Small Claims Court FAQ

Questions:

• Can any kind of case be resolved in small claims court?
• Are there time limits in which a small claims court case must be filed?
• How much can I sue for in small claims court?
• Where should I file my small claims lawsuit?
• What can I do to resolve my problem without going to small claims court?
• Will I get paid if I win the lawsuit?
• If I'm sued in small claims court but the other party is really at fault, can I countersue?
• What should I do to prepare my small claims case?
• What's the best way to present my small claims case to a judge?
• Can I bring a lawyer to small claims court?
• If I lose my case in small claims court, can I appeal?

Answer:

Can any kind of case be resolved in small claims court?

No. Small claims courts primarily resolve small monetary disputes, and in a few states, evictions and restitution of property. No state allows you to 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). A few states also prohibit small claims suits based on libel, slander, false arrest, and a few other legal theories.

For more information, see Nolo's article What Types of Cases Can Be Resolved in Small Claims Court?