Find out the regulations for each state concerning the small claims court process, costs, statute of limitations, and maximum claim limits.
alabama
alaska
arizona
arkansas
california
colorado
connecticut
D.C.
delaware
florida
georgia
hawaii
idaho
illinois
indiana
iowa
kansas
kentucky
louisiana
maine
maryland
massachusetts
michigan
minnesota
mississippi
missouri
montana
nebraska
nevada
new hampshire
new jersey
new mexico
new york
north carolina
north dakota
ohio
oklahoma
oregon
pennsylvania
rhode island
south carolina
south dakota
tennessee
texas
utah
vermont
virginia
washington
west virginia
wisconsin
wyoming
Why Landlords and Tenants Use Small Claims Court
Common reasons tenants go to Small Claims Court include disputes over the return of the security deposit and failure to uphold the responsibilities of the lease agreement. Landlords often file suits to recover unpaid rent or the cost of damages that exceed the amount of the security deposit.
Small Claims Court Process for Tenants
Although the exact steps vary by state and court, the process generally includes:
- Filing a written complaint with a filing fee
- Serving a copy of the documents on the defendant
- Attending a court trial to present an argument
- Collecting the judgment
Filing a Complaint. The Small Claims Court process starts when the plaintiff files a complaint, which identifies the defendant and explains why they owe money. The complaint is typically a simple form that can be obtained by contacting the appropriate court. Depending on the court, there are typically other forms that need to be filed along with the complaint.
Serving the Defendant. Once the complaint is filed, the defendant must receive a summons telling them when to appear in court. Each court will have specific delivery methods that are acceptable. Typically, the defendant can be served by a sheriff, private process server, or certified mail. In some states, a friend, relative, or someone else not related to the case can hand-deliver the documents to the defendant.
Attending the Trial. On the trial date, plaintiffs and defendants should bring copies of any evidence available to support their side. The judge will give the plaintiff and defendant an opportunity to provide arguments before they decide to dismiss the case or issue a judgment.
Collecting the Judgment. After the trial, the judge will issue a judgment, which is a court order requiring the losing side to pay. It is the judgment creditor’s responsibility to make sure the losing side pays their debt. The court will not pursue payment on behalf of the judgment creditor without further action. In the best case, the losing side pays their debt on time.
The process generally takes one to three months from the date of filing to the issuance of a judgment. However, the process can be delayed if there are problems serving the defendant or the trial is rescheduled.
How to Prepare for Filing in Small Claims Court
In order to succeed in winning a judgment as quickly as possible, here are the steps for filing a small claims case:
Send a Demand Letter. In some situations, the plaintiff may be required to send a demand letter to the defendant before filing a small claims case. Even if it is not required, the plaintiff may choose to send a demand letter in an attempt to resolve the issue without going to court to save time and money.
Collect Documentation. A judge will want to review any physical evidence available to support the claim, rather than relying on hearsay. Before filing a case, the plaintiff should collect any supporting documents available like the lease agreement, before and after apartment photos, communication, and receipts.
Find the Right Court. Small claims cases must be filed in specific locations depending on the type of case and state law or court rule. Typically, disputes regarding lease agreements can be filed where the rental property is located. However, in some situations, the plaintiff may be required to file the case where the defendant lives or works.
How Much Does it Cost to Go to Small Claims Court?
The small claim filing fee is typically less than $100, but fees vary by state and court so the actual fee may be higher. In addition to the filing fee, the plaintiff may be required to pay an additional fee to serve the summons and any other required documents on the defendant.
| State | Filing Fee |
|---|---|
| Alabama | Varies by court |
| Alaska | $50 – Claims $2,500 or less $100 – Claims over $2,500.01 |
| Arizona | $25 |
| Arkansas | Varies by court |
| California | $30 – Claims up to $1,500 $50 – Claims $1,500.01 to $5,000 $75 – Claims over $5,000.01 |
| Colorado | $31 – Claims $500 or less $55 – Claims over $500.01 |
| Connecticut | $95 |
| Delaware | $35 – Claims under $1,000 $40 – Claims $1,000 to $5,000 $45 – Claims over $5,000 & eviction cases |
| Florida | $55 – Claims under $100 $80 – Claims $100.01 to $500 $175 – Claims $500.01 to $2,500 $300 – Claims over $2,500.01 |
| Georgia | Varies by court |
| Hawaii | $35 |
| Idaho | $69 |
| Illinois | Varies by court |
| Indiana | Varies by court |
| Iowa | $95 |
| Kansas | Varies by court |
| Kentucky | Varies by court |
| Louisiana | Varies by court |
| Maine | $70 |
| Maryland | $34 |
| Massachusetts | $40 – Claims $500 or less $50 – Claims $500.01 to $2,000 $100 – Claims $2,000.01 to $5,000 $150 – Claims over $5,000 |
| Michigan | $30 – Claims $600 or less $50 – Claims $600.01 to $1,750 $70 – Claims over $1,750.01 |
| Minnesota | Varies by court |
| Mississippi | Varies by court |
| Missouri | Varies by court |
| Montana | $30 |
| Nebraska | $29 |
| Nevada | Varies by court |
| New Hampshire | $90 – Claims $5,000 or less $145 – Claims over $5,000.01 |
| New Jersey | $35 |
| New Mexico | $77 |
| New York | $15 to $20 – City or District Court $10 to $15 – Town or Village Court |
| North Carolina | $96 |
| North Dakota | $10 |
| Ohio | Varies by court |
| Oklahoma | Varies by court |
| Oregon | Varies by court |
| Pennsylvania | Varies by court |
| Rhode Island | $55 – In-person filing or by mail $75.75 – Electronic filing |
| South Carolina | $70 |
| South Dakota | $20.76 – Claims up to $100 $26.76 – Claims from $100.01 to $1,000 $36.76 – Claims from $1,000.01 to $3,999.99 $38.76 – Claims over $4,000 |
| Tennessee | Varies by court |
| Texas | $54 |
| Utah | $60 – Claims up to $2,000 $100 – Claims from $2,001 to $7,499 $185 – Claims over $7,500 |
| Vermont | $65 – Claims $1,000 or less $90 – Claims $1,000.01 or more |
| Virginia | Varies by court |
| Washington | $35 or $50 depending on the court |
| Washington D.C. | $5 – Claims under $500 $10 – Claims from $500 to $2,500 $45 – Claims over 2,500 |
| West Virginia | $50 – Claims $500 or less $55 – Claims from $500.01 to $1,000 $60 – Claims from $1,000.01 to $2,000 $70 – Claims over $2,000 |
| Wisconsin | $94.50 – In-person filing $114.50 – Electronic filing |
| Wyoming | $10 |
If the plaintiff can’t afford to pay the filing fee, they can apply to waive them by providing details of their financial situation.
How Long Does the Plaintiff Have to File a Small Claims Case?
The deadline to file a small claims case, known as the statute of limitations, varies by state and depends on what type of case is filed. It is important to know the specific deadline for the situation because lawsuits cannot be processed past that date.
Typically, the statute of limitations varies from 2 to 6 years but can be shorter or longer depending on the situation.
| State | Time Limit to File |
|---|---|
| Alabama | 6 years – Oral or written lease agreement |
| Alaska | 3 years – Oral or written lease agreement |
| Arizona | 1 year – Security deposit dispute 3 years – Violation of an oral lease agreement 6 years – Violation of a written lease agreement |
| Arkansas | 3 years – Oral lease agreement 5 years – Written lease agreement |
| California | 2 years – Violation of an oral lease agreement 3 years – Property damage, security deposit dispute 4 years – Violation of a written lease agreement |
| Colorado | 1 year – Security deposit dispute (with damages) 3 years – Violation of a lease agreement 6 years – Security deposit dispute (without damages) |
| Connecticut | 3 years – Oral lease agreement 6 years – Written lease agreement |
| Delaware | 3 years – Oral or written lease agreement |
| Florida | 4 years – Oral lease agreement 5 years – Written lease agreement |
| Georgia | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Hawaii | 1 year – Security deposit dispute 6 years – Violation of a lease agreement |
| Idaho | 2 years – Return of a security deposit 4 years – Violation of an oral lease agreement 5 years – Violation of a written lease agreement |
| Illinois | 2 years – Penal provisions (e.g., security deposit dispute) 5 years – Remedial provisions (e.g., lease agreement violation) |
| Indiana | 6 years – Oral or written lease agreement |
| Iowa | 5 years – Oral lease agreement, unpaid rent 10 years – Written lease agreement |
| Kansas | 3 years – Oral lease agreement 5 years – Written lease agreement |
| Kentucky | 5 years – Oral lease agreement, security deposit claim 10 years – Written lease agreement |
| Louisiana | 1 year – Security deposit dispute, property damage 3 years – Unpaid rent 10 years – Violation of a lease agreement |
| Maine | 6 years – Oral or written lease agreement |
| Maryland | 2 years – Security deposit claim 3 years – Other civil claims |
| Massachusetts | 4 years – Violation of the Consumer Protection Act 6 years – Violation of a written or oral lease agreement |
| Michigan | 45 days – Some security deposit disputes 3 years – Property damage 6 years – Lease agreement violation, failure to return a security deposit |
| Minnesota | 2 years – Security deposit claim with damages 6 years – Violation of a lease agreement, property damage |
| Mississippi | 3 years – Oral or written lease agreement |
| Missouri | 3 years – Security deposit dispute with damages 5 years – Violation of a statute or a lease agreement 10 years – Unpaid rent |
| Montana | 5 years – Oral lease agreement 8 years – Written lease agreement |
| Nebraska | 4 years – Oral lease agreement 5 years – Written lease agreement |
| Nevada | 4 years – Oral lease agreement 6 years – Written lease agreement |
| New Hampshire | 3 years – Oral or written lease agreement |
| New Jersey | 6 years – Oral or written lease agreement |
| New Mexico | 4 years – Oral lease agreement 6 years – Written lease agreement |
| New York | 3 years – Property damage 6 years – Security deposit dispute, lease agreement violation |
| North Carolina | 3 years – Oral or written lease agreement |
| North Dakota | 6 years – Oral or written lease agreement |
| Ohio | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Oklahoma | 1 year – Violation of law with a statutory penalty (e.g. failure to place security deposit in an escrow account) 3 years – Oral lease agreement violation, violation of law without a statutory penalty (e.g., retaliation) 5 years – Written lease agreement violation |
| Oregon | 1 year – Oral or written lease agreement |
| Pennsylvania | 4 years – Oral or written lease agreement |
| Rhode Island | 10 years – All civil claims |
| South Carolina | 3 years – Lease agreement violation, security deposit dispute, property damage |
| South Dakota | 6 years – Oral or written lease agreement |
| Tennessee | 3 years – Property damage 6 years – Lease agreement violation, unpaid rent |
| Texas | 4 years – Oral or written lease agreement |
| Utah | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Vermont | 6 years – All civil claims |
| Virginia | 3 years – Oral lease agreement 5 years – Written lease agreement |
| Washington | 3 years – Security deposit dispute, oral lease agreement violation, property damage 6 years – Written lease agreement violation |
| Washington D.C. | 3 years – Written or oral lease agreement |
| West Virginia | 5 years – Oral lease agreement 10 years – Written lease agreement |
| Wisconsin | 3 years – Security deposit dispute 6 years – Lease agreement violation, unpaid rent |
| Wyoming | 3 years – Security deposit dispute 6 years – Lease agreement violation, unpaid rent |
| Wyoming | 8 years – Oral lease agreement 10 years – Written lease agreement |
What is the Maximum Recoverable Amount in Small Claims Court?
Because Small Claims Court is designed for minor cases, each court sets a maximum amount that plaintiffs can claim. The maximum amount varies by state and court.
In most states, like Florida, the small claims limit is the same in all Small Claims Courts throughout the state. However, in some states, different courts have different limits.
| State | Maximum Claim Amount |
|---|---|
| Alabama | $6,000 |
| Alaska | $10,000 |
| Arizona | $3,500 |
| Arkansas | $5,000 |
| California | $10,000 for individuals $5,000 for businesses |
| Colorado | $7,500 |
| Connecticut | $5,000 (may be exceeded if the judge awards damages) |
| Delaware | $25,000 |
| Florida | $8,000 |
| Georgia | $15,000 |
| Hawaii | $5,000 (no limit for security deposit claims) |
| Idaho | $5,000 |
| Illinois | $10,000 |
| Indiana | $10,000 |
| Iowa | $6,500 |
| Kansas | $4,000 |
| Kentucky | $2,500 |
| Louisiana | $5,000 (may be exceeded if the judge awards damages) |
| Maine | $6,000 |
| Maryland | $5,000 |
| Massachusetts | $7,000 (may be exceeded if the judge awards damages) |
| Michigan | $6,500 |
| Minnesota | $15,000 |
| Mississippi | $3,500 |
| Missouri | $5,000 |
| Montana | $7,000 |
| Nebraska | $3,900 |
| Nevada | $10,000 |
| New Hampshire | $10,000 |
| New Jersey | $5,000 |
| New Mexico | $10,000 |
| New York | $10,000 – New York City Court $5,000 – City or District Court $3,000 – Town or Village Court |
| North Carolina | $5,000 or $10,000 depending on the court |
| North Dakota | $15,000 |
| Ohio | $6,000 |
| Oklahoma | $10,000 |
| Oregon | $10,000 |
| Pennsylvania | $12,000 |
| Rhode Island | $5,000 |
| South Carolina | $7,500 |
| South Dakota | $12,000 |
| Tennessee | $25,000 |
| Texas | $20,000 |
| Utah | $15,000 |
| Vermont | $5,000 |
| Virginia | $5,000 |
| Washington | $10,000 for individuals $5,000 for businesses |
| Washington D.C. | $10,000 |
| West Virginia | $10,000 |
| Wisconsin | $10,000 |
| Wyoming | $6,000 |
What Happens if the Defendant Doesn’t Pay a Small Claims Judgment?
If the defendant is delinquent or refuses to pay, the judgment creditor can get the court involved to enforce the judgment. Typical court actions to enforce a judgment include garnishment of the defendant’s wages or bank funds, property seizure, or real estate lien. Depending on the local court and the specific situation, some or all of these options will be available.
