The Most Common Lawsuits in Small Claims Court

"What kinds of cases belong in small claims court?"

If that question—or something like it—is what brought you here, you're in the right place. Small claims court can be a quick and easy way to resolve low-dollar disputes, but it's not right for all cases. Each state gets to decide for itself what kinds of cases belong there. When in doubt, check your state law or speak to a local lawyer.

In this article, we'll:

• tell you where to look to find out whether small claims court is an option for your case
• list the kinds of claims that typically aren't allowed, and
• describe the types of lawsuits most commonly filed in small claims court.

Where Can I Look to See If Small Claims Court Is an Option?

These are among the best places to look when you're trying to figure out if your case is a candidate for small claims court:

• your state's online statutes
• an official state or local courts webpage, and
• legal aid websites.

Your State's Online Statutes

Today, every state has an online version of its statutory compilation. The starting point is usually the state legislature's webpage. From there, look for a link to the state's statutes. Browse through the index. Chances are that what you're after is included among the statutes covering the state's courts. In particular, you're looking for that statutes that refer to small claims court jurisdiction, meaning their authority to hear specific kinds of cases.

Here are some examples.

• Tex. Govt. Code § 27.031 (2025) says the state's "justice court" (the name for its small claims court) has authority to decide cases where the amount in controversy is up to $20,000.
• Ohio's small claims court is authorized to hear cases involving the recovery of money or taxes up to a maximum of $6,000. (Ohio Rev. Code § 1925.02 (2025).)
• Under 42 Pa. Cons. Stat. § 1515 (2025), Pennsylvania's small claims court—called the magisterial district court—can hear certain landlord-tenant disputes and civil claims involving as much as $12,000.

State and Local Courts Webpages

Check your state and local courts online resources for help with small claims matters. Some are more useful than others. Here are a few examples.

• Hawaii. The Hawaii judiciary offers this basic informational page and a FAQ page. Also, check the Hawaii Legal Navigator small claims page, which has links to self-help centers, small claims forms, and more.
• Kentucky. In Kentucky, you can access a variety of small claims forms online (under "Filter by Topic" click "Civil," then "Small Claims"), and there's an interactive online site that will help you complete some of them.
• Wisconsin. This small claims court guide is published by the Wisconsin courts. You can access small claims forms online, and use an interactive assistant to help fill them out.

Legal Aid Websites

State and local legal aid sites sometimes provide self-help information for small claims court litigants. Your state court website probably links to one or more legal aid organizations, or you can do an online search for "[state name] legal aid websites."

These are examples.

• North Carolina. Legal Aid of North Carolina publishes a comprehensive guide to small claims court.
• Oklahoma. Legal Aid Services of Oklahoma provides a page with small claims court resources, including the kinds of cases that are (and aren't) allowed, how to file, and more.
• Georgia. Georgia's Legal Aid website explains the state's magistrate (small claims) court, how to file there, and what to expect during your case.

Claims Usually Not Allowed in Small Claims Court

State-specific resources will be your best guide to the kinds of claims you can't file in small claims court.

As you review this list of cases that usually aren't allowed, keep in mind that small claims courts are designed for simple, low-dollar disputes where significant pretrial investigation and discovery often isn't critical. Cases that have to be filed in regular court tend to be more factually and legally complicated, and are more likely to require close judicial oversight and guidance.

• Divorce and family law. With rare and very limited exceptions, cases involving divorce, child custody, and division of marital property can't be brought in small claims court. Your state might have a special court (or a special division of the regular court) to resolve these oft-difficult disputes.
• Probate and estate administration. Estates and probate cases often call for dividing up interests in real estate and other high-value properties, and sometimes require deciding complex creditor and other claims. You'll need to file in the state's probate (or similar) court.
• Administrative law matters. This category includes cases where a state or local agency (for instance, the zoning board, the county tax assessor, or the state department of revenue) has taken some administrative action with which you disagree. As a rule, you'll need to follow special administrative procedures to sort out your claims. If you end up in court, it won't be in small claims court.
• The federal government, its agencies, and employees. If you have a case against the United States, one of its departments or agencies, or a federal employee who was acting within the scope of their official duties, you'll need to file in federal court after following special rules.

Most Common Small Claims Cases

Most state small claims dockets will be dominated by a handful of case types—contract, landlord-tenant, personal injury, and property damage cases among them. Think about filing in your state's small claims court if yours is one of these case types, and you're within the small claims money judgment dollar limit.

Bad Debts

Bad debts are just a species of breach of contract claims. A typical fact pattern looks like this: You lent money to a friend or family member and they refuse to pay you back, probably arguing that you gave them the money as a gift. To win, you'll need to prove the debt exists (a written agreement or promissory note is best), its amount, when payment was due, and that the person you're suing hasn't paid or has only partially paid it.

Breach of Contract

This catch-all covers lots of legal ground—everything from fights with contractors, to suits for faulty auto or other repairs, to claims that the dry cleaner ruined your favorite suit. When you bring a breach of contract case in small claims court, it's always best to have written proof of your agreement (in lieu of a formal contract, a bid or proposal you accepted can suffice). But small claims courts are used to dealing with oral and implied contracts, too.

Breach of warranty claims also fall into this general category. Say you bought a defective computer that the manufacturer refuses to repair. A breach of warranty claim (check the owner's manual for details) can help to make you whole. Maybe you took your car in for repairs and the mechanic offered a 90-day parts and labor guarantee. That's also a kind of breach of warranty case.

Defamation

Defamation happens when someone makes a false statement of fact about you that harms your reputation or standing in the community. Statements of opinion, parody, and similar non-factual claims don't qualify. In addition, truth is a defense to claims of defamation. While these cases can be messy and damages can be hard to prove, they often end up in small claims court.

Be ready: When you claim that someone said nasty things about you, they're likely to turn around and sue you back, arguing that you started it by saying nasty things about them.

(Learn more about defamation claims and how to prove them.)

Intentional Injuries

When someone intentionally harms you, the law calls it an "intentional tort." Frequent examples include:

• assault—someone threatens you in a way that would cause a reasonable person to fear imminent harmful or offensive contact, and
• battery—someone actually touches you in a way that a reasonable person would find harmful or offensive.

Injuries like these often arise in situations where a minor difference of opinion spirals out of control. Imagine, for instance, that you're attending a baseball game. The group seated next to you are cheering for your opponent. Words get exchanged and suddenly, things get physical. If someone pushes or punches you and causes injuries, you might have viable claims for assault and battery.

You'll probably need a witness or two to prove who started the fight. Your medical records and bills will document your injuries and how much your treatment cost. Be sure to take photos of any visible injuries so you can show them to the judge.

Landlord-Tenant

A few states don't allow landlord-tenant disputes in small claims court, but most do. Common suits include evictions, actions for damages to rental properties, lack of habitability, and claims seeking the return of all or a part of a tenant's security deposit. Especially in large cities, landlord-tenant lawsuits can be so numerous that the courts create special dockets just to handle them, or routine cases are diverted to alternative forms of dispute resolution like arbitration or mediation.

(Learn more about your state's security deposit law and landlord-tenant statutes.)

Neighbor Nuisance Claims

Small claims judges often spend lots of time mediating disputes between neighbors who can't seem to get along. Fights over boundaries, trees, fences, parties, music, pets, children, lights, autos, and noise create frictions that quickly escalate, leading one or both neighbors to small claims court seeking an order to make the offending party stop the offensive behavior.

Unfortunately, most small claims courts aren't allowed to grant injunctive relief—an order telling the other side to stop—and nuisance claim damages tend to be minimal. As often as not, the parties leave court no better off than when they arrived, and being hauled into court only makes things worse.

Personal Injuries

Small claims court can be a good place to take minor personal injury cases—especially slip and falls and motor vehicle accidents—where the injuries aren't serious and the personal injury damages are fairly small. Evidence might include photos of the accident scene and your injuries, your medical records and bills, and a letter from your employer's human resources office documenting your lost wages.

But not all personal injury cases are a good small claims fit. Medical malpractice, defective products, and civil rights cases are prime examples. These lawsuits tend to be factually and legally complex. They require lots of pretrial discovery and court supervision. In addition, in nearly all of these cases, you'll need detailed expert witness testimony to prove liability, causation, and damages. Long story short: If you think you have a malpractice, product liability, or civil rights case, speak with experienced legal counsel and expect that your case (if you file) will be in regular court.

Property Damages

Minor property damage cases—for example, fender benders or cases involving damage to or destruction of personal property—are well suited for small claims resolution. Armed with proof of what you paid to repair or replace the property, photos of the damages, and a convincing narrative that shows fault, the court can quickly assess the amount of your loss and award judgment in your favor.

Other Legal Theories

Our list accounts for the overwhelming majority of small claims cases, but it's not exhaustive. State law might allow other, more specific kinds of cases. If you're not sure whether yours is a small claims case, do some research (see above) or speak to a lawyer.

Next Steps

Small claims court offers many advantages. Cases tend to move more quickly, and the rules and procedures are much simpler than in regular court. In some states, lawyers aren't allowed to appear, so you don't have to worry about swimming with the sharks. With the right preparation and planning, you can make a convincing presentation and walk away with a judgment in your favor.

But small claims isn't a one-size-fits-all solution. Especially when you're dealing with complicated facts, thorny legal issues, or serious problems of proof (that is, you don't know if you've got the evidence you need), a different forum might offer significant advantages.

When in doubt, don't rush into things. As long as the statute of limitations isn't a problem, invest the time and effort to investigate your options. It might be worth buying an hour of attorney time to help plot the best course of action. A bit of advance planning can help to avoid problems down the road, after you've already spent time and money on your case.