Small Claims Court Guide
Check your state's small claims limit, filing fees, process steps, and required documents.
Your Dispute
State Limit
$12,500
Filing Fee
$75
Attorney Allowed
No
Process Timeline
Attempt to resolve directly (send demand letter)
File claim at California Small Claims Court ($75 filing fee)
Serve the defendant (certified mail or process server, 10-30 days)
Attend hearing (typically 30-70 days after filing)
Judge issues decision (same day or within 30 days)
If you win, collect judgment (may require additional steps)
Required Documents (Security Deposit Return)
Tips
- Send a demand letter before filing — many disputes settle before court.
- Bring organized evidence: documents, photos, receipts, and witnesses.
- Arrive early and dress professionally for your hearing.
- Attorneys are NOT allowed in small claims court in your state.
- Many states require landlords to return deposits within 14-30 days. Check your state law.
Disclaimer
Small claims limits and procedures change. Verify current rules with your local court clerk. This is general information, not legal advice.
Small Claims Court Limits by State
Every state sets its own maximum amount for small claims court. These range from $2,500 (Kentucky, Rhode Island) to $25,000 (Tennessee, Delaware). If your claim exceeds your state's limit, you can either reduce the claim to the maximum or file in a higher court (which may require an attorney and cost more).
State Limits (Selected)
| State | Limit | Attorney? |
|---|---|---|
| California | $12,500 | No |
| New York | $10,000 | Optional |
| Texas | $20,000 | Optional |
| Florida | $8,000 | Optional |
| Illinois | $10,000 | Optional |
| Tennessee | $25,000 | Optional |
The Small Claims Process
The process is designed to be accessible without an attorney. You file a claim at your local courthouse (or online in some jurisdictions), pay a small fee ($30-$100), and serve the defendant with notice. The hearing typically occurs 30-70 days after filing. Present your evidence clearly — judges appreciate organized documentation and brief, focused testimony.
Nolo — Small Claims Court Guide→Frequently Asked Questions
What types of cases can I bring?
Common small claims cases include security deposit disputes, unpaid debts, property damage, breach of contract, defective products/services, and neighbor disputes. You cannot use small claims court for divorce, child custody, bankruptcy, or cases requiring injunctions.
What if I win but they don't pay?
Winning a judgment doesn't guarantee payment. If the defendant doesn't pay voluntarily, you may need to use collection tools: wage garnishment, bank levies, or property liens. Each state has different enforcement procedures. In some cases, you can file an "abstract of judgment" that attaches to the defendant's property.
Can I appeal a small claims decision?
This varies by state. In California, only the defendant can appeal (to prevent plaintiffs from using small claims as a "free trial run"). In New York, either party can appeal within 30 days. An appeal typically moves the case to a higher court with more formal procedures.
Also see: Personal Injury Calculator and Budget Planner.