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Small claims court

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Default Small claims court

Small claims courts are courts of limited jurisdiction that hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction: it may be known by such names as county court or magistrate's court. Small claims courts can be found in Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom, and many U.S. states.

 
Purpose and operation

The business of small claims courts typically encompasses small private disputes in which large amounts of money are not at stake. The routine collection of small debts forms a large portion of the cases brought to small claims courts, as well as evictions and other disputes between landlord and tenant unless the jurisdiction is already covered by a tenancy board.

Typically, a small claims court will have a maximum monetary limit to the amount of judgments it can award; these limits vary. Upper limits are set in the thousands of dollars/pounds. By suing in a small claims court, the plaintiff typically waives any right to claim more than the court can award. The plaintiff is allowed to reduce a claim to fit the requirements of this venue. In some jurisdictions, a party who loses in a small claims court is entitled to a trial de novo in a court of more general jurisdiction and with more formal procedures.

The rules of civil procedure and sometimes evidence are typically altered and simplified in order to make the procedures economical: one guiding principle usually operating in these courts is that individuals ought to be able to conduct their own cases and represent themselves without recourse to a lawyer. In some jurisdictions corporations must still appear, represented by a lawyer, in small claims court. Rules of pleading are likewise simplified; in many court systems, no answer is required of the defendant, and default judgment is not available for failing to file a written response. Expensive court procedures such as interogatories and depositions are usually not allowed in small claims court. Practically, all matters filed in small claims court are set for trial. Under some court rules should the defendant not show up at trial and not have requested postponement, a default judgment may be entered in favour of the plaintiff.

Trial by jury is seldom or never conducted in small claims courts; it is typically excluded by the statute establishing the court. Similarly, equitable remedies such as injunctions, including protective orders, are seldom available from small claims courts.

Separate family courts may exist to hear simple cases in family law. For reasons having more to do with history than with the sort of case typically heard by a small claims court, most US states do not allow domestic relations disputes to be heard in small claims court.

Winning in small claims court does not automatically ensure payment in recompense of a plaintiff's damages. This may be relatively easy, in the case of a dispute against an insured party, or extremely difficult in the case of an uncooperative, transient or indigent defendant.

Most courts encourage parties with disputes to seek alternative means of resolving disputes, if possible, before filing for suit. For example, the Superior Court of Santa Clara provides guidelines for resolving disputes out of court. Additionally, the parties can both agree on a third party to arbitrate their dispute outside of court.


 

Contents

[top]Small claims resources - State links



[top]Alabama

Alabama - Small Claims Forms

How much can I sue for in small claims court? ... Dollar limit Alabama $3,000



[top]Alaska

Alaska Small Claims Handbook (Forms Committee, Alaska Supreme Court, February 2004). See also small claims forms online.

How much can I sue for in small claims court? ... Dollar limit Alaska $10,000




[top]Arizona

Arizona's Small Claims Divisions - A Guide to the Operations of Small Claims Divisions in Justice of the Peace Courts

How much can I sue for in small claims court? ... Dollar limit Arizona $2,500



[top]Arkansas

Small Claims Court in Arkansas - FAQ and sample forms.

How much can I sue for in small claims court? ... Dollar limit Arkansas $5,000

District courts, formerly known as municipal courts before passage of
Amendment 80 to the Arkansas Constitution, exercise county-wide jurisdiction over misdemeanor cases, preliminary felony cases, and civil cases in matters of less than $5,000. A small claims division of district court provides a forum in which citizens represent themselves to resolve minor civil matters. The city courts operate in smaller communities where district courts do not exist and exercise city-wide jurisdiction.




[top]California

California courts offer extensive self-help resources, many of which are targeted at an audience of small claims litigants. Moreover, many counties have a small claims advisor, who provides consultation via telephone. Below is a listing of general statewide resources, as well as links to individual superior court small claims divisions by county. EZLegalFile is an interactive site that helps litigants fill out the necessary forms.

How much can I sue for in small claims court? ... Dollar limit California $7,500

Self-Help Center: Small Claims. Guide to procedures, mediation, collection, links, forms, etc.

California Department of Consumer Affairs

Amador County Superior Court, Small Claims Division - introduction, how to file, jurisdiction, court clerk's role, what to expect, links, and information for defendants.

Calaveras County Superior Court, Small Claims Information - click on "small claims" on the menu to the left. Contacts, self-help, forms.

Contra Costa Superior Court, Small Claims Court - general information, contacts, how to obtain forms.

Fresno Small Claims information - contacts, resources, lawyer and mediation referral, forms, etc. from the statewide Self-Help Center.

Glenn County Small Claims Information - overview, how to file a claim, monetary limits, small claims advisor, court clerk's role, links to self-help sites, what to expect, information for defendants, FAQ.

Humboldt County Small Claims Advisory Services - contacts, lawyer referral, law library.

Inyo Superior Court, Small Claims Division - overview, filing a claim, hearings, information for defendants and plaintiffs, monetary limits, court clerk's role, what to expect, contacts.

Kern County Superior Court, Small Claims - introduction, interpreter information, special accommodations, night court, filing a claim, fees, forms, legal advice, resources.

Lake County Small Claims Information - hours, contacts, links.

Los Angeles County Superior Court, Small Claims overview, filing, rules, contact for small claims court advisor.

Marin County Superior Court, Small Claims - link to EZFile, how to subpoena a witness, appeals, naming a defendant, changing a court date, changing or amending claims, FAQ about appeals, contacts, hours.

Mendocino County Superior Court, Small Claims - clerk information, forms and filing, fees, assistance, calendar, local rules, contacts, hours.

Modoc County Superior Court, Small Claims Court - basic information about case types, contacts, location, etc.

Mono County Superior Court, Small Claims - process, advisor, EZLegal File link.

Napa Small Claims Court - jurisdictional amounts; contact information; procedure; links; service of process.

Nevada County Superior Court Small Claims Information - requirements, fees, procedures, fictitious business name instructions, suing a business or corporation, suing government agencies, attorney-client fee disputes, methods of service, suing multiple defendants, how to request a continuance, list of things to consider before filing or defending a suit.

Orange County Superior Court Small Claims Information - jurisdiction, contacts, links to resources.

Placer County Superior Court, Civil and Small Claims - introduction, contacts, filing information, service of process, resources.

Plumas County Small Claims information - hours, advisor contact, mediation, law library, court website.

Riverside County Small Claims information - forms, contacts, overview, advisor contact.

Sacramento County Superior Court, Small Claims - process, location and hours, mediation, e-filing, Sacramento Small Claims Advisory Clinic, links, exhibits.

San Benito County Small Claims information - hours, contacts, website.

San Bernardino County Small Claims information - contacts, hours, advisors, law library.

San Diego Superior Court, Small Claims Court - overview, filing a claim, rules, service of process, enforcement, fees. Advisor, post-judgment proceedings, sheriffs fees.

San Francisco Superior Court, Small Claims Division - contacts, jurisdiction, forms, interpreter information, advisor contact, links.

San Joaquin County Superior Court, Small Claims - overview, filing, rules, fee waiver information, advisor, e-filing, resources, post-judgment information.

San Mateo County Superior Court, Small Claims - allows parties to complete forms online. Also includes local forms, information, mediation, how to prepare claim, how to file, how to serve, how to change a date, how to appeal, collection, advisory workshops, glossary, and other resources.

Santa Clara Superior Court, Small Claims - fees, self-service, case info, links to state resources.

Stanislaus County Superior Court, Small Claims - overview, statutes, basic procedure, fee schedule, state resources.

Yolo County Superior Court, Small Claims - contact, location, FAQ, handbook, fees, and forms.



[top]Colorado

State Small Claims Page - includes forms, FAQ, Handbook, and Small Claims Rules of Procedure

How much can I sue for in small claims court? ... Dollar limit Colorado $7,500



[top]Connecticut

In Connecticut, small claims court is part of the Civil Division of the Superior Court.

How much can I sue for in small claims court? ... Dollar limit Connecticut $5,000

Small Claims - FAQ



[top]Delaware

In Delaware, the jurisdiction of the Court of Common Pleas includes civil cases with amounts in controversy less than $50,000.

How much can I sue for in small claims court? ... Dollar limit Delaware $15,000

COURT PROCEEDINGS IN THE JUSTICE OF THE PEACE COURT



[top]District of Columbia

DC Superior Court - contains location, hours, contacts, jurisdiction, FAQ.

How much can I sue for in small claims court? ... Dollar limit District of Columbia $5,000



[top]Florida

Florida State Courts - Florida State Courts

How much can I sue for in small claims court? ... Dollar limit Florida $5,000

Alachua County (Eighth Circuit): Small claims court information includes overview, definitions of legal terms, procedure, how to fill out forms, mediation information, collection, and help on how to use the pro se site.

Brevard County small claims forms.

Broward County: Civil Department (Circuit and County) FAQ includes small claims information.

Charlotte County: Summary Claims information includes jurisdiction, documents that litigants must bring to court, contacts.

Citrus County: forms. (Click on "courts" and "small claims.")

Clay County: small claims overview, evaluating a claim; filing, procedures.

Collier County: small claims FAQ, online calculator.

Escambia County: Small claims commonly asked questions. (Use the "jump to" dropdown menu and select "Small claims?")

Flagler County: Small claims procedures, jurisdiction, collections, filing, etc. (Mouse over "Department Info," then select "Civil Court," then select "Small Claims.")

Gilchrist County: Information about small claims procedures (click on "County Civil Department.")

Hernando County: County Civil Department. Includes jurisdiction, hours, contact, worksheet, statement of responsibility, statement of claim.

Hillsborough County: County Civil Department site offers overview, forms, contact information.

Lake County: Small claims FAQ, fees, office location and phone number, handbook, "how-to" for various steps in the procedure of a small claims case.

Lee County: Small claims forms.

Levy County: Small claims court information includes jurisdiction/overview, when and where to file, pretrial hearing, trial, how to collect a judgment, worksheet, and FAQ.

Manatee County: Small claims information includes forms, fees, overview, and contacts.

Marion County: Summary claims (small claims) page includes information about filing, service, pretrial, mediation, judgments, and settlement.

Martin County: Small claims page includes information about filing fees, court costs, how to file, FAQ about procedures, and links to forms.

Miami-Dade: Small claims court information includes overview/jurisdiction, telephone numbers, and procedure.

Monroe County: Small claims FAQ, contacts.

Okaloosa County: Small claims FAQ includes schedule of service charges and information about mediation, as well as basic procedure in a small claims case.

Osceola County: Small claims information includes FAQ (click on "Small/Summary Claims").

Palm Beach County: Small claims information includes filing fees, overview, locations, hours, etc. (click on "Small Claims" under "Other Pages" in the left-hand menu).

Pasco County: Small claims information includes overview/jurisdiction, the role of the clerk, requirements to file, all necessary forms and documents, filing fees, costs, how to pay fees and costs, how to collect a judgment, contacts, and directions.

Pinellas County: Small claims information includes FAQ on procedure, how to collect a judgment, schedule of fees, and contacts.

Polk County: Small Claims Court FAQ. (Click on "Common Questions" and "Small Claims Court.")

St. John's County: Small claims information includes downloadable guide, forms, instructions, and affidavits.

Seminole County: FAQ about civil cases includes information about small claims (scroll down to reach section).

Volusia County: Small claims page includes overview, procedure, definitions, role of the clerk, contacts, collections, forms, filing requirements, schedule of service charges, and other information. (Click on "Clerk's Departments" and then "Small Claims" to view the page.)

Walton County: Small claims page includes jurisdiction, filing fees, location, instructions for filing, procedure, suggestions for collecting money judgments, and satisfaction of judgment. (Click on "Small Claims" in the left-hand menu.)



[top]Georgia

Small claims cases are heard in Magistrate Courts. Magistrate Court forms (although these are not all small claims) are available by county.

How much can I sue for in small claims court? ... Dollar limit Georgia $15,000

Chatham County Magistrate Court: Handy guide to small claims court, including how to collect judgment, settlement, and "important things to remember." (Click on "Small Claims Court" in the green section of the left-hand menu.)



[top]Hawaii

Hawaii District Court: Small Claims Court information includes brochure, forms, and overview.

How much can I sue for in small claims court? ... Dollar limit Hawaii $3,500


[top]Idaho

Small Claims in Idaho providing information, referral and standard forms for persons who are representing themselves in court.

Sixth Judicial District Court offers forms and instructions for small claims.

How much can I sue for in small claims court? ... Dollar limit Idaho $4,000

Idaho State Judiciary



[top]Illinois

Gives general information about the small claims process.

How much can I sue for in small claims court? ... Dollar limit Illinois $10,000


Offers forms and general information.



[top]Indiana

Gives rules on small claims court.

How much can I sue for in small claims court? ... Dollar limit Indiana $6,000


Small claims manual (2005) .pdf

Offers explanation of the process.

Explanation of how small claims court works.



[top]Iowa

Explaining rules and procedures of representing yourself in small claims cases.

How much can I sue for in small claims court? ... Dollar limit Iowa $5,000

Gives forms.

About Small Claims in Iowa



[top]Kansas

Explains what the small claims court does and gives forms.

How much can I sue for in small claims court? ... Dollar limit Kansas $4,000

Kansas Small Claims Information



[top]Kentucky

Small claims forms. Scroll to the bottom of the web page.

How much can I sue for in small claims court? ... Dollar limit Kentucky $1,500



[top]Louisiana

Explaining how to use the Baton Rouge Small Claims Court and answering frequently asked questions.

How much can I sue for in small claims court? ... Dollar limit Louisiana $3,000


Louisiana.gov - The offical web site of the State of Louisiana



[top]Maine

This site explains what the small claims court does, as well as provides online forms, as well as a guide to small claims court proceedings.

How much can I sue for in small claims court? ... Dollar limit Maine $4,500



[top]Maryland

District Court of Maryland's site shows how to file a claim and answers FAQs.

How much can I sue for in small claims court? ... Dollar limit Maine $4,500

Guide to Small Claims Proceedings in the District Court



[top]Massachusetts

Explains the small claims court process and gives listing of all small claims courts in the state.

How much can I sue for in small claims court? ... Dollar limit Massachusetts $2,000

District Court Department - SMALL CLAIMS INFORMATION - The small claims court is not a separate court, but a special session of the District Court, the Boston Municipal Court or the Housing Court. It is designed to provide a simple, informal and inexpensive procedure for the resolution of smaller cases ($2,000 or less). The information below is provided to assist those persons wishing to proceed in District Court.



[top]Michigan

Gives self-help explanations of small claims court process.

How much can I sue for in small claims court? ... Dollar limit Michigan $3,000

Michigan - Small Claims Court

Explains procedure and offers additional resources on the topic.



[top]Minnesota

Gives basic information about conciliation court (small claims).

How much can I sue for in small claims court? ... Dollar limit Minnesota $7,500

Minnesota Judicial Branch, a fully unified system of trial and appellate courts administered by the Minnesota Judicial Council.

Explains what Conciliation Court is and the fees paid in Stearns County.

Attorney General Consumer Protection Division's users' guide to Conciliation Courts.



[top]Mississippi

Gives basic information on the state's small claims courts.

How much can I sue for in small claims court? ... Dollar limit Mississippi $2,500

Justice Court handles all civil jurisdiction up to $2,500.

Briefly explains small claims court process in Hinds County.

The Official State Web Site of Mississippi - State Judiciary & Local Judiciary



[top]Missouri

The Missouri Bar Young Lawyers' Section publishes the Missouri Small Claims Handbook.

How much can I sue for in small claims court? ... Dollar limit Missouri $3,000

Missouri - Small Claims Forms



[top]Montana

Montana State Bar Association gives general information about small claims courts in the state and gives the phone number to the lawyer referral service.

How much can I sue for in small claims court? ... Dollar limit Montana $3,000

Montana -Guide to Small Claims Court - Small claims court is a quick, inexpensive and informal way to resolve disputes over small amounts of personal property or money. Juries and lawyers are not necessary. Small claims cases are handled in justice courts, in accordance with Title 25, Chapter 35 of the Montana Code Annotated.



[top]Nebraska

Web page providing general information on small claims courts by the Nebraska Judicial Branch.

How much can I sue for in small claims court? ... Dollar limit Nebraska $2,700

Self-help website by the Nebraska Judicial Branch providing instructions and an "on-line assistant" guiding through the process. It is not designated to provide specific advice, and may not be totally applicable in any particular case. If you have additional questions about small claims court or your legal rights, you should seek the professional advice of a lawyer.



[top]Nevada

Clark County's (including Las Vegas) website giving general information on the courts as well as FAQs and providing forms.

How much can I sue for in small claims court? ... Dollar limit Nevada $5,000

This site provides detailed information on the small claims courts in Clark County, discussing filing forms and fees.



[top]New Hampshire

Gives basic information on small claims courts: why to file, where to go, what to do. This site also provides forms for consumer complaints.

How much can I sue for in small claims court? ... Dollar limit New Hampshire $5,000

New Hampshire: How to File a Small Claim/Court Procedures


[top]New Jersey

Explains what small claims can typically be filed as well as other FAQs.

How much can I sue for in small claims court? ... Dollar limit New Jersey $3,000

This is a real property tax small claims handbook providing general information both in English and Spanish.



[top]New Mexico

Bernalillo County Metropolitan Court provides a brochure, "Collection of a Judgment."

How much can I sue for in small claims court? ... Dollar limit New Mexico $10,000

New Mexico: How to file a private lawsuit in Metro or Magistrate small claims court



[top]New York

Gives general information on small claim courts, including small and commercial claims, court fees and community outreach.

How much can I sue for in small claims court? ... Dollar limit New York $5,000 ($3,000 in town and village courts)

New York City Civil Court - Small Claims Forms

Instructions for Filing a Small Claims/Commercial Claims Action (only for non-New York City residents suing New York City residents) (CIV-SC-66)(pdf)

Statement of Claim (CIV-SC-50)(pdf)

Instructions For Filing Actions Against the City of New York, the State of New York, the United States of America
(CIV-SC-25)(pdf)

New York State - CONSUMER PROTECTION BOARD



[top]North Carolina

About Small Claims Court - Small claims court is part of the District Court Division. It handles civil cases where a plaintiff requests assignment to a magistrate and the amount in controversy is $5,000 or less. The principal relief sought in small claims court is money, the recovery of specific personal property, or summary ejectment (eviction). A magistrate presides over small claims court. There is no jury and usually no lawyers. A person who loses in small claims court may appeal for a trial by jury before a judge in District Court.

For additional information see the Guide to Small Claims Court maintained under the Publications area of the Legal Aid of North Carolina Web Site

How much can I sue for in small claims court? ... Dollar limit North Carolina $5,000

Providing basic information, including fees, amount in dispute must be $4,000 or less, as well as how to file a claim.

Gives general information on the court as well as a link to the state's Legal Aid for more information.



[top]North Dakota

The amount in dispute must be $5,000 or less, also provides general information.

How much can I sue for in small claims court? ... Dollar limit North Dakota $5,000

This website has the forms needed to file a claim.



[top]Ohio

Brochure from the consumer protection section of the state attorney general's office.

How much can I sue for in small claims court? ... Dollar limit Ohio $3,000

Ohio Judicial Conference. "Small Claims Court: A Citizens Guide." Columbus, OH: Ohio Judicial Conference and Ohio State Bar Foundation, 2006.

Types of cases heard in small claims court.



[top]Oklahoma

General information from the Oklahoma State Bar Association.

How much can I sue for in small claims court? ... Dollar limit Oklahoma $6,000

Lists fees.



[top]Oregon

Explains the procedures in small claims court.

How much can I sue for in small claims court? ... Dollar limit Oregon $5,000

Comprehensive site of the small claim court process in the state.



[top]Pennsylvania

Informational pamphlet on small claims court in Philadelphia.

How much can I sue for in small claims court? ... Dollar limit Pennsylvania $8,000



[top]Rhode Island

Sharing information on small claims court like the rights of plaintiff and defendant.

How much can I sue for in small claims court? ... Dollar limit Rhode Island $2,500



[top]South Carolina

General information on Charleston County's magistrate's court.

How much can I sue for in small claims court? ... Dollar limit South Carolina $7,500

Magistrates Small Claims Court - The magistrate court in many instances functions as a Small Claims Court. In order for this court to have jurisdiction, your claim cannot exceed $7,500.00, except in disputes between landlords and tenants. Employees of the magistrate court will help you file your claim in writing and will explain to you how your case will proceed through trial. You are not required to hire an attorney unless you so desire.



[top]South Dakota

Provides basic information.

How much can I sue for in small claims court? ... Dollar limit South Dakota $8,000



[top]Tennessee

Tennessee Bar Association's general information on small claims procedure.

How much can I sue for in small claims court? ... Dollar limit Tennessee $15,000 ($25,000 in Shelby and Anderson Counties)



[top]Texas

Comprehensive FAQ of small claims court in Williamson County.

How much can I sue for in small claims court? ... Dollar limit Texas $5,000

State of Texas - Justice of the Peace Courts



[top]Utah

A small claims department of the District Court is designated to settle legal issues and problems arising from contractual or service disputes or other claims which do not exceed the sum of $7,500. A small claims court allows an individual or business to be compensated by a party who has not performed according to an agreement or who had committed some wrongdoing.

Background information and answers some questions on small claims court procedure.

How much can I sue for in small claims court? ... Dollar limit Utah $7,500

Utah codes on small claims court.



[top]Vermont

Explains to the public what the small claims court does as well as giving FAQs.

How much can I sue for in small claims court? ... Dollar limit Vermont $3,500



[top]Virginia

Comprehensive site on small claims court procedure.

How much can I sue for in small claims court? ... Dollar limit Virginia $2,000



[top]Washington

FAQs and brochure.

How much can I sue for in small claims court? ... Dollar limit Washington $4,000

Self-help information.



[top]West Virginia

There are 158 magistrates statewide, with at least two in every county and 10 in the largest county. Magistrates issue arrest and search warrants, hear misdemeanor cases, conduct preliminary examinations in felony cases, and hear civil cases with $5,000 or less in dispute. Magistrates also issue emergency protective orders in cases involving domestic violence. The circuit courts hear appeals of magistrate court cases.

How much can I sue for in small claims court? ... Dollar limit West Virginia $5,000

West Virginia - Magistrate Courts - Trial Courts of Limited Jurisdiction

Provides general information on Magistrate Courts (Small Claims Courts).

Gives some background on Magistrate Courts.

Some self-help information.



[top]Wisconsin

Basic information on small claims courts.

How much can I sue for in small claims court? ... Dollar limit Wisconsin $5,000

Small Claims court guide in Dane County.

Shares the types of cases brought to small claims courts.

Basic information as well as what can be done in the event the defendant does not pay what is awarded to the plaintiff by the judgment.



[top]Wyoming

Rules governing small claims cases.

How much can I sue for in small claims court? ... Dollar limit Wyoming $5,000

Wyoming Circuit Courts - The Circuit Court is a limited jurisdiction court, which operates in all 23 counties. It hears all misdemeanor criminal cases and smaller civil cases. Judges are full time and they must be lawyers.

Wyoming: Circuit Courts Directory


 
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