| Is Your Case Eligible
in Small Claims
Court? |
Small claims courts primarily resolve relatively small
monetary disputes (usually between $2,500 and $7,500, depending on the
state. Common types of claims involve failure to repay a loan, fix
a car or appliance properly, or meet the terms of a service contract --
for example, properly remodel a kitchen or install a new roof.
In a few states, small claims courts may also rule on a
limited range of other types of legal disputes, such as evictions or
requests for the return of an item of property (called "restitution" in
legal jargon). But no matter where you live, you cannot use small claims
court to file a divorce, guardianship, name change or bankruptcy, or to
ask for emergency relief, such as an injunction to stop someone from doing
an illegal act.
When it comes to disputes involving money, you can usually
file in small claims court based on any legal theory that is allowed in
any other court -- for example, breach of contract, personal injury,
intentional harm or breach of warranty. Thus if you buy an expensive new
"all weather tent" and it leaks the first time you're out in a storm, you
have the basics for a valid small claims suit based on breach of warranty.
However, a few states do limit or prohibit a few types of cases from being
filed in small claims court. Most likely "no-no's" include suits based on
libel, slander and false arrest.
Finally, suits against the federal government, a federal
agency or even against a federal employee for actions relating to his or
her employment cannot be brought in small claims court. Suits against the
federal government normally must be filed in a federal District Court or
other federal court, such as Tax Court or the Court of Claims.
Unfortunately, there are no federal small claims procedures available
except in federal Tax Court.
This chart tells you how much you can sue for in your
state's small claims court.
Small Claims Court Limits for the 50 States
| State |
Dollar Limit |
| Alabama |
$3,000 |
| Alaska |
$7,500 |
| Arizona |
$2,500 (Small Claims Court); $5,000 (Regular Justice
Court) |
| Arkansas |
$5,000 |
| California |
$5,000 (A plaintiff may not file a claim over $2,500 more
than twice a year. The limit for suits involving a surety
company or licensed contractor is $4,000.) |
| Colorado |
$5,000 |
| Connecticut |
$3,500 (no limit for landlord-tenant cases involving
security deposit claims) |
| Delaware |
$15,000 |
| District of Columbia |
$5,000 |
| Florida |
$5,000 |
| Georgia |
$15,000 |
| Hawaii |
$3,500 |
| Idaho |
$3,000 (will increase to $4,000 on January 1, 2001) |
| Illinois |
$5,000 (Small Claims); $1,500 (Cook County Pro Se
Branch) |
| Indiana |
$3,000 ($6,000 in Marion and Allen Counties) |
| Iowa |
$4,000 |
| Kansas |
$1,800 |
| Kentucky |
$1,500 |
| Louisiana |
$3,000 ($2,000 for movable property) |
| Maine |
$4,500 |
| Maryland |
$2,500 |
| Massachusetts |
$2,000 |
| Michigan |
$3,000 |
| Minnesota |
$7,500 |
| Mississippi |
$2,500 |
| Missouri |
$3,000 |
| Montana |
$3,000 |
| Nebraska |
$2,400 |
| Nevada |
$5,000 |
| New Hampshire |
$5,000 |
| New Jersey |
$2,000 (Small Claims Court); $10,000 (Special Civil Part,
Superior Court) |
| New Mexico |
$7,500 |
| New York |
$3,000 |
| North Carolina |
$4,000 |
| North Dakota |
$5,000 |
| Ohio |
$3,000 |
| Oklahoma |
$4,500 |
| Oregon |
$5,000 |
| Pennsylvania |
$8,000 (Small Claims); $10,000 (Philadelphia Municipal
Court) |
| Rhode Island |
$1,500 |
| South Carolina |
$7,500 |
| South Dakota |
$8,000 |
| Tennessee |
$15,000; $25,000 in Shelby and Anderson counties; no limit
in evictions or suits to recover personal property) |
| Texas |
$5,000 |
| Utah |
$5,000 |
| Vermont |
$3,500 |
| Virginia |
$1,000 (Small Claims Court); $3,000 (General District
Court); $15,000 (Circuit Court); no limits on eviction suits
in General District Court |
| Washington |
$2,500 |
| West Virginia |
$5,000 |
| Wisconsin |
$5000 (no limit on eviction suits) |
| Wyoming |
$3,000 (Small Claims Court); $7,000 (County Circuit
Court) |
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