Small Claims Court Limits: How Much Can You Sue For?

Your landlord kept your deposit. Your friend ghosted you after borrowing $2,000. Hiring a lawyer costs too much. This is where Small Claims Court shines. It is the “Judge Judy” style court where you represent yourself. But each state has a different limit.

BMT Legal Research Team BMT Legal Research Team · 📅 Jan 2026 · ⏱️ 4 min read · LEGAL › COURTS
Avg Limit
$5k-$10k
Depends on StateCheck
Filing Fee
~$50
Cheap & FastEasy
Lawyers?
No
Self-Rep OnlyRule

State-by-State Limits (2026)

Before you file, check the ceiling. If you are owed $15,000 but your state limit is $10,000, you have to waive the extra $5,000 to sue here.

State Tier Limit (Approx) Examples
High Limit $15k – $25k TN, DE, GA
Medium Limit $7k – $12k CA, TX, NY, FL
Low Limit $2.5k – $5k KY, RI, AZ
What if I’m owed more?
You have two choices:
1. Sue in Civil Court: Hire a lawyer (Expensive).
2. Sue for the Max: Forget the excess amount and just take the Small Claims max (Cheap & Fast).
Cost to Sue
Filing Fee $30 – $100
You get this back if you win.
Process Server ~$50
To notify the defendant.
Lawyer Fees $0
Not allowed usually.

3 Steps to Justice

1. Send a “Demand Letter”

Before going to court, you must prove you tried to solve it nicely. Send a certified letter: “Pay me $5,000 by Friday or I will sue.” Keep the receipt. The judge will ask for this.

2. File in the Correct County

Trap Alert: You generally must file in the county where the Defendant lives or where the incident happened, NOT where you live.
(If you live in NY but the guy who owes you money lives in NJ, you have to go to NJ to sue him).

3. “Serve” the Papers

You cannot hand the lawsuit to them yourself. You must hire a Sheriff or a Process Server to hand it to them. This proves they know about the court date.

Pro Tip: Winning is Not Collecting

The judge says “You Win!” and bangs the gavel. Does the defendant write a check? Usually no.

How to Actually Get Paid

If they refuse to pay the judgment:
1. Wage Garnishment: Ask the court to take money directly from their paycheck.
2. Bank Levy: Ask the Sheriff to freeze and seize their bank account.
3. Lien: Put a lien on their house or car. They can’t sell it until they pay you.
(Note: You can’t get blood from a stone. If they are broke, you get nothing).

Frequently Asked Questions

Can I bring a lawyer?
Depends. In California and Michigan, lawyers are BANNED from Small Claims court (unless they are representing themselves). In other states, they are allowed but rare because their fees cost more than the lawsuit.
What is the deadline?
Statute of Limitations. You can’t sue for a loan from 10 years ago. Usually, you have 2-6 years to file, depending on the type of contract (Written vs. Verbal).