Small Claims Limit by State
Enter your amount + state → which court takes it, what it costs to file, and the two legal tricks when the claim is over the cap.
Limits are the statutory maximum you can sue for in small claims / limited civil. You can always claim LESS than the cap, never more. Filing fees measured 2025–26 from county fee schedules.
How the math works (and the 2026 limit table)
- Every cap is cross-checked against official court and statute sources (verified September 2026). Most common cap: $10,000. Lowest: Kentucky $2,500. Highest: Delaware & Tennessee $25,000. Eleven states raised caps 2023–2026, Idaho (Jul 2026, $5k→$15k), Maine (Jan 2026, $6k→$10k), Nebraska (Jul 2025), Arizona (Sep 2025), West Virginia (Jul 2025), Kansas (2024), Michigan (2024), Utah (Jan 2025, rising to $25,000 in 2030); Georgia rises to $25,000 and Wisconsin to $15,000 on 1 Jan 2027.
- Business caps: CA/MI/AZ/FL cap LLC/corp filers at ~half the individual cap; TX/IL/NY are the same for all filers. That's why "who's filing" changes the answer in 10+ states.
- Filing fee bands: < $1,000 claim ≈ $30–75; $1k–5k ≈ $50–150; $5k–10k+ ≈ $75–225 (CA tiered by amount, TX JP ≈ $54–174 by county, NY ≈ $75 for most). Service (sheriff/process server) +$10–75. Waiver: fee waivers exist at/below ~125% FPL in most states, ask the clerk.
- The two over-cap tricks: (1) waive the excess, sue for exactly the cap and the judgment is final; (2) file in limited-civil/civil with an attorney (CA limited civil = $35k, NY civil $25k+). You can't split one claim into two cases to dodge the cap (res judicata/claim-splitting bar), judges dismiss the second.
- Timeline: filing → hearing 30–90 days (busy counties 3–6 months), post-hearing judgment 1–8 wks, collections (wage garnish/bank levy) 1–3 months. Small-claims judgments collect ~35–55% face value in practice, win is not paid.
Frequently asked
What is the small claims limit in my state?
It ranges from $2,500 (Kentucky, Rhode Island) to $25,000 (Delaware JP). Most states sit at $5,000–$12,500. Pick your state above for the 2026 cap and filing-fee band.
What if my damages are more than the limit?
Sue for exactly the cap and waive the rest (fastest, cheapest, binding), or hire a lawyer for limited civil court. Don't file two cases for one accident, claim-splitting gets dismissed.
Can an LLC file small claims?
In ~10 states businesses get a lower cap (California LLCs: $6,250, not $12,500). Sole proprietors file as individuals in most states. Check the "who's filing" line above.