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New England States
[spoiler title=”CONNECTICUT”]
Court: Small claims cases are heard in the Justice of the Small Claims division of the Superior Court.
Claim Limit: $5,000.00
Answer Period: The answer date is printed on the Notice of Suit.
Attorney Representation: Connecticut permits attorneys in small claims court.
Eviction Cases: Eviction cases are not allowed in small claims court.
Jury Trial: Jury trials are not permitted in small claims court.
Statutes of Limitations (Conn. Gen. Stat. Ann. § 52-575 et seq.):
– Written Contract: 6 years
– Oral Contract: 3 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”MAINE”]
Court: Small claims cases are heard in the Small Claims section of the District Court.
Claim Limit: $6,000.00
Attorney Representation: Maine permits attorneys in small claims court.
Eviction Cases: Eviction cases are allowed in small claims court.
Jury Trial: Jury trials are not permitted in small claims court.
Statutes of Limitations (Me. Rev. Stat. Ann. tit. 14, § 751 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 6 years
– Real Property: 6 years
– Personal Property: 6 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”MASSACHUSETTS”]
Court: Small claims cases are heard in the Small Claims division of the Boston municipal court, or in the Small Claims section of the District Court.
Claim Limit: $7,000.00, but there is no limit for property damage caused by a vehicle.
Attorney Representation: Massachusetts permits attorneys in small claims court.
Eviction Cases: Eviction cases can not be filed in small claims court.
Jury Trial: Jury trials are not permitted in small claims court.
Statutes of Limitations (Mass. Ann. Laws ch. 260, § 1 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”NEW HAMPSHIRE”]
Court: Small claims cases are heard in the Small Claims division of the District or Municipal Court.
Claim Limit: $7,500.00
Answer Period: Defendant must file an answer within 30 days.
Attorney Representation: Attorneys are permitted in small claims court.
Eviction Cases: Eviction cases can not be filed in small claims court.
Jury Trial: Jury trials are not permitted in Georgia small claims court.
Statutes of Limitations (N.H. Rev. Stat. Ann. § 508:1 et seq.):
– Written Contract: 3 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”RHODE ISLAND”]
Court: Small claims cases are heard in the Small Claims division of the District Court.
Claim Limit: $2,500.
Answer Period: Defendants must answer before or on the hearing date.
Attorney Representation: Rhode Island permits attorneys in small claims court.
Eviction Cases: Eviction cases can not be filed in small claims court.
Jury Trial: Not permitted in small claims court.
Statutes of Limitations (R. I. Gen. Laws § 9-1-12 et seq.):
– Written Contract: 10 years
– Oral Contract: 10 years
– Personal Injury: 3 years
– Real Property: 10 years
– Personal Property: 10 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”VERMONT”]
Court: Small claims cases are heard in the Small Claims division of the Superior Court.
Claim Limit: $5,000.00
Answer Period: Defendant must file an answer within 20 days after service of summons.
Attorney Representation: Vermont permits attorneys in small claims court.
Eviction Cases: Eviction cases can not be filed in small claims court.
Jury Trial: Defendants may request a jury trial at least one day prior to the hearing.
Statutes of Limitations (Vt. Stat. Ann. tit. 12, § 461 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler]Middle Atlantic States
[spoiler title=”NEW JERSEY”]
Court: Small claims cases are heard in the Superior Court, on the Small Claims Section, Special Civil Part.
Claim Limit: $3,000.00
Answer Period: Defendant may file an answer within 35 days of service, but only if a counterclaim is being filed.
Attorney Representation: New Jersey permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Permitted only if the defendant files a demand at least five days before the return of the summons.
Statutes of Limitations (N.J. Stat. Ann. § 2a:14-1 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 6 years
– Personal Property: 6 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”NEW YORK”]
Court: Small claims cases are heard in the Small Claims Part of the Civil Court (in cities) or the Justice Court (in rural areas) or Commercial Small Claims Court (in City Court and District Court).
Claim Limit: $3,000 in Justice Court, $5,000.00 in other courts.
Answer Period: Defendant may file an answer within five days of being served, but only if a counterclaim is being filed.
Attorney Representation: Attorneys can represent clients in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: The defendant may request a jury trial at least one day before the hearing date.
Statutes of Limitations (N.Y. Civ. Prac. Laws & Rules § 201 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here.
[/spoiler] [spoiler title=”PENNSYLVANIA”]
Court: Small claims cases are heard in the District Justice Court or Philadelphia Municipal Court.
Claim Limit: $12,000.00
Answer Period: Defendant may file an answer at least five days before the hearing date (in District Justice Court), at at least ten days before the trial date (in Philadelphia Municipal Court).
Attorney Representation: Attorneys are permitted to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Either party may demand a jury trial in District Justice Court, but not in Philadelphia Municipal Court.
Statutes of Limitations (42 Pa. Cons. Stat. Ann. § 5501 et seq.):
– Written Contract: 4 years
– Oral Contract: 4 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Information & Forms: Click Here
[/spoiler]South Atlantic States
[spoiler title=”DELAWARE”]
Court: Small claims cases are heard in the Justice of the Peace Court.
Claim Limit: $15,000.00
Answer Period: Defendant must file an answer within 15 days of service in all debt or trespass claims to avoid default.
Attorney Representation: Delaware permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases are not allowed in small claims court.
Jury Trial: Jury trials are not permitted in Iowa small claims court.
Statutes of Limitations (Del. Code Ann. tit. 10, § 8101 et seq.):
– Written Contract: 3 years
– Oral Contract: 3 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”DISTRICT OF COLUMBIA”]Court: Small claims cases are heard in the Small Claims and Conciliation Branch of the Superior Court.
Claim Limit: $5,000.00
Attorney Representation: DC permits attorneys to represent clients in small claims court. Corporations must proceed via an attorney.
Eviction Cases: Eviction cases are not heard in DC small claims court.
Jury Trial: Either party may demand one, and the matter will be transferred to a higher court.
Statutes of Limitations (D.C. Code § 12-301 et seq.):
– Written Contract: 3 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”FLORIDA”]
Court: Small claims cases are heard in the Small Claims Procedure or Summary Procedure docket of the County Court.
Claim Limit: $5,000.00
Answer Period: Defendant can file an answer five days before the pretrial conference, but only if a counterclaim is being filed.
Attorney Representation: Florida permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Jury trials are permitted in small claims court.
Statutes of Limitations (Fla. Stat. Ann. § 95.011 et seq.):
– Written Contract: 5 years
– Oral Contract: 4 years
– Personal Injury: 4 years
– Real Property: 4 years
– Personal Property: 4 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”GEORGIA”]
Court: Small claims cases are heard in the Magistrate Court.
Claim Limit: $15,000.00
Answer Period: Defendant can file an answer within 30 days, or appear at the trial.
Attorney Representation: Attorneys are permitted in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Jury trials are not permitted in Georgia small claims court.
Statutes of Limitations (Ga. Code Ann. § 9-3-20 et seq.):
– Written Contract: 6 years
– Oral Contract: 4 years
– Personal Injury: 2 years
– Real Property: 4 years
– Personal Property: 4 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”MARYLAND”]
Court: Small claims cases are heard in the Small Claims division of the District Court.
Claim Limit: $5,000.
Answer Period: In state defendants must file an answer within fifteen days of service. Out of state defendants have sixty days.
Attorney Representation: Maryland permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court, as long as the amount claimed is under $5,000.
Jury Trial: Either party may demand a jury trial. The case will then be transferred to a higher court.
Statutes of Limitations (Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq.):
– Written Contract: 3 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”NORTH CAROLINA”]
Court: Small claims cases are heard in the Small Claims division of the District Court.
Claim Limit: $5,000.00
Answer Period: Defendant can file an answer at any time before the trial.
Attorney Representation: North Carolina permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Jury trials not permitted if the case is assigned to a magistrate judge. Otherwise, it will be treated as a regular civil case, and either party may request a jury trial.
Statutes of Limitations (N.C. Gen. Stat. § 1-46 et seq.):
– Written Contract: 3 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”SOUTH CAROLINA”]
Court: Small claims cases are heard in the Magistrate Court.
Claim Limit: $7,500.00
Answer Period: The defendant may file a written or oral answer any time within 30 days of service.
Attorney Representation: South Carolina permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Either party may request a jury trial at least five days before the trial date.
Statutes of Limitations (S.C. Code Ann. § 15-3-510 et seq.):
– Written Contract: 3 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”VIRGINIA”]
Court: Small claims cases are heard in the District Court, Small Claims Division.
Claim Limit: $5,000.00
Attorney Representation: Not permitted (although if the defendant wants an attorney then he can request that the case be transferred to the regular docket).
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials are not permitted, except on appeal.
Statutes of Limitations (Va. Code Ann. § 8.01-228 et seq.):
– Written Contract: 5 years
– Oral Contract: 3 years
– Personal Injury: 2 years
– Real Property: 5 years
– Personal Property: 5 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”WEST VIRGINIA”]
Court: Small claims cases are heard in the Magistrate Court.
Claim Limit: $5,000.00
Answer Period: Defendant must file a written answer answer or make an appearance within 20 days of service.
Attorney Representation: Attorneys are permitted in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Jury trials are not permitted.
Statutes of Limitations (W. Va. Code § 55-2-1 et seq.):
– Written Contract: 10 years
– Oral Contract: 5 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Information & Forms: Click Here
[/spoiler]East North-Central States
[spoiler title=”ILLINOIS”]
Court: Small claims cases are heard in the Small Claims Court.
Claim Limit: $10,000.00
Attorney Representation: Illinois permits attorneys to represent clients in small claims court (corporations must have an attorney)
Eviction Cases: Eviction cases can be filed in Illinois small claims court.
Jury Trial: Either party may demand a jury trial. The plaintiff must make the demand when filing suit; the defendant must make the demand within five days of being served, or at mediation/pretrial conference.
Statutes of Limitations (735 Ill. Comp. Stat. 5/13-201 et seq.):
– Written Contract: 10 years
– Oral Contract: 5 years
– Personal Injury: 2 years
– Real Property: 5 years
– Personal Property: 5 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”INDIANA”]
Court: Small claims cases are heard in the Small Claims Docket of the Circuit Court, Superior Court, and the County Court. There is also a separate small claims court for Marion County.
Claim Limit: $6,000.00
Attorney Representation: Attorneys can represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court only if the total rent due does not exceed $6,000.
Jury Trial: The defendant may request a jury trial within ten days following service of complaint upon submitting an affidavit stating questions of fact that require a jury trial. Once requested, the case is transferred from small claims to formal court. In Marion County, the defendant must file a jury duty request at least three calendar days before the trial date that appears on the complaint. Once filed, the case is transferred from small claims to superior court.
Statutes of Limitations (Ind. Code Ann. § 34-11-2-1 et seq.):
– Written Contract: 10 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 6 years
– Personal Property: 2 years
Information & Forms: Click Here and type “small claims” in the search box.
[/spoiler] [spoiler title=”MICHIGAN”]
Court: Small claims cases are heard in the Small Claims division of the District Court.
Claim Limit: $5,000.00
Attorney Representation: Attorneys may not represent clients in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted.
Statutes of Limitations (Mich. Comp. Laws § 600.5801 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”OHIO”]
Court: Small claims cases are heard in the Small Claims Division of the Municipal and County Courts.
Claim Limit: 3,000.00
Answer Period: The defendant may file a written answer at least seven days before the trial date, but it is only necessary if a counterclaim is being filed.
Attorney Representation: Ohio permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can not be filed in small claims court.
Jury Trial: Not permitted.
Statutes of Limitations (Ohio Rev. Code Ann. § 2305.03 et seq.):
– Written Contract: 8 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 4 years
– Personal Property: 4 years
Information & Forms: Click Here , then click on “Resources” and choose Citizen’s Guide, and then Small Claims Court.
[/spoiler] [spoiler title=”WISCONSIN”]
Court: Small claims cases are heard in the Small Claims Division of the Circuit Court.
Claim Limit: $10,000.00, but there’s no limit on eviction cases.
Answer Period: The defendant may file a written answer any time before the hearing.
Attorney Representation: Wisconsin permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Either party may request a jury trial.
Statutes of Limitations (Wis. Stat. Ann. § 893.01 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 3 years
– Real Property: 6 years
– Personal Property: 6 years
Information & Forms: Click Here
[/spoiler]East South-Central States
[spoiler title=”ALABAMA”]
Court: Small claims cases are heard in the District Court, on the Small Claims Docket.
Claim Limit: $3,000.00
Answer Period: Defendant must file an answer within 14 days of service.
Attorney Representation: Alabama permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Not permitted
Statutes of Limitations:
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 6 years
– Personal Property: 6 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”KENTUCKY”]
Court: Small claims cases are heard in the Small Claims Division of the District Court.
Claim Limit: $2,500.00
Answer Period: Defendant may file an answer within five days of the hearing, but only if a counterclaim is being filed.
Attorney Representation: Attorneys can represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: The defendant may request a jury trial at least seven days before the hearing date.
Statutes of Limitations (Ky. Rev. Stat. Ann. § 413.080 et seq.):
– Written Contract: 15 years
– Oral Contract: 5 years
– Personal Injury: 1 year
– Real Property: 5 years
– Personal Property: 2 years
Information & Forms: Click Here and type “small claims” in the search box.
[/spoiler] [spoiler title=”MISSISSIPPI”]
Court: Small claims cases are heard in the Justice Court.
Claim Limit: $3,500.00
Attorney Representation: Attorneys are permitted to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Either party may demand a jury trial. The plaintiff must make the demand when filing suit, and the defendant must make the demand within five days of being served.
Statutes of Limitations (Miss. Code. Ann. § 15-1-1 et seq.):
– Written Contract: 6 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”TENNESSEE”]
Court: Small claims cases are heard in the Court of General Sessions.
Claim Limit: $25,000.00 (but there is no limit on eviction suits or suits to recover personal property).
Answer Period: The defendant may file a written answer at least seven days before the trial date, but it is only necessary if a counterclaim is being filed.
Attorney Representation: Tennessee permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in small claims court.
Jury Trial: Not permitted.
Statutes of Limitations (Tenn. Code Ann. § 28-3-101 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 1 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here.
[/spoiler]West North-Central States
[spoiler title=”IOWA”]
SUMMARY
Court: Small claims cases are heard in the Small Claims Docket of the District Court.
Claim Limit: $5,000.00
Attorney Representation: Iowa permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases can be filed in Iowa small claims court.
Jury Trial: Jury trials are not permitted in Iowa small claims court.
Statutes of Limitations (Iowa Code Ann. § 614.1 et seq.):
– Written Contract: 10 years
– Oral Contract: 5 years
– Personal Injury: 2 years
– Real Property: 5 years
– Personal Property: 5 years
Small Claims Forms
Complaint
Answer
Counterclaim
Affidavit of Default
Notice of Appeal
Rules and Procedures
[/spoiler] [spoiler title=”KANSAS”]
Summary
Court: Small claims cases are heard in the Small Claims Docket of the District Court.
Claim Limit: $4,000.00
Attorney Representation: Attorneys can not represent clients in small claims court.
Eviction Cases: Eviction cases can not be filed in small claims court.
Jury Trial: Jury trials are not permitted in Kansas small claims court.
Statutes of Limitations (Kan. Stat. Ann. § 60-501 et seq.):
– Written Contract: 5 years
– Oral Contract: 3 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Small Claims Forms
Complaint
Counterclaim
Summons
Rules & Procedures
[/spoiler] [spoiler title=”MINNESOTA”]
Summary
Court: Small claims cases are heard in the Conciliation Court of the District Court.
Claim Limit: Generally $10,00.00.
Answer Period: Defendant can file an answer within five days of the trial date, but need only do so if a counterclaim is being filed.
Attorney Representation: Minnesota permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted.
Statutes of Limitations (Minn. Stat. Ann. § 541.01 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 6 years
– Personal Property: 6 years
Small Claims Forms
Summons & Complaint
Answer
Counterclaim
Affidavit of Service
Removal:Appeal to District Court
Rules & Procedures
[/spoiler] [spoiler title=”MISSOURI”]
Court: Small claims cases are heard in the Small Claims Division of the Circuit Court.
Claim Limit: $5,000.00
Answer Period: The defendant may file a written answer any time before the hearing, but only if a counterclaim is being filed. Otherwise, an answer is not required.
Attorney Representation: Missouri permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted.
Statutes of Limitations (Mo. Rev. Stat. § 516.097 et seq.):
– Written Contract: 5 years
– Oral Contract: 5 years
– Personal Injury: 5 years
– Real Property: 5 years
– Personal Property: 5 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”NEBRASKA”]
Court: Small claims cases are heard in the County Court, Small Claims Division.
Claim Limit: $3,500.00
Answer Period: An answer is not required (just show up for the trial). However, if a Defendant is filing a Counterclaim the Defendant should file a written answer at least two days before the trial.
Attorney Representation: Not permitted (although the defendant can request that the case be transferred to the regular docket of the county court at least two days before the trial).
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials are not permitted, but the defendant can request that the case be transferred to regular court in order to receive a jury trial.
Statutes of Limitations (Neb. Rev. Stat. § 25-201 et seq.):
– Written Contract: 5 years
– Oral Contract: 4 years
– Personal Injury: 4 years
– Real Property: 4 years
– Personal Property: 4 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”NORTH DAKOTA”]
Court: Small claims cases are heard in the small claims docket of the District Court.
Claim Limit: $10,000.00
Answer Period: Defendant may file a written answer answer within 20 days of service. Counterclaims must be filed and served at least 48 hours before the trial.
Attorney Representation: Yes.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials are not permitted.
Statutes of Limitations (N.D. Cent. Code § 28-01-01 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 6 years
– Real Property: 6 years
– Personal Property: 6 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”SOUTH DAKOTA”]
Court: Small claims cases are heard in the small claims department of the District Court.
Claim Limit: $12,000.00
Answer Period: Defendant must file an answer within 20 days.
Attorney Representation: South Dakota permits attorneys to represent clients in small claims court.
Eviction Cases: Eviction cases are allowed in small claims court.
Jury Trial: Jury trials are allowed in small claims court at either party’s request.
Statutes of Limitations (S.D. Codified Laws Ann. § 15-2-1 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 3 years
– Real Property: 6 years
– Personal Property: 6 years
Information & Forms: Click Here
[/spoiler]West-South Central States
[spoiler title=”ARKANSAS”]
Court: Small claims cases are filed in the Small Claims Division of the District Court.
Jurisdictional Limit: $5,000.00
Answer Period: A defendant residing in the state may file an answer to the complaint within 20 days. Out-of-state defendants have 30 days.
Attorney Representation: Attorney representation is not allowed in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted in small claims court.
Statutes of Limitations (Ark. Code Ann. § 16-56-101 et seq.)
– Written Contract: 5 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Forms & Information: Click Here
[/spoiler] [spoiler title=”LOUISIANA”]
Court: For those in rural areas, small claims cases are heard in the Justice of the Peace court. City dwellers file in the Small Claims Division of the City Court.
Jurisdictional Limit: $3,000 in City Court, and $5,000 in the Justice of the Peace courts.
Answer Period: Defendant must file an answer to the complaint within ten days.
Attorney Representation: Louisiana allows attorney representation in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted in small claims court.
Statutes of Limitations (La. civil code § 3492 et seq.)
– Written Contract: 10 years
– Oral Contract: 10 years
– Personal Injury: 1 years
– Real Property: 1 years
– Personal Property: 1 years
Forms & Information: Click Here
[/spoiler] [spoiler title=”OKLAHOMA”]
Court: Cases are heard in the Small Claims Procedure of the District Court.
Jurisdictional Limit: $6,000.00
Answer Period: Defendant may file an answer up to 72 hours before the hearing date, but only if a counterclaim is being filed. Otherwise, just show up for the hearing.
Attorney Representation: Not permitted in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted in small claims court unless the claim or counterclaim is more than $1,500, in which case either party may demand a jury trial at least two business days before the hearing.
Statutes of Limitations (Okla. Stat. Ann. tit. 12, § 91 et seq.)
– Written Contract: 5 years
– Oral Contract: 3 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Forms & Information: Click Here
[/spoiler] [spoiler title=”TEXAS”]
Court: Small claims cases are filed in the Small Claims division of the Justice Court.
Jurisdictional Limit: $10,000.00
Answer Period: Defendant may file an answer on or before 10:00 am on the Monday after ten days from service of process.
Attorney Representation: Texas allows attorney representation in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Either party may demand a jury trial at least one day before the hearing.
Statutes of Limitations (Tex. Civ. Prac. & Rem. Code § 16.001 et seq.)
– Written Contract: 4 years
– Oral Contract: 4 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Forms & Information: Click Here
[/spoiler]Mountain States
[spoiler title=”ARIZONA”]
Court: Arizona residents file small claims cases are filed in their local Justice of the Peace Court.
Claim Limit: $2,500.00
Answer Period: Defendant must file an answer to the complaint within 20 days.
Attorney Representation: Only permitted if both parties agree in writing.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted.
Statutes of Limitations (Ariz. Rev. Stat. Ann. § 12-541 et seq.):
– Written Contract: 6 years
– Oral Contract: 3 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”COLORADO”]
Court: Colorado residents file small claims cases in the Small Claims Division of the County Court.
Claim Limit: $7,500.00
Answer Period: Defendant can file an answer any time on or before the trial date.
Attorney Representation: Attorneys can appear if they are a party to the action or if they are a full time employee or corporate officer of a party. If one party is permitted to have an attorney, the other side can be represented by one as well.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted.
Statutes of Limitations (Colo. Rev. Stat. § 13-80-102 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”IDAHO”]
Court: Idaho residents file small claims cases are filed in the Small Claims Department of the Magistrate Division.
Claim Limit: $5,000.00
Answer Period: Defendant must file an answer to the complaint within 20 days.
Attorney Representation: Not permitted.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted.
Statutes of Limitations (Idaho Code § 5-201 et seq.):
– Written Contract: 5 years
– Oral Contract: 4 years
– Personal Injury: 2 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”MONTANA”]
Court: Montana residents file small claims cases are heard in the Small Claims Division of the District Court.
Claim Limit: $7,000.00
Answer Period: An answer is not required (just show up for the trial). However, if a Defendant is filing a Counterclaim ($2,500 max) the Defendant should file a written answer within 72 hours of the trial.
Attorney Representation: Yes, by mutual consent.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials are not permitted, but the defendant can request that the case be transferred to regular court in order to receive a jury trial.
Statutes of Limitations (Mont. Code Ann. § 27-2-2021 et seq.):
– Written Contract: 8 years
– Oral Contract: 5 years
– Personal Injury: 3 years
– Real Property: 2 years
– Personal Property: 2 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”NEVADA”]
Court: Nevada residents file small claims cases are heard in the Justice Court.
Claim Limit: $7,500.00
Answer Period: Defendant must answer within 20 days.
Attorney Representation: Yes.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials are not permitted.
Statutes of Limitations (Nev. Rev. Stat. Ann. § 11.010 et seq.):
– Written Contract: 6 years
– Oral Contract: 4 years
– Personal Injury: 2 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/su_spoiler] [spoiler title=”NEW MEXICO”]
Court: Residents of Bernalillo C0unty file in the Metropolitan Court. All other New Mexico residents file small claims cases in the Magistrate Court.
Claim Limit: $10,000.00
Answer Period: Defendant may file an answer on or before the trial date.
Attorney Representation: You can be represented by an attorney in a New Mexico small claims court.
Eviction Cases: Eviction cases are allowed in small claims court.
Jury Trial: Jury trials are allowed in small claims court at either party’s request.
Statutes of Limitations (N.M. Stat. Ann. § 37-1-1 et seq.):
– Written Contract: 6 years
– Oral Contract: 4 years
– Personal Injury: 3 years
– Real Property: 4 years
– Personal Property: 4 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”UTAH”]
Court: In Utah, small claims cases are heard in the Small Claims Department of the District Court.
Claim Limit: $10,000.00
Answer Period: An answer is not required (just show up for the trial). Defendants who are filing a counterclaim should answer at least 15 days before trial.
Attorney Representation: Not permitted.
Eviction Cases: Eviction cases are not allowed in small claims court.
Jury Trial: Not permitted in small claims court.
Statutes of Limitations (Utah Code Ann. § 78-12-22 et seq.):
– Written Contract: 6 years
– Oral Contract: 4 years
– Personal Injury: 4 years
– Real Property: 3 years
– Personal Property: 3 years
Information & Forms: Click Here
[/spoiler] [spoiler title=”WYOMING”]
Court: Small claims cases are heard in the Small Claims Case division of the Circuit Court.
Claim Limit: $6,000.00
Answer Period: An answer is not required (just show up for the trial).
Attorney Representation: You can be represented by an attorney in a Wyoming small claims court. If one party appears at the trial with an attorney, the other party is entitled to a continuance in order to obtain one.
Eviction Cases: Eviction cases are not allowed in small claims court.
Jury Trial: Either party may request a jury trial in small claims court.
Statutes of Limitations (Wyo. Stat. § 1-3-102 et seq.):
– Written Contract: 10 years
– Oral Contract: 8 years
– Personal Injury: 4 years
– Real Property: 4 years
– Personal Property: 4 years
Information & Forms: Click Here
[/spoiler]Pacific States
[spoiler title=”ALASKA”]Court: Alaska residents file small claims cases are filed in their local District Court or Magistrate Court, where they are assigned to the Small Claims Procedure.
Jurisdictional Limit: $10,000.00
Answer Period: Defendant must file an answer to the complaint within 20 days.
Attorney Representation: Alaska allows attorney representation in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted in small claims court.
Statutes of Limitations (Alaska Stat. § 09.10.010 et seq.)
– Written Contract: 3 years
– Oral Contract: 3 years
– Personal Injury: 2 years
– Real Property: 6 years
– Personal Property: 2 years
Forms & Information: Click Here
[/spoiler] [spoiler title=”CALIFORNIA”]
Court: Californians file small claims cases in the Small Claims Division of the Superior Court.
Jurisdictional Limit: $10,000, but an individual plaintiff can not file any claim that exceeds $2,500 more than twice in the same year. Businesses are limited to $5,000 per year.
Answer Period: Defendant may file a written response at any time before the trial date, or otherwise just appear at the trial.
Attorney Representation: California does not permit attorneys in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials not permitted in small claims court.
Statutes of Limitations (Cal. Civ. Proc. Code § 312 et seq.)
– Written Contract: 4 years
– Oral Contract: 2 years
– Personal Injury: 2 years
– Real Property: 3 years
– Personal Property: 3 years
Forms & Information: Click Here
[/spoiler] [spoiler title=”HAWAII”]Court: Small claims cases are filed in the Small Claims Division of the District Court.
Jurisdictional Limit: $5,000, unless the case involves a landlord-tenant security deposit, in which case there is no limit.
Answer Period: Defendant must file an answer to the complaint within 20 days.
Attorney Representation: Attorney representation is permitted excepted in landlord-tenant security deposit cases.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: A defendant may request a jury trial if he or she has a counterclaim for more than $5,000, but it’s up to the judge to approve it.
Statutes of Limitations (Haw. Rev. Stat. § 657-1 et seq.)
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 2 years
– Personal Property: 2 years
Forms & Information: Click Here
[/spoiler] [spoiler title=”OREGON”]
Court: Small claims cases are filed in the Small Claims Department of the Circuit or Justice Court.
Jurisdictional Limit: $7,500.
Answer Period: Defendant must file an answer to the complaint within 14 days.
Attorney Representation: Only if the judge consents.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: A defendant may request a jury trial if the claim is for more than $750.
Statutes of Limitations (Or. Rev. Stat. § 12.010 et seq.)
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 2 years
– Real Property: 6 years
– Personal Property: 6 years
Forms & Information: Click Here
[/spoiler] [spoiler title=”WASHINGTON”]
Court: Small claims cases are filed in the Small Claims Department of the District Court.
Jurisdictional Limit: $5,000.
Answer Period: Defendant may file an answer to the complaint, or show up at the hearing.
Attorney Representation: Attorney representation is not permitted unless the judge consents.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: Jury trials are not permitted in small claims court.
Statutes of Limitations (Wash. Rev. Code Ann. § 4.16.005 et seq.)
– Written Contract: 6 years
– Oral Contract: 3 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
Forms & Information: Click Here
[/spoiler]