Each state sets maximum dollar limits for small claims court—the most you can sue for in this simplified system. Knowing your state's limit helps you decide whether small claims court is appropriate for your dispute. If your claim exceeds the limit, you must choose between waiving the excess or filing in regular civil court.
Limits vary dramatically from state to state, and some states have different limits for different types of cases or claimants.
State-by-State Limits
Small claims limits range from under ,000 to 5,000 depending on the state. Tennessee and Georgia have among the highest limits at 5,000 and 5,000 respectively. Rhode Island and Kentucky have lower limits around ,500 to ,000.
Most states fall in the ,000 to 0,000 range. California allows up to 0,000 for individuals (,000 for businesses). New York allows ,000 (0,000 in New York City).
These limits change periodically—verify current limits before filing.
Different Limits for Different Claimants
Some states have different limits depending on who's suing. California limits business claims to ,000 while individuals can sue for up to 0,000. This reflects the policy that small claims should primarily serve individual consumers.
Some states restrict how often businesses can file in small claims or cap the number of cases per year. These restrictions prevent businesses from using small claims as a debt collection factory.
What Counts Toward the Limit
The limit applies to the total damages you seek—principal amount, interest, and other monetary damages. In some states, court costs and filing fees don't count toward the limit; in others, everything is included.
If you have multiple claims against the same defendant, states handle this differently. Some allow you to combine claims; others require keeping them separate. Splitting one claim into multiple smaller cases to stay under the limit is typically not allowed.
What If Your Claim Exceeds the Limit
If your claim is worth more than the small claims limit, you have options. You can waive the excess—sue for the maximum and give up the rest. This is sensible when the excess is small and avoiding regular court is worth the sacrifice.
Alternatively, file in regular civil court. This allows recovery of your full claim but involves more complexity, expense, and time. You may want or need a lawyer.
Consider whether the simplicity and speed of small claims justifies accepting less than full recovery. Sometimes getting most of your money quickly is better than pursuing all of it slowly.
Multiple Defendants
If you're suing multiple defendants, the limit typically applies per defendant, not in total. You could potentially recover the maximum from each defendant separately—though you can't recover more than your actual damages.
Joint and several liability rules may allow you to collect the full amount from any defendant. Understanding these rules helps you structure your claim effectively.
Interest and Other Damages
In addition to your principal claim, you may recover interest—often at the legal rate from when payment was due. Some states allow interest beyond the limit; others include interest within the limit.
Court costs may be recoverable beyond the limit. Filing fees, service costs, and sometimes witness fees can be added to your judgment.
Attorney's fees are generally not recoverable in small claims since attorneys often aren't used. But contracts providing for attorney's fees may be an exception in some states.
Checking Current Limits
Limits change through legislation. Before filing, verify current limits through your state's court system website, the clerk's office, or legal self-help resources. Don't rely on outdated information that might make you file in the wrong court.
Some states have separate small claims divisions with different names and limits. Magistrate courts, justice courts, and other local courts may have varying jurisdictional limits.
Getting Legal Help
Even if you don't need a lawyer for small claims court, a brief consultation can help you understand whether small claims is appropriate, calculate your total damages correctly, and decide whether waiving excess makes sense. Court self-help centers often provide free assistance understanding small claims limits and procedures in your jurisdiction.