Small Claims Legal Forms: 50-State Survey

Many people may not want to invest substantial resources in litigating a minor dispute. Hiring an attorney, gathering evidence, and attending a series of hearings can be a protracted and expensive process. In these situations, small claims court may offer an efficient, cost-effective alternative. These proceedings usually involve relaxed rules of evidence and procedure. The plaintiff and the defendant present their case to a judge or magistrate, who usually will reach a decision after one or two hearings. Attorneys usually are not required and may not even be allowed in some states. This can make the proceedings more accessible to ordinary people and level the playing field between the parties.

However, there are certain disadvantages to resolving a case through small claims court. The losing party may have limited or no rights to appeal the decision in some states. The plaintiff generally cannot recover more than the dollar amount provided by the court’s jurisdictional limit, although some states provide for exceptions. There is no right to a jury trial in small claims court in many states. Certain forms of relief, such as injunctions or punitive damages, may not be available in some states. A party thus should understand the restrictions of small claims court before choosing whether to proceed in this forum or pursue a case in regular trial court.

Click on a state below for information about small claims court procedures in that state, as well as links to forms that you may need if you are involved in a small claims case.

Alabama

• Dollar limit: $6,000
• Where to file: The Small Claims Division of the District Court in the county where the defendant lives or maintains an office
• Right to appeal: Yes, within 14 days

A person who files or defends a case in an Alabama small claims court must be at least 19 years old (or emancipated) and mentally competent. The case starts when the plaintiff files a statement of claim (complaint) with the clerk of the court and pays a filing fee. The defendant must respond by filing an answer within 14 days of receiving the complaint. Sometimes the plaintiff and the defendant can settle the case through a written agreement without a trial. If the case goes to trial, each side can present their claim or defense to a judge, using documents and witnesses. The case will be dismissed if the plaintiff does not appear, but the judge can decide the case based on the plaintiff’s evidence if the defendant does not appear.

Alaska

• Dollar limit: $10,000
• Where to file: The district court nearest to where the defendant lives or works; also, if the case is based on personal injury or property damage, the place where the injury or damage occurred; if the defendant is a business, any place where it conducts or solicits business
• Right to appeal: Yes, within 30 days

Anyone who is 18 or older may file a case in Alaska small claims court, and a person under age 18 may file with the assistance of a parent or guardian. Businesses such as corporations, partnerships, and LLCs also may file in small claims court. Any business or any person who is 18 or older may be sued in small claims court, as well as landlords living outside Alaska and drivers of vehicles that were involved in accidents in Alaska. A party generally does not need a lawyer in small claims court, with limited exceptions, but they can hire a lawyer if they choose. Nobody other than a lawyer may represent a party in small claims court, even if a power of attorney exists, except that a parent or guardian may represent a minor.

Arizona

• Dollar limit: $3,500, excluding interest and costs
• Where to file: Generally the justice court precinct where the defendant resides, except as provided by Arizona Revised Statutes Section 22-202
• Right to appeal: No

An Arizona small claims case starts when the plaintiff files a complaint that concisely states the reason for suing the defendant. The complaint also must state what the plaintiff wants the judge to do, such as ordering the defendant to pay a certain amount of money. A complaint may not be amended once it is filed. The defendant must be served with the complaint and summons, and proof of service must be filed within 45 days of filing the complaint. The defendant must file an answer within 20 days of service, or the court may rule for the plaintiff. The court will hold a hearing within 60 days from when the answer is filed. Neither party can hire an attorney to represent them unless both parties agree to this arrangement in writing.

Arkansas

• Dollar limit: $5,000
• Where to file: The county where the defendant currently resides or the county where the defendant was supposed to perform an obligation
• Right to appeal: Yes, within 30 days

Any person who is 18 or older can file an Arkansas small claims case, and a minor can have a parent, relative, or next friend file the claim and attend the hearing on their behalf. The case starts when the plaintiff submits a complaint that describes the amount of money being claimed or the property to be recovered, as well as the reasons why the plaintiff believes that the defendant owes this money or property. The defendant can respond through an answer, usually within 30 days from when the defendant receives service of the complaint. The court may enter a default judgment for the plaintiff if only the plaintiff appears at the hearing, while the court may dismiss the plaintiff’s complaint if only the defendant appears.

• Small Claims Court in Arkansas, Arkansas Legal Services (contains forms)
• Arkansas Small Claims Forms, US Legal Forms ($)

California

• Dollar limit: Generally $10,000 for individuals (but see below); $5,000 for businesses
• Where to file: Generally the county where the defendant lives or does business, or sometimes the county where certain events related to the claim occurred
• Right to appeal: Defendant only (unless a plaintiff is appealing a ruling on a defendant’s counterclaim), within 30 days

To pursue a California small claims case, the plaintiff generally must be able to serve the defendant in California. A plaintiff cannot sue more than twice in small claims court in the same calendar year for an amount greater than $2,500. Parties are not allowed to hire attorneys to represent them in small claims court hearings. To start the case, a plaintiff will need to complete a form known as a plaintiff’s claim and order to go to small claims court, possibly supplemented by a declaration. After serving the defendant, a plaintiff must file the proof of service with the court at least five days before the hearing. A plaintiff must attend the hearing, or the judge may dismiss their complaint and rule against them on any counterclaim brought by the defendant.

Colorado

• Dollar limit: $7,500, excluding interest and costs
• Where to file: Generally the county where the defendant lives, where the defendant is regularly employed, or where the defendant has an office for business
• Right to appeal: Yes, within 14 days

To start a Colorado small claims case, a plaintiff must file a notice, claim, and summons to appear for trial with the clerk of the county court. The filing fee will depend on the amount of the claim. The defendant must be served with the papers at least 15 days before the trial. A defendant may respond by completing a written answer, which is a defense to the plaintiff’s claim, or by completing both an answer and a counterclaim, which is a separate claim against the plaintiff. In some cases, a small claims dispute must proceed through mediation before reaching a trial. If the case reaches a trial, each side can present documentary evidence and witness testimony. A party may ask the judge to subpoena a witness who refuses to appear.

Connecticut

• Dollar limit: Generally $5,000 (does not apply to landlord - tenant security deposit cases)
• Where to file: For individual plaintiffs: the city or town where the plaintiff or the defendant lives, where the defendant’s business is located, or where the transaction or injury occurred; for business plaintiffs: the city or town where the defendant lives or does business, or where the transaction or injury occurred
• Right to appeal: No

Common types of claims heard in Connecticut small claims courts include minor car accidents, contract disputes, unpaid rent, security deposits, property damage, and unpaid medical bills. Generally, these cases are heard by magistrates, who are lawyers appointed by the Chief Court Administrator, but sometimes a judge or a judge trial referee will hear a case. Sometimes a magistrate may decide a case without a trial. An out-of-state plaintiff may file in Connecticut, but an out-of-state defendant may be sued in Connecticut only if they own property there. A plaintiff will start a case by filing a small claims writ and notice of suit, which must be served to the defendant. The clerk of court will set a deadline by which the defendant must file an answer.

Delaware

• Dollar limit: Generally $25,000
• Where to file: Generally a justice of the peace court (the Delaware court for small claims) in the county where the defendant resides; the justice of the peace court nearest to the rental property and in the county where the property is located in a landlord - tenant summary possession case
• Right to appeal: Yes, generally within 15 days (5 days for summary possession cases)

An individual may appear in a Delaware small claims case without representation by an attorney, but a corporation, public body, or other entity may appear without a lawyer only after filing a certificate of representation and meeting other requirements. A plaintiff will be able to collect from a defendant only if their name exactly matches the name that appears on the complaint. The complaint will vary depending on whether the plaintiff is suing for a debt, property damage, the return of property, or summary possession (an eviction). Once the defendant has been served with the complaint, the court will determine the trial date. If the plaintiff does not appear and does not get a continuance, their case may be dismissed.

District of Columbia

• Dollar limit: $10,000
• Where to file: The Small Claims Clerk’s Office in Court Building B of the DC Superior Court
• Right to appeal: Generally not, unless a party can show that a case presents a question of law that has not been but should be decided by the DC Court of Appeals

A plaintiff can start a District of Columbia small claims case by filing a statement of claim that describes why the plaintiff is suing the defendant and provides dates and places that are important to the claim. If the claim hinges on a document, such as a contract or promissory note, the plaintiff must include a copy of that document as well. If a plaintiff requests a jury trial, their case will be shifted to the Civil Division of the DC Superior Court. Any person who is 18 or older and mentally competent can file a small claims case, while someone who is under 18 or incompetent can sue through a representative or next friend. An individual does not need a lawyer, but a business must hire a lawyer to sue in small claims court.

Florida

• Dollar limit: $8,000, excluding costs, interest, and attorneys’ fees
• Where to file: The county where a defendant resides, the county where the events giving rise to the case occurred, any location provided by a contract, or certain other locations depending on the type of case, as provided by Rule 7.060(a) of the Florida Small Claims Rules
• Right to appeal: Yes, within 30 days (10 days to request a rehearing)

A Florida small claims case starts when a plaintiff files a statement of claim in an appropriate venue and pays a filing fee. Once the statement of claim has been filed, the defendant will be served with a summons that provides the hearing date. In some cases, the parties may be required to go to mediation in an effort to resolve their dispute. A court also may try to resolve a dispute through a pre-trial conference rather than a full trial. In addition to responding to the plaintiff’s statement of claim, a defendant may file a counterclaim against the plaintiff or a complaint against a third party. Procedural rules and court costs may vary by county. A court will not collect the damages awarded to a prevailing plaintiff on their behalf.

• Florida Small Claims Rules, Florida Bar (contains forms)

Georgia

• Dollar limit: Generally $15,000
• Where to file: Generally the magistrate court in the county where the defendant lives (the county of the registered agent for the defendant if it is a corporation, or the county where the defendant is physically located if it is an unincorporated business)
• Right to appeal: Yes, within 30 days

A plaintiff may start a Georgia small claims case by filing a statement of claim with the clerk of the appropriate court, describing the reason for the lawsuit and the damages (money or property) that the plaintiff is seeking. A plaintiff also should provide copies of documents relevant to the case, such as contracts or receipts. A defendant must file their answer within 30 days of receiving service of the claim or within 45 days if they pay court costs. Otherwise, the plaintiff can ask for a default judgment. The defendant also can file a counterclaim against the plaintiff in the magistrate court if it is related to the plaintiff’s original claim, and the defendant is seeking less than $15,000. A court has the discretion to order mediation before a hearing.

• Forms, Georgia Council of Magistrate Court Judges
• Georgia Small Claims Forms, US Legal Forms ($)

Hawaii

• Dollar limit: Generally $5,000 (does not apply to landlord - tenant security deposit cases); $40,000 for counterclaims
• Where to file: Generally in the geographical division of the district court where the defendant resides, or the division where the claim for relief arose if the defendant does not reside in the same judicial circuit as the plaintiff; if the claim arose outside the plaintiff’s judicial circuit, any division where the defendant can be found
• Right to appeal: No

A party in Hawaii small claims court may be represented by an attorney, except in cases involving a security deposit, but each party generally will be responsible for paying their own attorneys’ fees. The plaintiff must file a statement of claim and serve this document, together with a notice of the court date, to the defendant. A defendant does not need to answer the plaintiff’s statement of claim in writing. Instead, they may verbally admit or deny the claim at the trial. The case may be dismissed if the plaintiff does not appear at the trial, while the plaintiff may receive a default judgment in their favor if the defendant does not appear at the trial. However, the court still may require the plaintiff to present evidence supporting their claim.

Idaho

• Dollar limit: $5,000
• Where to file: The county where the defendant lives or where the events giving rise to the claim occurred
• Right to appeal: Yes, within 30 days

An Idaho small claims case starts when a plaintiff completes a claim and summons, which will be served to the defendant. If the defendant wants to contest the claim, they must file an answer within 21 days. If the defendant does not file an answer, the plaintiff can ask the court for a default judgment. If the case goes to a trial, each party can present evidence supporting their position, including contracts, receipts, invoices, photos, witness testimony, or written statements from witnesses. A lawyer cannot represent a party in a small claims court hearing, although they can assist a party before and after the trial or during an appeal. If the plaintiff wins, the court will issue a judgment, but the court will not collect a money judgment on their behalf.

Illinois

• Dollar limit: $10,000 plus costs
• Where to file: Generally the county where the defendant resides or where the transaction or injury that gave rise to the case occurred; a county where the defendant does business if it is a private corporation, or the county where the defendant’s principal office is located if it is a public corporation
• Right to appeal: Yes, generally within 30 days

Any person or corporation that is doing business in Illinois can be a plaintiff or a defendant in an Illinois small claims case, although a minor may need to have a guardian appointed for them. Common types of cases heard in small claims court include evictions, contract disputes, minor personal injury cases, and repossessions of property. A party does not need to hire an attorney but may hire an attorney if they choose. The complaint to start the case must state the damages that the plaintiff is seeking and explain why they are suing the defendant. Each party can present testimony from witnesses (possibly including expert witnesses) and documents that support their position, such as contracts, rental agreements, receipts, and order forms.

• Small Claims Complaint Forms, Illinois Supreme Court
• Illinois Small Claims Forms, US Legal Forms ($)

Indiana

• Dollar limit: $8,000
• Where to file: Generally the county where the defendant resides or is employed, where the transaction or occurrence leading to the lawsuit occurred, or where the obligation leading to the lawsuit was incurred or is to be performed
• Right to appeal: Yes, within 30 days

A plaintiff starts an Indiana small claims case by completing a notice of claim form, which briefly states the nature and amount of their claim against the defendant. The defendant will be served notice of the case at least 10 days before the trial. A defendant may file a counterclaim against the plaintiff, which must be received at least seven days before the trial. A defendant also may file a third-party claim if they believe that someone else should be responsible to them for the plaintiff’s claim. Either party may ask the court to order the other party to disclose information that is necessary to prepare a claim or defense. There is no right to a jury trial in small claims court. The case will be transferred to regular court if the defendant properly requests a jury trial.

Iowa

• Dollar limit: $6,500
• Where to file: Generally the county where the defendant lives or does business; Iowa venue rules apply as they do to ordinary civil cases
• Right to appeal: Yes, within 20 days

A plaintiff starts an Iowa small claims case by filing a form known as an original notice and having it served on the defendant. In most cases, the defendant must file their answer within 20 days of receiving service of the original notice. A defendant also may file a counterclaim against the plaintiff or a cross-claim against another defendant who owes them the money that the plaintiff is seeking. There is no right to a jury trial in small claims court, and judicial magistrates decide most cases. A party may retain an attorney, but this is not required. If only the plaintiff appears at the hearing, they may receive a default judgment. If only the defendant appears at the hearing, the judge will dismiss the case with prejudice, meaning that it cannot be refiled.

• Court Forms, Iowa Courts (scroll down to Small Claims folder under Other Resources)

Kansas

• Dollar limit: $4,000
• Where to file: Generally the county where the defendant resides
• Right to appeal: Yes, within 14 days

A Kansas small claims case starts when a plaintiff files a petition with the clerk of the appropriate court, providing information about the amount of money that they want to recover and a description of their case. A hearing date will be scheduled, and the defendant will be served with the case documents. Unless the case settles, the defendant must appear at the hearing, or the judge can issue a default judgment for the plaintiff. Any counterclaim by a defendant may be reviewed at the same time as the plaintiff’s claim. A party in a small claims case may hire an attorney to advise them, but the attorney cannot advocate for them in court. A party may not file more than 20 small claims cases in a single calendar year.

Kentucky

• Dollar limit: $2,500
• Where to file: Generally the county where the defendant lives or does business; for a corporate defendant, the county where its office or place of business is located, or where its officer or agent resides
• Right to appeal: Yes, within 10 days

A plaintiff starts a Kentucky small claims case by filing a complaint with the clerk of the circuit court in the appropriate location. The complaint will explain the circumstances surrounding the case and state the amount of money or property that the plaintiff is seeking. It will be served to the defendant with notice of the court hearing. If only the plaintiff appears at the hearing, they may receive a default judgment in their favor, although they still will need to produce evidence supporting their claim. If only the defendant appears, the case may be dismissed, and the judge may rule in favor of the defendant on any counterclaim that they can prove against the plaintiff. An individual may not file more than 25 small claims cases in a single calendar year.

• Legal Forms, Kentucky Court of Justice (search “small claims” keyword)

Louisiana

• Dollar limit: $5,000
• Where to file: Generally the parish where the defendant lives or does business
• Right to appeal: No

Any person who is at least 18 may pursue a Louisiana small claims case, while a person under 18 may pursue a case through a parent or guardian. A business also may sue or be sued in small claims court. Government agencies and officials may not be sued. Common types of small claims cases include contract disputes, actions to get possession of personal property, evictions, small personal injury cases, and consumer complaints. A plaintiff may seek only actual damages; punitive damages are not available. There is no right to a jury, and a party does not need to hire an attorney. Evidence in small claims cases may include contracts and other documents as well as testimony or statements from eyewitnesses and experts.

• Small Claims Basic Forms for Justice of the Peace Court (may not be used for small claims cases in other courts)
• Louisiana Small Claims Forms, US Legal Forms ($)

Maine

• Dollar limit: $6,000
• Where to file: The district where the defendant lives or has its principal place of business, where the facts or events giving rise to the case happened, or where the registered agent of a defendant corporation is located
• Right to appeal: Yes, within 30 days (plaintiff may appeal only on questions of law; defendant may appeal on questions of law or fact)

A party in a Maine small claims case may represent themselves, but they are not prohibited from hiring an attorney. There is no right to a jury trial, although a defendant may request a jury trial in Superior Court if they appeal a decision on factual grounds. A plaintiff starts a small claims case by completing a statement of claim that describes the facts of the dispute, including relevant dates and events and the relief sought by the plaintiff, such as monetary damages. The plaintiff must file the statement of claim within 20 days after receiving verification of service to the defendant. Although the defendant does not need to file a written answer, they must appear at the hearing or risk losing the case through a default judgment.

• Court Forms, Maine Judicial Branch (select Small Claims from the drop down menu under Court Forms Search at the top)
• Maine Small Claims Forms, US Legal Forms ($)

Maryland

• Dollar limit: $5,000
• Where to file: Generally the county where the defendant lives, works, or is employed (or the county where the cause of action arose in some tort cases); the county where the plaintiff lives if the defendant is a corporation with no principal place of business in Maryland
• Right to appeal: Yes, within 30 days

A plaintiff can start a Maryland small claims case by filing a complaint in the District Courthouse in the appropriate county. The defendant will be served with the complaint, summons, and related documents. If they plan to contest the case, they generally must file a notice of intention to defend within 15 days after the summons is served. A defendant may bring a counterclaim against the plaintiff within 10 days after the notice of intention to defend is due. They also can file a cross-claim against another defendant that owes them the money that the plaintiff is seeking, or a third-party claim against a party that should be required to satisfy any judgment awarded to the plaintiff. A third-party claim must be filed at least 10 days before the trial.

• Small Claims, Maryland Courts (contains some forms)
• Maryland Small Claims Forms, US Legal Forms ($)

Massachusetts

• Dollar limit: Generally $7,000 (except for property damage related to a car accident)
• Where to file: Generally the court for the location where either the plaintiff or the defendant lives or has a place of business; a claim against a landlord involving an apartment rental may be brought in the court for the location where the apartment is located
• Right to appeal: Yes, within 10 days

Once a plaintiff starts a Massachusetts small claims case, the defendant will receive the statement of claim and notice of trial. They can respond by filing an answer form or sending a signed letter to the court that explains their defense to the plaintiff’s case. The defendant also may bring a counterclaim against the plaintiff by filing a separate counterclaim form, sending a signed letter to the court, or stating the counterclaim in their answer. The plaintiff’s claim and the counterclaim will be resolved as one case if the defendant sends notice of the counterclaim to the plaintiff at least 10 days before the trial, or at the discretion of the magistrate reviewing the case. Some small claims may be resolved through mediation on the trial date.

Michigan

• Dollar limit: $6,500
• Where to file: The district court for the location where the dispute took place or where the defendant lives or works
• Right to appeal: Yes, within 7 days (only if an attorney magistrate issued the decision)

A Michigan small claims case begins when a plaintiff files an affidavit and claim with the district court clerk. Common types of small claims cases include contract disputes, minor car accident cases, landlord - tenant security deposit disputes, and consumer protection claims. Parties cannot hire lawyers to represent them in small claims court, although a party may ask to remove the case to regular district court, where a lawyer can represent them. Cases are decided by either a district court judge or an attorney magistrate. If the plaintiff does not appear in court, the judge or magistrate may dismiss the case. If the defendant does not appear, the judge or magistrate may issue a default judgment for the plaintiff, based on their evidence.

Minnesota

• Dollar limit: Generally $15,000 ($4,000 if the claim involves a consumer credit transaction)
• Where to file: Generally the county where the defendant lives or has a place of business; in a landlord - tenant case, the county where the rental property is located; in a bad check case, the county where the bad checks were written
• Right to appeal: Yes, within 21 days

The Minnesota small claims court is known as conciliation court. A party can seek advice from a lawyer regarding a small claims case, but they do not need to be represented by a lawyer in court. Common types of claims include actions for unpaid debts or unpaid wages, property damage claims by landlords against tenants, security deposit claims by tenants against landlords, or claims involving the ownership of personal property. Claims that may not be heard in small claims court include evictions, medical malpractice claims, real estate title disputes, defamation claims, class actions, and most actions for injunctive relief. If a party wins a judgment in conciliation court, they are responsible for collecting it on their own.

• Conciliation / Small Claims Court Forms, Minnesota Judicial Branch
• Minnesota Guide & File (program to complete conciliation court forms online)

Mississippi

• Dollar limit: $3,500
• Where to file: Generally the county where the defendant lives or where the events giving rise to the case occurred
• Right to appeal: Yes, within 10 days

Mississippi small claims cases are heard in justice courts, which often review cases involving collections, evictions, minor car accidents, and the return of property, among others. A party may be represented by a lawyer, although this is not required. Once a plaintiff starts a small claims case by completing an affidavit or declaration, a summons will be sent to the defendant with the trial date. The defendant is generally not required to file a written answer if they are contesting the case, except in eviction cases. A defendant may raise counterclaims against a plaintiff as part of their answer, and they will be heard in the same proceeding. However, a defendant may file counterclaims in a different court if they are worth more than $3,500.

Missouri

• Dollar limit: $5,000
• Where to file: Generally the county where the defendant lives or works or where the events giving rise to the case occurred
• Right to appeal: Yes, within 10 days

A Missouri small claims court may only help a plaintiff collect monetary damages and cannot order another person to return property. A plaintiff under 18 years of age can file a small claims case, but must bring a person over the age of 18 both to file the complaint and to appear at trial. After the complaint is filed, the court will notify the defendant with a summons by mail with the trial date. If the defendant does not appear at trial, the judge may issue a default judgment against them. If the plaintiff does not appear at trial, the case may be dismissed. At trial, both parties will have the opportunity to present evidence. The parties may settle the dispute anytime before trial by notifying the clerk of the court.

Montana

• Dollar limit: $7,000
• Where to file: The small claims or justice court in the county where the defendant lives, works, or otherwise may be served
• Right to appeal: Yes, within 10 days

Montana small claims cases start when a plaintiff files a complaint in the small claims or justice court where the defendant lives or can otherwise be served. A hearing will be set within 40 days, and the defendant will receive at least five days’ notice beforehand. If the parties settle the dispute before the trial, they should put their agreement in writing, sign it, and present a copy to the clerk of small claims court. Attorneys are not required in small claims court, and if one party does use an attorney, the case cannot continue until all parties have attorneys. During the trial, both parties will have the opportunity to present evidence. If the plaintiff prevails, they will be entitled to the disputed amount and court costs.

Nebraska

• Dollar limit: $3,900
• Where to file: Generally the county where the defendant lives or is doing business or the county where the events giving rise to the case occurred
• Right to appeal: Yes, within 30 days

A Nebraska small claims complaint can be filed in disputes involving money, property damage, or the return of personal property. Lawyers are not allowed in small claims court, although a person may seek legal advice outside court. Once a plaintiff files a complaint, they must have it served on the defendant either by the sheriff or by certified mail. If the defendant is not properly served, the claim may be dismissed. If the parties are able to settle their dispute before trial, they should notify the court in writing. On the day of the trial, both parties will have the opportunity to present evidence. If the defendant does not appear at trial, a default judgment may be entered against them.

• Small Claims, Nebraska Judicial Branch (scroll down for links to forms resources)
• Nebraska Small Claims Forms, US Legal Forms ($)

Nevada

• Dollar limit: $10,000
• Where to file: Generally the county where the defendant lives or is doing business or the county where the events giving rise to the case occurred
• Right to appeal: Yes, within 5 days

A Nevada small claims case may be filed by anyone 18 or older. Judges in Nevada small claims court can only award monetary judgments and cannot order a party to do anything like return property or stop doing something. When a plaintiff files a complaint in small claims court, they must also have the defendant served by a third party at least 10 business days before the court date. In certain counties, the parties will have to participate in mediation before a judge hears the case. During the court hearing, both parties will have the opportunity to present evidence. If the defendant does not appear at the hearing, a default judgment may be entered against them. If the plaintiff does not appear, the case may be dismissed.

New Hampshire

• Dollar limit: $10,000
• Where to file: Generally the district division where the plaintiff or the defendant lives (or the county where the defendant works, transacts business, or contributed to the events giving rise to the case if they do not live in New Hampshire)
• Right to appeal: Yes, within 30 days

A New Hampshire small claims complaint in excess of $5,000 will be subject to mandatory mediation. Any claim over $1,500 entitles the defendant to a jury trial if they desire. After a plaintiff files a small claims complaint, the defendant will receive written notice by first class mail. The notice will ask the defendant to answer the complaint within 30 days. If the defendant does not answer, a default judgment may be entered against them. If the defendant answers the complaint, the case will be scheduled for a hearing at which both parties will have the opportunity to present evidence. If the plaintiff prevails, they will be awarded costs and interest on top of the judgment.

New Jersey

• Dollar limit: $3,000 (or in the case of a rental security deposit, $5,000)
• Where to file: The Office of the Special Civil Part of the county where the defendant lives or does business, or the county where the events giving rise to the case occurred if no defendants live or do business in New Jersey
• Right to appeal: Yes, within 45 days

A New Jersey small claims case can be filed by anyone 18 or older or by a parent or guardian on behalf of a minor. Once a plaintiff files a small claims complaint, the defendant will receive the complaint and summons in the mail, alerting them to the date of the trial. If the parties are able to settle their dispute before trial, they should call the Special Civil Part Office to notify them of the settlement. Otherwise, both parties will have the opportunity to present evidence at the trial. If the plaintiff does not appear, the case may be dismissed. If the defendant does not appear, a default judgment may be entered against them.

• Forms Search Database, New Jersey Courts (search “small claims” keyword)
• New Jersey Small Claims Forms, US Legal Forms ($)

New Mexico

• Dollar limit: $10,000
• Where to file: The Magistrate or Metropolitan Court in the county where the plaintiff or the defendant lives or where the events giving rise to the case occurred
• Right to appeal: Yes, within 15 days

A New Mexico small claims complaint can be filed by anyone 18 years of age or older or the guardian or parent of a minor. After the complaint is filed, the plaintiff must serve the defendant by using a county sheriff, a private process server, or a person 18 years of age or older who is not a party to the case. Either party may request a jury trial rather than a trial in front of a judge. The defendant has 20 days to answer the complaint. If the defendant does not answer the complaint, the plaintiff may request that a default judgment be entered against the defendant without a hearing. Otherwise, the parties will proceed to trial, where both parties will have the opportunity to present evidence.

New York

• Dollar limit: $10,000 in New York City; $3,000-$5,000 outside New York City
• Where to file: Generally the county where either party resides or the county where either party has an employment or business address
• Right to appeal: Yes, within 30 days

Anyone age 18 or older can file a complaint in New York small claims court. If the claimant is younger than 18, a parent or guardian can file on their behalf. After the complaint is filed, the defendant will be served and notified of the claim by certified and first class mail. Lawyers are not required in small claims court, but any party may hire a lawyer. At the trial, both parties will have the opportunity to present evidence. The exact procedure for small claims differs slightly depending on whether the claim is filed in or around New York City or not.

• Small Claims Forms, New York City Small Claims Court
• New York Small Claims Forms, US Legal Forms ($)

North Carolina

• Dollar limit: $5,000-$10,000, depending on the county
• Where to file: Generally the district court in the country where the defendant resides
• Right to appeal: Yes, within 10 days

A North Carolina small claims complaint can be filed for cases of eviction, the return of personal property worth the dollar limit in the county or less, enforcement of motor vehicle mechanic and storage liens, and most other cases when the amount of money sought does not exceed the dollar limit. After filing the complaint, the plaintiff must serve the defendant by using the sheriff or certified mail with a return receipt request. The defendant may file an answer, but it is not required. If the defendant chooses to file a counterclaim, they must serve it on the plaintiff by using certified mail. During trial, both parties will have the opportunity to present evidence.

• Small Claims, North Carolina Judicial Branch (scroll down for links to forms)

North Dakota

• Dollar limit: $15,000
• Where to file: Generally the county where the defendant resides
• Right to appeal: No

After a plaintiff files a complaint in North Dakota small claims court, they must have the defendant served. The defendant then has 20 days to request a hearing or move the case to the district court. The defendant may also file an answer and a counterclaim. If the defendant does nothing, the court may enter a default judgment against them. At the court hearing, both parties will have the opportunity to present evidence. A trial by jury is not allowed in small claims court.

• Small Claims Court Actions, North Dakota Courts (scroll down for forms and guides)

Ohio

• Dollar limit: $6,000
• Where to file: Generally the county where the defendant resides or conducts business, or the county where the events giving rise to the case occurred
• Right to appeal: Yes, within 14 days (7 days to request a detailed decision from the Magistrate)

Any person 18 or over may file a complaint in an Ohio small claims court. A parent or guardian may also file on behalf of a minor. A complaint may ask for money damages, but not the return of property or the completion of services. After the plaintiff files their complaint, they must serve the defendant by either certified mail, personal service by a court bailiff, or residence service by a court bailiff. A party may hire an attorney, but it is not required. Both parties will have the opportunity to present evidence at trial. Ohio also offers mediation by request for the parties to attempt to settle the case before trial.

Oklahoma

• Dollar limit: $10,000
• Where to file: Generally the county where the defendant resides or does business or where the events giving rise to the case occurred
• Right to appeal: Yes, within 30 days

Anyone may file a small claims complaint in Oklahoma small claims court. After a complaint is filed, the court will serve the defendant by certified mail, but the plaintiff may request service by the sheriff. Parties are entitled to hire an attorney, but it is not required. The defendant is not required to file an answer but must appear in court. At the hearing, both parties will have the opportunity to present evidence. If the defendant does not appear in court, a default judgment may be entered against them.

Oregon

• Dollar limit: $10,000
• Where to file: Generally the county where the defendant resides or where the events giving rise to the case occurred
• Right to appeal: No

An Oregon small claims complaint may only be filed after a plaintiff makes a “bona fide” effort to collect on the claim, meaning that they must make a good-faith effort to settle the dispute before filing. After filing the complaint, the defendant has 14 days to file an answer. If the defendant fails to file an answer, a default judgment may be entered against them. At the trial, both parties will have the opportunity to present evidence. Lawyers cannot appear in small claims court without special permission.

Pennsylvania

• Dollar limit: $12,000
• Where to file: Generally the Magisterial or Municipal Court in the county where the defendant lives or works or where the events giving rise to the case occurred
• Right to appeal: Yes, within 30 days

A Pennsylvania small claims complaint may be filed by mail or in person. Once filed, the plaintiff must serve the defendant by certified mail or with the help of the sheriff or constable. The defendant may file a counterclaim if they believe that the plaintiff owes them money. At the hearing, both parties will have the opportunity to present evidence. It is not necessary to have a lawyer, but either party may bring a lawyer if they choose. The exact procedure for small claims in Philadelphia may differ slightly from other areas of Pennsylvania.

• Civil Complaint Form, Unified Judicial System of Pennsylvania (used in filing small claims)
• Pennsylvania Small Claims Forms, US Legal Forms ($)

Rhode Island

• Dollar limit: $2,500
• Where to file: Generally the county where the defendant lives or where the events giving rise to the case occurred
• Right to appeal: Yes, within 2 days

A Rhode Island small claims complaint may be based upon a contract, a retail sale, or a service, but not any personal injury. Personal injury and automobile accident cases are not considered small claims cases. Small claims can only be for monetary judgments, and the court cannot order a defendant to do or stop doing something. All small claims cases in Rhode Island must be filed electronically by using the Rhode Island Judiciary’s Electronic Filing System. Both parties will have the opportunity to present evidence at trial. Rhode Island also offers free mediation to resolve disputes before going to trial.

• Small Claims, Rhode Island Judiciary (some forms in right sidebar)
• Rhode Island Small Claims Forms, US Legal Forms ($)

South Carolina

• Dollar limit: $7,500
• Where to file: Generally the county where the defendant resides or where the events giving rise to the case occurred
• Right to appeal: Yes, within 30 days; 5 days to request a new trial

A South Carolina small claims court, which is typically a magistrate court, will help individuals with the process of filing a complaint without an attorney. Once the complaint is filed, the summons and complaint must be served on the defendant by using either a sheriff, a private process server, or certified mail. The defendant will have 30 days to answer the complaint. The court will set a trial date once the defendant answers the complaint. At trial, both parties will have the opportunity to present evidence.

• Court Forms, South Carolina Judicial Branch (search “Magistrate” for court type in search #1)
• South Carolina Small Claims Forms, US Legal Forms ($)

South Dakota

• Dollar limit: $12,000
• Where to file: Generally the county where the defendant resides or where the events giving rise to the case occurred
• Right to appeal: No

Anyone 18 or older may file a complaint in South Dakota small claims court. If the claimant is under 18, a parent or guardian may represent them. After the complaint is filed, the clerk of the court will serve the defendant by certified mail. Even after the complaint is filed, the plaintiff and the defendant may attempt to settle the case. Otherwise, the lawsuit notice will inform the defendant when they need to answer the complaint and when a trial will occur. At trial, both parties will have the opportunity to present evidence. If the case is settled before the trial, the parties should inform the clerk of court immediately.

• Small Claims, South Dakota Unified Judicial System (contains forms)

Tennessee

• Dollar limit: $25,000
• Where to file: Generally the General Sessions Court in the county where the defendant resides or where the events giving rise to the case occurred
• Right to appeal: Yes, within 10 days

Tennessee small claims court is known as the General Sessions Court. Once a plaintiff files a small claims complaint, the defendant may answer but is not required to do so. The defendant may also transfer the case to a circuit court if they want a jury trial. Lawyers may appear on behalf of any party in small claims court. However, parties are also free to represent themselves in court, where both parties will have the opportunity to present evidence. Each General Sessions Court has local rules dictating exact procedures.

Texas

• Dollar limit: $20,000
• Where to file: Generally the Justice Court in the county where the defendant resides
• Right to appeal: Yes, within 21 days

Texas small claims complaints are filed in Justice Court. Any person 18 or over can file a small claims complaint. A minor may have a parent or relative over 18 accompany them to file the complaint and attend the trial. Once a plaintiff files a complaint, the defendant will have 14 days after service to file an answer. If the defendant does not answer the complaint, a default judgment may be entered against them. At trial, both parties will have the opportunity to present evidence. Either party may request a jury in a small claims case, but the default rule is that a judge will hear the case.

• Filing a Small Claims Case, Texas Justice Court Training Center (contains some forms)
• Texas Small Claims Forms, US Legal Forms ($)

Utah

• Dollar limit: $11,000
• Where to file: Generally the justice court in the county where the defendant resides or where the events giving rise to the case occurred
• Right to appeal: Yes, within 28 days

A plaintiff does not need an attorney to file a complaint in Utah small claims court. After a complaint is filed, the defendant must be served at least 30 days before the trial date by either personal service or certified mail. A plaintiff cannot serve the defendant themselves. Additionally, the defendant can file a counter affidavit and summons if they believe that the plaintiff owes them money. At trial, both parties will have the opportunity to present evidence. In some small claims courts, free mediation may be available before trial.

Vermont

• Dollar limit: $5,000
• Where to file: Generally the county where the plaintiff or the defendant lives
• Right to appeal: Yes, within 30 days

A person may only sue for monetary damages in Vermont small claims court; a small claims court cannot order a defendant to do or not do something. Once filed, the complaint must be served on the defendant within seven days of the plaintiff receiving the court’s signed summons. First service may be made by first class mail, but if the defendant does not file an answer within 30 days, the sheriff or constable must serve the documents. The court will set a hearing date after the defendant answers. If the defendant does not answer the complaint, a default judgment may be entered against them. During the hearing, both parties will have the opportunity to present evidence.

Virginia

• Dollar limit: $5,000
• Where to file: Generally the county where the defendant lives or works or the county where the events giving rise to the case occurred
• Right to appeal: Yes, within 10 days

A small claims complaint, called a warrant in Virginia small claims court, may be filed to seek a monetary judgment or retrieve personal property. After the warrant is filed, the plaintiff should send a copy of the warrant by first class mail to the defendant at least 10 days before the court date. The defendant must also be formally served by either the sheriff or a private process server. If a warrant is served on the defendant, and they fail to appear in court, a default judgment may be entered against them. On the court date, both parties should represent themselves and will have the opportunity to present evidence. Attorneys can only appear in small claims court under very specific circumstances.

• Small Claims, Virginia Access to Justice Commission (contains some forms)
• Virginia Small Claims Forms, US Legal Forms ($)

Washington

• Dollar limit: $10,000
• Where to file: Generally the county where the defendant resides
• Right to appeal: Yes, within 30 days

A complaint in Washington small claims court, called a notice of small claim, must be served on the defendant by someone other than the complainant. This may be done by personal service through a sheriff or deputy or anyone over age 18 who is not a party to the action. It can also be done by certified mail. During the trial, both parties will have the opportunity to present evidence. If the defendant does not appear at trial, a default judgment may be entered against them. If the plaintiff does not appear at trial, the claim may be dismissed.

• Small Claims Forms, Washington Courts
• Washington Small Claims Forms, US Legal Forms ($)

West Virginia

• Dollar limit: $5,000
• Where to file: Generally the Magistrate Court in the county where the defendant resides or where the events giving rise to the case occurred
• Right to appeal: Yes, within 20 days

A West Virginia small claims complaint is filed in the Magistrate Court. After the complaint is filed, it must be served on the defendant through certified mail, first class mail, or personal service by the sheriff, a private process server, or someone over age 18 who is not a party to the case. The defendant has 20 days after service to file an answer or make a personal appearance. The defendant may also file a counterclaim. Both parties will have the opportunity to present evidence at trial. If the defendant fails to appear, a default judgment may be entered against them.

Wisconsin

• Dollar limit: Dependent on the type of claim; generally $5,000-$10,000
• Where to file: Generally the county where the defendant resides or where the events giving rise to the case occurred
• Right to appeal: Yes, within 45 days if the decision is by a judge; 10-15 days if the decision is by a commissioner

Any person 18 or older can file a complaint in Wisconsin small claims court. An attorney is not required but is permitted. After a complaint is filed, the defendant must answer the complaint according to the summons. If the defendant does not properly answer the complaint, a default judgment may be entered against them. The defendant may also file a counterclaim. Both parties will have the opportunity to present evidence during trial. Before trial, the parties may attempt to reach a settlement, and some counties provide mediation services.

Wyoming

• Dollar limit: $6,000
• Where to file: Generally the county where the defendant resides
• Right to appeal: Yes, within 30 days

Wyoming small claims court allows plaintiffs to proceed with complaints without an attorney and with adjusted procedures. Once a complaint (an affidavit in this case) is filed in small claims court, a summons will be served to the defendant. The summons will contain the deadline to answer or appear, but the defendant is not required to answer the complaint. Both parties will have the opportunity to present evidence at trial. If the defendant does not appear at trial, a default judgment may be entered against them.

• Court Self-Help Forms, Wyoming Judicial Branch (click on Small Claims in the left sidebar)
• Wyoming Small Claims Forms, US Legal Forms ($)

Last reviewed February 2023

Lawyers and the Legal Process Center Contents

• Lawyers and the Legal Process Center
• AI and Attorney Ethics Rules: 50-State Survey
• Lawsuits and the Court Process
  • Sending a Demand Letter Before Filing a Lawsuit
  • Jurisdiction and Venue for Lawsuits
  • Complaints and Answers in Lawsuits
  • The Discovery Process in Lawsuits
  • Pre-Trial and Post-Trial Motions in Lawsuits
  • Trials in Civil Lawsuits
  • Appeals of Judgments in Lawsuits
  • Class Action Lawsuits
  • Evidentiary Standards and Burdens of Proof in Legal Proceedings
  • Small Claims Court & Legal Requirements
    • Demand Letters Related to Small Claims Court Lawsuits
    • Filing a Lawsuit in Small Claims Court
    • Going to Small Claims Court for Legal Proceedings
    • Responding to a Small Claims Lawsuit
    • Small Claims Legal Forms: 50-State Survey
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