Small Claims Court Limits, Fees & Rules in Every State (2026 Guide)
Learn the small claims court dollar limits, filing fees, statute of limitations, attorney rules, and appeal procedures for all 50 states. Find out if your case qualifies.
1. Dollar Limits by State
The maximum amount you can sue for in small claims varies dramatically — from $2,500 to $25,000:
Highest Limits
- Tennessee: $25,000
- Delaware: $25,000
- Texas: $20,000
- Utah: $20,000 (→ $25,000 in 2030)
- Georgia: $15,000
- Minnesota: $15,000
- North Dakota: $15,000
Lowest Limits
- Kentucky: $2,500
- Arizona: $3,500
- Mississippi: $3,500
- Nebraska: $3,900
- Kansas: $4,000
Business vs. Individual Limits
California and Washington have lower limits for businesses: CA allows $12,500 for individuals but only $6,250 for corporations/LLCs. Washington allows $10,000 for individuals but $5,000 for businesses.
2. Filing Fees
Filing fees vary by state and often by claim amount within each state:
| State | Fee Range | Notes |
|---|---|---|
| DC | $5-$15 | Cheapest in the nation |
| North Dakota | $10-$50 | |
| New York | $15-$25 | Plus postage |
| California | $30-$75 | Fee waivers available |
| New Jersey | $35 | Flat fee |
| Texas | $54-$100 | Varies by county |
| North Carolina | $96 | Flat fee |
| Florida | $55-$300 | Varies by county and amount |
| Utah | $60-$185 | |
| Illinois (Cook Co.) | $307-$381 | Most expensive in nation |
Filing fees are usually recoverable — if you win, the judge can order the losing party to pay your filing costs.
3. Statute of Limitations
The statute of limitations is your deadline to file. Miss it and your case is dead regardless of merit.
Written Contracts
Shortest: Alaska, Delaware, DC, Maryland, Mississippi, NH, NC, SC (3 years)
Longest: Kentucky (15 years), Illinois, Indiana, Iowa, Louisiana, Missouri, RI, WV, Wyoming (10 years)
Personal Injury
Shortest: Kentucky, Louisiana, Tennessee (1 year)
Longest: Maine, Minnesota, North Dakota (6 years)
4. Attorney Rules
13 states prohibit or restrict attorneys in small claims court:
No attorneys: Arizona, California, Colorado, Hawaii, Kansas, Michigan, Minnesota (at trial), Montana, Nebraska, North Dakota, Oregon (without permission), Virginia (plaintiffs), Washington (without permission)
In these states, you represent yourself. You can still consult a lawyer outside of court for advice — you just can't bring one to the hearing.
All other states allow attorneys, but most people in small claims represent themselves anyway. If one party shows up with a lawyer and you don't have one, some states (like Florida) automatically subject both parties to formal discovery rules.
5. Appeals
Appeal rules vary significantly:
No appeals at all
Arizona (from small claims), Hawaii, Iowa, Connecticut (very limited)
Defendant only can appeal
California, Massachusetts, Oregon (from Justice Court)
Either party — new trial (de novo)
Most states, including TX, PA, NC, VA, CO, MO, NE, and many others. Typical deadline: 10-30 days.
6. Tips for Winning in Small Claims
Before Filing
- Send a formal demand letter first (required in some states)
- Check the statute of limitations for your claim type
- Verify the defendant's legal name and address
- Calculate if the filing fee is worth it relative to your claim
- Consider if the defendant can actually pay a judgment
At the Hearing
- Bring organized evidence: contracts, receipts, photos, texts, emails
- Bring witnesses if possible
- Prepare a brief, clear opening statement (2-3 minutes)
- Be respectful to the judge — they decide everything
- Dress professionally — first impressions matter
- Arrive early and observe other cases first
The Bottom Line
Small claims court is the most accessible part of the legal system — low fees, no lawyer required, and fast resolution. The key is knowing your state's specific rules: dollar limits, filing deadlines, and whether you can bring an attorney.
Use our Small Claims Court Calculator to check if your case qualifies, see your filing fee, and compare rules across states.
Disclaimer: This guide is informational only. Rules and fees vary by county within each state. Always verify with your local court clerk before filing.
Frequently Asked Questions
How much can I sue for in small claims court?
It depends on your state. Tennessee and Delaware have the highest limit at $25,000. Texas and Utah allow up to $20,000. Kentucky has the lowest at $2,500. California allows $12,500 for individuals but only $6,250 for businesses. Most states fall in the $5,000-$10,000 range.
How much does it cost to file in small claims court?
Filing fees range from $5-$15 (DC, the cheapest) to $307-$381 (Cook County, Illinois, the most expensive). Most states charge $30-$100. Fees are often recoverable if you win — the judge can order the losing party to reimburse your filing costs.
Can I sue in small claims without a lawyer?
Yes, and in 13 states (including California, Colorado, Michigan, and Washington) attorneys are actually banned from representing parties in small claims court. The system is designed for self-representation. Even in states that allow lawyers, most people represent themselves.
What is the statute of limitations for small claims?
It varies by state and claim type. Written contracts range from 3 years (several states) to 15 years (Kentucky). Personal injury claims are typically 1-6 years. Once the statute of limitations expires, your case is barred regardless of its merit. Check your state and claim type using our calculator.