fee (W.S. § 5-9-135).

We found no per-year limit on the number of small claims you can file, and no explicit rule on splitting a claim in the statute or the small claims rules.

Filing deadlines

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

Who can file, and the demand requirement

Under W.S. § 1-21-202(a), the state, any governmental entity, any natural person, corporation, partnership, association or other organization may file a small claims case. You start it with a sworn affidavit (Form SC 01) stating:

  • The defendant's full address,
  • The nature of the claim,
  • The amount due, and
  • That you have demanded payment and the defendant refused.

The demand is required. The court's instructions for the affidavit say that if you cannot honestly check the demand-and-refusal boxes, your case does not qualify for small claims. The instructions also note that the law does not define what counts as a demand. A written request for payment that you keep a copy of is a sensible way to show it.

Typical cases include an unpaid loan or invoice, property damage, poor or unfinished work, or a security deposit a landlord kept. For the deposit rules, see our Wyoming landlord-tenant laws guide.

We did not find a Wyoming statute, rule or court page that lists case types excluded from small claims, sets an age requirement, or addresses whether a collection agency or assignee may sue. Ask the clerk if your case is unusual.

Filing fee and other costs

ItemCostSource
Filing a small claims case$10W.S. § 5-9-135; Small Claims Rule 3
Service of each summons (certified mail, or a sheriff or private process server)Varies; ask the clerkW.S. § 1-21-203(a); SC 02
Each new (alias) summons if service failsA separate service fee each attemptCourt small claims page
Copies at the clerk's officeAt least $1 per pageSC 01a instructions

W.S. § 5-9-135 sets the small claims fee at "ten dollars ($10.00)," and excludes small claims from the higher fees charged for regular circuit court cases. If you win by default, the court's page says the judgment includes your court costs: the $10 filing fee plus the service fees you paid.

Fee waiver. If you cannot afford the filing fee or the sheriff's service fee, you can ask the court to waive them with the Judicial Branch's Affidavit of Indigency and Request for Waiver of Fees and Cost (form MISC 11; instructions in MISC 10). There is no fee to file it. If the judge denies the request, you will need to pay the fees.

Lawyers and business representation

You do not need a lawyer. The court's page: "No, you are not required to have a lawyer for Small Claims Court. There will be a hearing before a Judge. There is no jury. However, you may have a lawyer if you wish."

W.S. § 1-21-202(b) lets the state, governmental entities, individuals, corporations, partnerships, associations and other organizations appear "in person or through authorized employees, with or without an attorney, provided that if an attorney appears, the opposing party is entitled to a continuance for the purpose of obtaining an attorney of its own." A business can therefore send an authorized employee rather than a lawyer.

The Legal Aid of Wyoming hotline, listed on the court's page, is 1-877-432-9955.

Where to file

Small Claims Rule 4, as amended effective December 1, 2021: "A defendant in small claims actions may be sued in the county in which the defendant has an address or where the cause of action or some part thereof arose." W.S. § 1-5-104(b) also allows small claims to be brought where the cause of action or some part of it arose.

The court's small claims page still says "The Defendant must be located in the county where you are filing," which reflects the rule before 2021. If your claim arose in a different county from where the defendant lives, confirm venue with the clerk before you file.

You can fill out the small claims affidavit with the court's guided form interview or download Form SC 01 and its instructions.

Serving the defendant

The court arranges service. Under W.S. § 1-21-203(a), the court has the summons served as provided by law or, if the defendant lives in Wyoming, by certified mail, return receipt requested. The court's current summons form (SC 02, rev. November 2024) offers certified mail or a sheriff or process server, and its SC 05 instructions say "the Court is responsible for making sure these documents are given to the Defendant."

papers being handed over at a front door

W.S. § 1-21-204, as amended effective July 1, 2021, says: "The date of appearance of the defendant as provided in the summons shall be not more than twenty (20) days nor less than twelve (12) days from the date of service of the summons." The Judicial Branch's small claims web page still describes in-person service in "a nine-day window (3 to 12 days)," which was the rule before 2021. Go by the dates on your summons, and ask the clerk which service method your court uses.

If service fails, ask the clerk for an alias summons with a new court date. Each attempt carries its own service fee. Form SC 05 has the court's instructions for the summons and service.

If you are the defendant

No answer is required. Small Claims Rule 5: "No answer nor responsive pleading shall be required in small claims actions." What matters is showing up at the hearing.

If you do not appear. The summons tells you that you do not have to appear, but that judgment may be entered if you do not. When a defendant is absent, the court's page says the plaintiff is sworn and testifies, and the judge usually enters a default judgment for the amount claimed, up to $6,000 plus costs.

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)).

Counterclaims, removal and reopening a default. We found nothing in the small claims statutes, the small claims rules or the court's page on counterclaims or on moving a small claims case to another court, and we did not research how to set aside a default judgment. If you have your own claim against the plaintiff, or a default was entered against you, ask the clerk or Legal Aid of Wyoming right away.

The hearing

A circuit court judge or magistrate hears the case. There is no jury. The court's page says most cases are set within about a month, and some courts hear small claims only on certain weekdays.

Small Claims Rule 6 keeps the hearing informal. Strict rules of evidence do not apply; irrelevant, immaterial or unduly repetitious evidence is excluded; and "Hearsay that is probative, trustworthy and credible may be received into evidence."

  • Bring three copies of each document or photo: one for the judge, one for you, one for the other party.
  • Subpoenas. Get them from the clerk. They must be served at least 5 days before trial, you need the witness's exact physical address, and the server charges a fee.
  • If the plaintiff does not appear, the case is dismissed.

Prejudgment attachment and garnishment are not available in small claims (W.S. § 1-21-205), so the defendant's property cannot be tied up before the judgment.

Appeals

Small claims judgments can be appealed to district court, but the review is narrow. Small Claims Rule 7: "Appeals of small claims actions to district court shall be processed pursuant to W.R.A.P. and only on questions of law and not for a review of the sufficiency of evidence." Either party may appeal: the court's SC 07 guide says both parties have 30 days. File the notice of appeal, with the required fees, at the circuit court that issued the judgment (W.R.A.P. 2.01(a)), and serve a copy on the other side.

  • Deadline. The notice of appeal is due "within 30 days from entry of the appealable order" (W.R.A.P. 2.01(a)). Missing it is serious; an application for more time based on excusable neglect must be made within 45 days of entry.
  • Review on the record. The district judge reviews the circuit court record (W.S. § 5-9-141).
  • Stopping collection. A stay of execution during the appeal requires a bond (W.S. § 5-9-142).

We did not confirm the appeal filing fee or bond amounts; the circuit court clerk can tell you.

Because the district court does not re-weigh the evidence, the small claims hearing is your one real chance to prove the facts.

Collecting a Wyoming small claims judgment

Winning a judgment does not guarantee payment, and the court does not collect the money for you. The court's page says the losing party has 30 days to pay, and suggests contacting the debtor first.

receipts and a calculator used to add up damages

Interest. W.S. § 1-16-102: "all decrees and judgments for the payment of money shall bear interest at ten percent (10%) per year from the date of rendition until paid." If the judgment is based on a contract that set a different rate all parties agreed to, that rate applies.

Collection tools described by the Wyoming Judicial Branch:

  • Abstract of judgment. Recording it with the county clerk creates a lien on the debtor's non-exempt real estate in that county (W.S. § 1-17-302). Filing a transcript in district court lets a circuit court judgment become a lien in other counties (W.S. §§ 1-17-304 and 1-17-306).
  • Writ of garnishment to reach bank accounts.
  • Continuing garnishment of wages, valid for 90 days.
  • Writ of execution on personal property. The sheriff seizes it and sells it at public auction at least 10 days after notice.
  • Post-judgment discovery to find out what the debtor owns.

Garnishment after judgment is available "as prescribed by law for circuit court" (W.S. § 1-21-205). For how much of a paycheck can be taken and what is exempt, see our Wyoming debt collection laws guide and the court's enforcement of judgments handout. 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)).

Keep the judgment alive. A Wyoming judgment becomes dormant, and stops being a lien, if no execution issues within five years of the judgment or of the last execution (W.S. § 1-17-307). A dormant judgment can be revived by motion, but an action to revive it is barred 10 years after it goes dormant (W.S. §§ 1-16-502 and 1-16-503).

Claims against the federal government

A claim against a federal agency, or a federal employee acting on the job, is not a Wyoming 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

Disclaimer: This article provides general legal information about small claims in Wyoming under W.S. §§ 1-21-201 through 1-21-205, the Wyoming Rules and Forms Governing Small Claims Cases, and the other Wyoming 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 circuit court clerk, Legal Aid of Wyoming, or a lawyer licensed in Wyoming.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Wyoming?

$6,000, exclusive of costs, under W.S. § 1-21-201. It applies to individuals, businesses and government bodies alike.

Can I sue for more than $6,000 in Wyoming small claims?

No. The court says you must either give up the amount over $6,000 or file in another court, such as the circuit court civil docket, which hears cases up to $50,000.

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

$10 under W.S. § 5-9-135, plus the cost of serving each defendant, which depends on whether the court uses certified mail or a sheriff or process server; ask the clerk.

Do I have to ask for payment before suing in Wyoming small claims?

Yes. The small claims affidavit must state that you demanded payment and it was refused (W.S. § 1-21-202(a)).

Can I have a lawyer in Wyoming small claims court?

Yes, though one is not required. If one side brings a lawyer, the other side is entitled to a continuance to get its own (W.S. § 1-21-202(b)).

Does the defendant have to file an answer in Wyoming small claims?

No. Small Claims Rule 5 says no answer or responsive pleading is required, but a defendant who does not appear can lose by default.

Can I appeal a Wyoming small claims judgment?

Yes, to district court within 30 days of entry, but only on questions of law, not to review the evidence (Small Claims Rule 7; W.R.A.P. 2.01(a)).

What is the interest rate on a Wyoming judgment?

10% per year from the date of judgment under W.S. § 1-16-102, unless the judgment rests on a contract with a different agreed rate.

How long is a Wyoming small claims judgment good for?

It goes dormant if no execution issues within five years (W.S. § 1-17-307). A dormant judgment can be revived, but not more than 10 years after it went dormant.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Wyoming Statutes Title 1 (W.S. §§ 1-21-201 to 1-21-205, small claims)(wyoleg.gov).gov
  2. Wyoming Statutes Title 5 (W.S. §§ 5-9-128, 5-9-135, circuit courts)(wyoleg.gov).gov
  3. Wyoming Judicial Branch, Small Claims(wyocourts.gov).gov
  4. Wyoming Judicial Branch, SC 01 Small Claims Affidavit (rev. Nov 2024)(wyocourts.gov).gov
  5. Wyoming Judicial Branch, SC 01a Instructions for Small Claims Affidavit (rev. Nov 2024)(wyocourts.gov).gov
  6. Wyoming Rules and Forms Governing Small Claims Cases(wyocourts.gov).gov
  7. Wyoming Judicial Branch, SC 05 Instructions for Summons and Service (rev. Nov 2024)(wyocourts.gov).gov
  8. 50 U.S.C. § 3931, Protection of servicemembers against default judgments(govinfo.gov).gov
  9. Wyoming Rules of Appellate Procedure (2024)(wyocourts.gov).gov
  10. Wyoming Judicial Branch, Enforcing a Money Judgment(wyocourts.gov).gov
  11. Wyoming Judicial Branch, Enforcement of Judgments handout (Rev. May 2025)(wyocourts.gov).gov
  12. 42 U.S.C. § 407, Social Security benefits protected from legal process(govinfo.gov).gov
  13. 38 U.S.C. § 5301, VA benefits exempt from creditors(govinfo.gov).gov
  14. 28 U.S.C. § 2675, Federal tort claims: administrative claim first(govinfo.gov).gov
  15. 28 U.S.C. § 2401, Two-year deadline for federal tort claims(govinfo.gov).gov
  16. 28 U.S.C. § 1346, District court jurisdiction over claims against the United States(govinfo.gov).gov
  17. Wyoming 2021 Enrolled Act 30 (SF0110), amending W.S. 1-21-203 and 1-21-204(wyoleg.gov).gov
  18. Wyoming Judicial Branch, Form SC 02 Small Claims Summons (rev. Nov 2024)(wyocourts.gov).gov
  19. Wyoming Judicial Branch, MISC 10 Instructions for Waiver of Fees (May 2025)(wyocourts.gov).gov
  20. Wyoming Judicial Branch, SC 07 Understanding a Judgment and Order (rev. Nov 2024)(wyocourts.gov).gov
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