2026 Guide All 50 States
How to File Small Claims Court by State
Select your state for a complete guide — filing fees, claim limits, statute of limitations, and step-by-step instructions.
How to File Small Claims Court — 7 Steps
Small claims court is designed for people without attorneys. The process is the same in every state — the only things that change are the dollar limits, filing fees, and court names. Here is exactly what to do.
1
Check the limit and statute of limitations
Confirm your claim amount falls within your state's small claims dollar limit (ranges from $2,500 to $25,000 — see table below). Also verify your claim is not time-barred. The statute of limitations for written contracts is typically 4–6 years; oral contracts are usually 2–4 years. Filing after the deadline results in automatic dismissal regardless of merit.
2
Send a demand letter first
Before filing, send the defendant a written demand stating the amount owed, why it is owed, and a payment deadline (10–14 days). Most states expect this step and judges view it favorably. Many defendants pay immediately to avoid a court record. Keep a copy — it becomes evidence.
3
Gather your evidence
Collect every document that supports your claim: contracts, receipts, invoices, photos of damage, text messages, emails, repair estimates. Make three copies of everything — one for the judge, one for the defendant, one to keep. Organized evidence wins cases.
4
Get and fill out the Plaintiff's Claim form
Obtain the form from your local courthouse clerk or the court's website. You need the defendant's full legal name and address, the dollar amount you are claiming, and a brief factual description of why you are owed the money. Keep it factual — not emotional.
5
File and pay the filing fee
Submit your completed form to the court clerk in person, or online if e-filing is available in your state. Pay the filing fee ($30–$100 in most states, tiered by claim amount). If you cannot afford the fee, ask the clerk for an In Forma Pauperis (IFP) application — courts waive fees for filers below 125–200% of the federal poverty level. If you win, you can ask the judge to add the filing fee to your judgment.
6
Serve the defendant
The defendant must be formally notified of the case. Options: certified mail (cheapest, $5–$10), sheriff or constable service ($30–$75, most reliable), or a private process server ($50–$100). Keep your proof of service receipt — the court will not proceed without it.
7
Attend the hearing and present your case
Arrive 15 minutes early. Bring all evidence in three organized copies. You will have 5–10 minutes to explain your case to the judge — stick to the facts, dollar amounts, and your supporting documents. The judge may rule the same day or mail you a written decision. If you win and the defendant does not pay, see our judgment collection guides.
You can recover the filing fee
When you win, ask the judge to add your filing fee to the judgment. The defendant then owes you the original claim amount plus court costs.State-specific instructions matter
Court names, form names, and service rules vary by state. Select your state below for exact fees, forms, and local filing instructions.Select Your State
Alabama
Max: $6,000 · Fee: $45–$85
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Alaska
Max: $10,000 · Fee: $30–$100
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Arizona
Max: $3,500 · Fee: $29–$78
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Arkansas
Max: $5,000 · Fee: $35–$65
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California
Max: $12,500 · Fee: $30–$100
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Colorado
Max: $7,500 · Fee: $31–$55
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Connecticut
Max: $5,000 · Fee: $35–$75
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Delaware
Max: $25,000 · Fee: $35–$100
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Florida
Max: $8,000 · Fee: $55–$300
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Georgia
Max: $15,000 · Fee: $45–$75
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Hawaii
Max: $5,000 · Fee: $35–$60
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Idaho
Max: $5,000 · Fee: $33–$66
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Illinois
Max: $10,000 · Fee: $56–$254
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Indiana
Max: $10,000 · Fee: $35–$85
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Iowa
Max: $6,500 · Fee: $35–$65
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Kansas
Max: $4,000 · Fee: $35–$50
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Kentucky
Max: $2,500 · Fee: $28–$58
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Louisiana
Max: $5,000 · Fee: $75–$150
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Maine
Max: $6,000 · Fee: $50–$80
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Maryland
Max: $5,000 · Fee: $34–$58
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Massachusetts
Max: $7,000 · Fee: $40–$150
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Michigan
Max: $6,500 · Fee: $30–$70
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Minnesota
Max: $15,000 · Fee: $75–$110
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Mississippi
Max: $3,500 · Fee: $35–$60
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Missouri
Max: $5,000 · Fee: $35–$60
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Montana
Max: $7,000 · Fee: $30–$70
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Nebraska
Max: $3,600 · Fee: $29–$45
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Nevada
Max: $10,000 · Fee: $46–$92
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New Hampshire
Max: $10,000 · Fee: $45–$95
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New Jersey
Max: $5,000 · Fee: $35–$75
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New Mexico
Max: $10,000 · Fee: $35–$65
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New York
Max: $10,000 · Fee: $15–$20
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North Carolina
Max: $10,000 · Fee: $96–$156
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North Dakota
Max: $15,000 · Fee: $35–$65
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Ohio
Max: $6,000 · Fee: $35–$80
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Oklahoma
Max: $10,000 · Fee: $45–$95
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Oregon
Max: $10,000 · Fee: $52–$95
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Pennsylvania
Max: $12,000 · Fee: $45–$100
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Rhode Island
Max: $2,500 · Fee: $75–$85
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South Carolina
Max: $7,500 · Fee: $80–$140
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South Dakota
Max: $12,000 · Fee: $40–$75
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Tennessee
Max: $25,000 · Fee: $75–$170
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Texas
Max: $20,000 · Fee: $54–$121
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Utah
Max: $11,000 · Fee: $60–$100
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Vermont
Max: $5,000 · Fee: $55–$90
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Virginia
Max: $5,000 · Fee: $30–$75
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Washington
Max: $10,000 · Fee: $31–$50
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West Virginia
Max: $10,000 · Fee: $30–$100
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Wisconsin
Max: $10,000 · Fee: $50–$95
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Wyoming
Max: $6,000 · Fee: $25–$55
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Small Claims Court — All States at a Glance
| State | Court Name | Max Claim | Filing Fee |
|---|---|---|---|
| Alabama | Small Claims Court | $6,000 | $45–$85 |
| Alaska | District Court | $10,000 | $30–$100 |
| Arizona | Justice Court | $3,500 | $29–$78 |
| Arkansas | Small Claims Division | $5,000 | $35–$65 |
| California | Small Claims Court | $12,500 | $30–$100 |
| Colorado | County Court | $7,500 | $31–$55 |
| Connecticut | Small Claims Court | $5,000 | $35–$75 |
| Delaware | Justice of the Peace Court | $25,000 | $35–$100 |
| Florida | County Court | $8,000 | $55–$300 |
| Georgia | Magistrate Court | $15,000 | $45–$75 |
| Hawaii | Small Claims Division | $5,000 | $35–$60 |
| Idaho | Small Claims Department | $5,000 | $33–$66 |
| Illinois | Small Claims Court | $10,000 | $56–$254 |
| Indiana | Small Claims Court | $10,000 | $35–$85 |
| Iowa | Small Claims Court | $6,500 | $35–$65 |
| Kansas | Small Claims Court | $4,000 | $35–$50 |
| Kentucky | Small Claims Court | $2,500 | $28–$58 |
| Louisiana | City Court / Justice of the Peace | $5,000 | $75–$150 |
| Maine | District Court | $6,000 | $50–$80 |
| Maryland | District Court | $5,000 | $34–$58 |
| Massachusetts | Small Claims Session | $7,000 | $40–$150 |
| Michigan | Small Claims Division | $6,500 | $30–$70 |
| Minnesota | Conciliation Court | $15,000 | $75–$110 |
| Mississippi | Justice Court | $3,500 | $35–$60 |
| Missouri | Small Claims Court | $5,000 | $35–$60 |
| Montana | Justice Court | $7,000 | $30–$70 |
| Nebraska | County Court | $3,600 | $29–$45 |
| Nevada | Justice Court | $10,000 | $46–$92 |
| New Hampshire | District Court | $10,000 | $45–$95 |
| New Jersey | Special Civil Part | $5,000 | $35–$75 |
| New Mexico | Magistrate Court | $10,000 | $35–$65 |
| New York | Small Claims Court | $10,000 | $15–$20 |
| North Carolina | Magistrate Court | $10,000 | $96–$156 |
| North Dakota | Small Claims Court | $15,000 | $35–$65 |
| Ohio | Small Claims Division | $6,000 | $35–$80 |
| Oklahoma | Small Claims Court | $10,000 | $45–$95 |
| Oregon | Small Claims Department | $10,000 | $52–$95 |
| Pennsylvania | Magisterial District Court | $12,000 | $45–$100 |
| Rhode Island | Small Claims Court | $2,500 | $75–$85 |
| South Carolina | Magistrate Court | $7,500 | $80–$140 |
| South Dakota | Small Claims Court | $12,000 | $40–$75 |
| Tennessee | General Sessions Court | $25,000 | $75–$170 |
| Texas | Justice Court | $20,000 | $54–$121 |
| Utah | Small Claims Court | $11,000 | $60–$100 |
| Vermont | Small Claims Court | $5,000 | $55–$90 |
| Virginia | General District Court | $5,000 | $30–$75 |
| Washington | Small Claims Department | $10,000 | $31–$50 |
| West Virginia | Magistrate Court | $10,000 | $30–$100 |
| Wisconsin | Small Claims Court | $10,000 | $50–$95 |
| Wyoming | Circuit Court | $6,000 | $25–$55 |
Related Small Claims Resources
Court Limits by State
Maximum you can sue for
Filing Fees by State
Exact court fees by state
Fee Waiver Guide
Waive fees if you can't afford them
Collect a Judgment
Enforce your win after court
How to Sue — By Entity Type
Suing a business, LLC, landlord, or individual
Can I Sue My Employer?
Unpaid wages, final paychecks, wage theft
Defendant's Guide
Got served? Here's what to do
Compare States
Side-by-side limits and fees
Frequently Asked Questions
How much does it cost to file a small claims case?
Filing fees range from $30 to $300 depending on your state and the amount you are suing for. Most states tier the fee by claim amount — smaller claims cost less to file. If you cannot afford the fee, you can apply for a fee waiver (in forma pauperis) at the courthouse. Select your state above for the exact fee schedule.
What is the maximum amount you can sue for in small claims court?
The maximum small claims limit ranges from $2,500 (Kentucky) to $25,000 (Delaware and Tennessee). Most states fall between $5,000 and $10,000. If your damages exceed your state's limit, you can voluntarily reduce your claim to fit small claims or file in a higher civil court where larger amounts are permitted.
Do you need a lawyer for small claims court?
No — small claims court is specifically designed for self-represented parties. Attorneys are not required and are sometimes restricted. The process uses simplified rules and informal procedures so that anyone can participate without legal training. Most hearings last 15–30 minutes.
How long does a small claims case take?
After filing, most courts schedule a hearing within 30–70 days. The hearing itself typically lasts 15–30 minutes. If both parties are prepared and the judge rules from the bench, you can have a final judgment the same day. Cases requiring additional hearings or mediation may take 2–4 months.
What happens if you win a small claims case?
Winning a judgment gives you the legal right to collect money from the defendant. If they do not pay voluntarily, you can enforce the judgment through wage garnishment, bank account levies, or property liens. Collecting your judgment is a separate step — use our state-specific collection guides for instructions on each enforcement method.