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Small Claims Court FAQ
Rules and strategies for bringing your dispute to small claims court.
Can any kind of case be resolved in small claims court?
No. Small claims courts primarily resolve small monetary disputes. In a few states, however, small claims courts may also rule on a limited range of other types of legal disputes, such as evictions or requests for the return of an item of property (restitution). You cannot use small claims court to file a divorce, guardianship, name change or bankruptcy, or to ask for emergency relief (such as an injunction to stop someone from doing an illegal act).
When it comes to disputes involving money, you can usually file in small claims court based on any legal theory that would be allowed in any other court -- for example, breach of contract, personal injury, intentional harm or breach of warranty. A few states do, however, limit or prohibit small claims suits based on libel, slander, false arrest and a few other legal theories.
Finally, suits against the federal government or a federal agency, or even against a federal employee for actions relating to his or her employment cannot be brought in small claims court. Suits against the federal government normally must be filed in a federal District Court or other federal court, such as Tax Court or the Court of Claims. Unfortunately, there are no federal small claims procedures available except in federal Tax Court.
Are there time limits in which a small claims court case must be filed?
Yes. States establish rules called "statutes of limitations" that dictate how long you may wait to initiate a lawsuit after the key event giving rise to the lawsuit occurs or, in some instances, is discovered. Statutes of limitations rules apply to all courts, including small claims.
You'll almost always have at least one year to sue (measured from the event or, sometimes, from its discovery). Often, you'll have much longer. If you're planning to sue a state or local government agency, however, you'll usually need to file a formal claim with that agency within three to six months of the incident. Only after your initial timely complaint is denied are you eligible to file in small claims court.
If some time has passed since the incident giving rise to your lawsuit occurred -- for example, after the breach of a written contract or a personal injury -- you may need to do a little research to determine whether you can still file your claim. Check your state's legal code under the index heading "statute of limitations."
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