Can I have a lawyer in small claims court?

Some states don't allow attorney representation at all in small claims; others allow it, but it's uncommon given the amounts involved and the court's self-help design.

What's the maximum I can sue for?

Set by your state, commonly in the low thousands of dollars — check your specific state and county limit before filing.

What if the defendant doesn't show up?

You can typically win by default judgment if they were properly served and fail to appear, though you'll usually still need to briefly present your evidence.

How do I actually collect money after winning?

A judgment isn't automatic payment. If the defendant doesn't pay voluntarily, you may need to pursue wage garnishment, a bank account levy, or other collection procedures, which vary by state.

Can I appeal a small claims decision?

Appeal rights are often limited or unavailable in small claims specifically, though this varies by state — some allow a limited appeal, others treat the small claims decision as essentially final.

What if my claim is worth more than the small claims limit?

You can generally still file in small claims and waive the amount above the cap, or file in regular civil court instead if you want to pursue the full amount.

Small Claims

Legal information last reviewed: July 3, 2026

Small claims court is a simplified, lower-cost court designed for disputes under a set dollar limit, built so people can represent themselves without a lawyer. The tradeoff is a lower recovery cap and, in many states, limited or no right to appeal.

The dollar limit

Every state sets its own cap on how much you can sue for in small claims, commonly in the low thousands, sometimes more. If your claim exceeds the cap, you can often still sue in small claims and waive the excess amount.

Lawyers are often restricted or unnecessary

A number of states don't allow attorneys to represent parties in small claims court at all, and even where allowed, the process is designed to be navigable without one.

Filing a claim

This typically involves filling out a simple form naming the defendant, describing the dispute, and stating the amount owed, paying a modest filing fee, and formally serving the defendant with notice of the hearing.

What you need to prove

Bring documentation — contracts, invoices, receipts, photos, messages, repair estimates — since small claims judges decide quickly based on what's in front of them at a single hearing, not extended discovery.

Collecting after you win

Winning a judgment doesn't automatically produce payment. If the defendant doesn't pay voluntarily, you may need separate collection steps like wage garnishment or a bank levy, which involve their own paperwork.

When to hire a lawyer

Small claims is specifically designed to be done without a lawyer — bring your documentation, know your state's dollar limit and filing procedure, and you can typically handle it yourself. Move up to regular civil court, and likely a lawyer, once the amount at stake exceeds the small claims cap or the facts get legally complicated.

Frequently asked questions

Can I have a lawyer in small claims court?: Some states don't allow attorney representation at all in small claims; others allow it, but it's uncommon given the amounts involved and the court's self-help design.
What's the maximum I can sue for?: Set by your state, commonly in the low thousands of dollars — check your specific state and county limit before filing.
What if the defendant doesn't show up?: You can typically win by default judgment if they were properly served and fail to appear, though you'll usually still need to briefly present your evidence.
How do I actually collect money after winning?: A judgment isn't automatic payment. If the defendant doesn't pay voluntarily, you may need to pursue wage garnishment, a bank account levy, or other collection procedures, which vary by state.
Can I appeal a small claims decision?: Appeal rights are often limited or unavailable in small claims specifically, though this varies by state — some allow a limited appeal, others treat the small claims decision as essentially final.
What if my claim is worth more than the small claims limit?: You can generally still file in small claims and waive the amount above the cap, or file in regular civil court instead if you want to pursue the full amount.

Small Claims laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

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