Small Claims Court Limits by State (2026)

In California, the maximum amount you can sue for in small claims court depends on who is filing the case. Individual plaintiffs can sue for up to $12,500, while businesses, partnerships, corporations, and other entities are limited to $6,250. This limit applies to the total amount you're seeking, including any damages, fees, or costs you're requesting.

If your claim exceeds these limits, you have three options: you can waive the amount over the limit and sue in small claims court, file your case in regular civil court where higher amounts are permitted, or split your claim into separate causes of action if they are truly distinct claims. However, you cannot artificially split a single claim to stay within small claims limits, as courts will dismiss such attempts as abuse of process.

Yes, California law allows you to voluntarily waive any amount exceeding the small claims limit to bring your case within jurisdiction. For example, if you have a valid claim for $15,000, you can waive $2,500 and sue for the maximum $12,500 in small claims court. This waiver is permanent and binding - you cannot later sue for the waived amount in another court.

This strategy makes sense when the benefits of small claims court outweigh the loss, such as faster resolution, lower costs, simpler procedures, and the ability to represent yourself without an attorney. However, you should carefully calculate whether the time and expense of regular civil court litigation might be justified if your claim significantly exceeds small claims limits. Consider factors like collection likelihood, defendant's assets, and the strength of your evidence before making this decision.

California law limits how many small claims cases an individual or business can file annually, with restrictions tied to claim amounts. Any person or entity can file an unlimited number of small claims cases for amounts up to $2,500 per case. However, you may only file two cases per year where the amount claimed exceeds $2,500.

This limitation applies to the calendar year, not a rolling 12-month period. The restriction prevents businesses from using small claims court as a routine collection mechanism while still allowing individuals with legitimate larger claims to access the court. Businesses that frequently need to pursue claims over $2,500 may need to use regular civil court or consider alternative dispute resolution methods. Keep records of your filings to ensure compliance, as courts may dismiss cases filed in violation of these limits.

California small claims court has jurisdiction only over money damages and cannot handle certain case types. Excluded matters include:

• Requests for injunctive relief ordering someone to do or stop doing something
• Defamation claims seeking damages over $12,500
• Divorce or family law matters
• Guardianship or conservatorship cases
• Probate matters
• Bankruptcy-related disputes
• Cases against the federal government
• Actions for specific performance of contracts
• Unlawful detainer (eviction) actions

If your case involves both monetary damages and non-monetary relief, you may need to file in regular civil court or separate the issues. Small claims court also cannot hear appeals from other courts or administrative agencies.

Yes, you can sue for pain and suffering damages in California small claims court, but your total claim including all damages must stay within the jurisdictional limit. Pain and suffering falls under non-economic damages, which compensate for physical discomfort, emotional distress, anxiety, loss of enjoyment of life, and other subjective harms resulting from an injury.

In small claims court, you'll need to present evidence supporting your pain and suffering claim, such as medical records documenting your injuries, photographs showing the injury progression, testimony about how the injury affected your daily activities, and documentation of any treatment for emotional distress. Without a jury, the judge will determine a reasonable amount based on the evidence presented. Be prepared to explain specifically how the injury impacted your life, as judges appreciate concrete examples over vague claims of suffering.

Yes, California imposes a lower monetary limit on businesses filing in small claims court. While individuals can sue for up to $12,500, corporations, partnerships, limited liability companies, and other business entities are limited to $6,250 per case. This distinction exists because the legislature intended small claims court primarily for individual citizens with modest claims, not as a collection tool for businesses.

Additionally, businesses face the same annual filing restrictions as individuals: unlimited cases up to $2,500, but only two cases over $2,500 per calendar year. A business suing in small claims court must appear through a regular employee, officer, or director who can bind the business - they cannot send a hired attorney or outside representative. If your business regularly has claims exceeding $6,250, you may need to pursue those in regular civil court.

Generally, attorney fees are not recoverable in California small claims court because attorneys are not permitted to represent parties at the small claims hearing. However, there are limited exceptions. If your contract with the defendant includes an attorney fee provision, and you incurred attorney fees before the small claims case (such as for demand letter preparation or legal consultation), you may be able to include those pre-hearing fees as part of your damages.

Similarly, certain California statutes provide for attorney fee recovery regardless of court type, such as claims under the Song-Beverly Consumer Warranty Act or Civil Code Section 1942.4 for habitability violations. If you're entitled to statutory attorney fees and hired an attorney for pre-filing work, include those amounts in your claim. Be prepared to provide documentation of the fees incurred and the legal basis for recovery. Remember that total claim including any fees must still fall within small claims limits.

If your damages increase after filing but before your hearing, you have several options depending on the new total amount. You can file an amendment to your claim using Form SC-104 to reflect the higher damages, provided the new total remains within small claims jurisdictional limits. If the increased damages push your claim over the small claims limit, you must decide whether to waive the excess and proceed in small claims court, or dismiss your small claims case and refile in regular civil court.

You cannot collect damages that weren't part of your original or amended claim, so it's crucial to update your case before the hearing. If damages increase after judgment, you generally cannot seek additional compensation for that claim. For ongoing damages, such as continuing medical treatment, you may need to wait until treatment concludes or file a civil court case where you can request future damages. Consider postponing your hearing if you expect damages to continue increasing.

California small claims court handles claims for the value of personal property rather than ordering the return of specific items. If someone has your property and won't return it, you sue for the fair market value of the property at the time it was taken or damaged. The court will award money damages rather than ordering the defendant to return the item itself (which would be specific performance or replevin).

To prove your claim, you'll need evidence of ownership such as receipts, photographs, or registration documents, along with proof of the property's value through appraisals, comparable sales, or original purchase receipts minus depreciation. If the property has sentimental value exceeding its market value, the court will generally only award fair market value. For unique items like artwork or antiques, obtain a professional appraisal before filing. Remember that even if you win a judgment, you'll receive money, not the property itself.

California allows recovery of interest on small claims judgments in several ways. Pre-judgment interest may be recoverable if your claim is based on a contract that specifies an interest rate, or on a sum certain (a specific, fixed amount) that was due on a particular date. The rate for contract claims defaults to 10% per year unless a different rate is specified in the contract.

For non-contract claims like personal injury or property damage, pre-judgment interest typically isn't available. Post-judgment interest accrues automatically on all money judgments at the rate of 10% per year from the date of judgment until paid. When calculating your claim, include any applicable pre-judgment interest in your total. For example, if someone owed you $5,000 under a contract and didn't pay for two years, you could include $1,000 in pre-judgment interest. Keep your total within small claims limits.

If your claim exceeds your state's small claims court limit, you have four main options:

• Waive the excess amount: You can voluntarily reduce your claim to the maximum allowed. For example, if you have a $15,000 claim in California (limit $12,500), you can waive $2,500 and sue for $12,500. This waiver is permanent - you cannot later sue for the difference.
• File in regular civil court: You can pursue your full claim amount in district, county, or superior court. This typically requires more formal procedures, may take longer, and you might want to hire an attorney.
• Separate distinct claims: If you have multiple, genuinely separate claims against the same defendant, you may file them as separate cases. However, you cannot artificially split a single claim.
• Consider the trade-offs: Sometimes accepting the small claims limit makes sense. Small claims court is faster, cheaper, and simpler. Calculate whether the extra amount is worth the added time, expense, and complexity of regular civil court.

Many plaintiffs choose to waive excess amounts because the speed and simplicity of small claims court outweighs recovering the full amount, especially when factoring in attorney fees and the time value of money.

No, you cannot artificially split a single claim into multiple smaller cases to circumvent small claims court limits. Courts refer to this as "claim splitting" and will dismiss such cases as an abuse of process.

What constitutes improper claim splitting:

• Dividing a $20,000 breach of contract claim into two $10,000 cases
• Filing separate cases for different invoices that are part of the same ongoing business relationship
• Splitting property damage and personal injury from the same accident into separate cases
• Filing one case for "past damages" and another for "future damages" from the same incident

However, you CAN file separate cases for genuinely distinct claims:

• Separate incidents that occurred at different times
• Different contracts with different terms and breach dates
• Unrelated transactions with the same defendant

If a court determines you improperly split claims, it may dismiss the subsequent cases, consolidate them, or transfer the matter to a higher court.

Tennessee and Delaware are tied for the highest small claims court limits at $25,000. This is significantly higher than the national average of approximately $7,500-$10,000.

States with the highest small claims limits (2026):

• Tennessee: $25,000
• Delaware: $25,000
• Minnesota: $20,000
• Texas: $20,000
• Utah: $20,000
• West Virginia: $20,000
• Georgia: $15,000
• North Dakota: $15,000

By contrast, the lowest limit is Kentucky at just $2,500, followed by Mississippi at $3,500. If you have a choice of where to file (based on where the defendant resides or where the dispute occurred), the jurisdictional limit may be a factor in your decision.

Yes, small claims court limits generally apply to counterclaims as well, though rules vary by state. A counterclaim is when the defendant sues the plaintiff back as part of the same case.

Common counterclaim scenarios in small claims court:

• Counterclaim within limits: If the defendant's counterclaim is within the small claims limit, it can typically proceed in small claims court along with the original claim.
• Counterclaim exceeds limits: In many states, if the counterclaim exceeds small claims limits, the entire case may be transferred to regular civil court. The defendant may also choose to waive the excess or file the counterclaim as a separate civil case.
• Mandatory counterclaims: Some jurisdictions require defendants to raise related counterclaims or lose them forever. Check your state's rules to avoid waiving potential claims.

In California, if a defendant has a claim against the plaintiff exceeding $12,500, they can either waive the excess and file in small claims court, or file a motion to transfer the case to regular civil court. The defendant cannot file a counterclaim exceeding small claims jurisdiction and remain in small claims court.