What is small claims court?+
Small claims court is a simplified legal process for resolving disputes involving relatively small amounts of money. The rules are designed for people without lawyers — hearings are informal, there's no jury, and cases are usually decided the same day. Dollar limits range from $2,500 (Kentucky) to $25,000 (Tennessee, Delaware). Filing fees are typically $25-$150.
Do I need a lawyer for small claims court?+
In most cases, no — and in 13 states (including California, Arizona, Colorado, Michigan, and Washington), attorneys are actually prohibited from representing parties in small claims. The court is designed for self-representation. However, in states that allow lawyers, having one party represented can put the other at a disadvantage.
What is the statute of limitations?+
The statute of limitations is the deadline for filing your claim after the incident occurred. It varies by state and claim type. For example, Kentucky has only 1 year for personal injury claims, while Maine allows 6 years. Written contracts typically have longer deadlines (3-15 years) than personal injury claims (1-6 years). Missing this deadline means your case is dismissed.
What happens if my claim exceeds the small claims limit?+
You have three options: (1) reduce your claim to the small claims limit and forfeit the rest, (2) file in regular civil court (more expensive and complex), or (3) in some states, split the claim into multiple cases (though many states prohibit this). Option 1 is often the best choice if the excess is small relative to the cost of civil court.
Can I appeal a small claims decision?+
It depends on your state. Most states allow either party to appeal, typically within 10-30 days. California and Massachusetts only allow defendants to appeal. Arizona does not allow appeals from small claims at all. Appeals are often 'de novo' (a completely new trial) in a higher court.
Where do I file a small claims case?+
Almost always in the county or district where the defendant lives or does business, or where the incident occurred (contract was signed, property was damaged, etc.). Filing in the wrong location can result in dismissal.
Which states have the highest and lowest limits?+
Highest: Tennessee and Delaware ($25,000), Texas and Utah ($20,000), Georgia, Minnesota, and North Dakota ($15,000). Lowest: Kentucky ($2,500), Arizona and Mississippi ($3,500), Nebraska ($3,900), Kansas ($4,000). California allows $12,500 for individuals but only $6,250 for businesses.
How long does small claims court take?+
From filing to hearing is typically 30-75 days. The hearing itself usually takes 15-60 minutes and you get a decision the same day or within a few days. If you win, collecting the judgment can take longer — the court doesn't collect for you.