What Kinds of Cases Can I Resolve in Small Claims Court?

Most people aren't comfortable filing a lawsuit in state court—and with good reason. Without a pricey attorney, it's almost impossible to navigate the complicated procedures. And if your case doesn't have a high dollar value, hiring a lawyer can cost significantly more than the case is worth.

Small claims courts solve many of these problems. People with simple, low-dollar-value cases can present their claims to a judge for decision without needing to observe all of the formalities of traditional court, and without paying legal fees.

But small claims court has its limitations, too. Because they're meant to provide a speedy and efficient way to resolve minor disputes, some kinds of cases aren't allowed. In addition, some key procedures you can use in traditional court to learn about the facts and evidence in a case aren't permitted in small claims courts.

We'll walk you through the kinds of cases most states do (and don't) let you bring in small claims court.

Claims You Can File in Small Claims Court

Most disputes involving money can be filed in small claims court. Small claims is a popular way, for example, to collect a bad debt. It's relatively simple to present evidence showing that the debt was owed but not paid. Once a creditor gets a judgment, they can use collection techniques to collect it.

But that isn't the only type of case you can file. For instance, you can also ask the court to resolve a dispute regarding:

• the repayment of a loan
• failure to fix a car or appliance properly
• the return of a security deposit
• clothing damaged during alterations or cleaning
• dog bite and other personal injury matters (although most are resolved between insurance companies), and
• failure to meet the terms of a service contract (for example, properly remodel a kitchen or install a new roof).

Some states allow an even broader range of cases. For instance, your state might permit cases involving:

• evictions
• a request for the return of an item of property (called "restitution" in legal jargon)
• libel, slander, or defamation, or
• false arrest or police brutality.

When it comes to disputes involving money, you can use almost any legal theory that's allowed in other courts, such as breach of contract, personal injury, intentional harm, or breach of warranty. For instance, if you buy an expensive new "all-weather tent" and it leaks the first time you're out in a storm, you might have a valid small claims breach of warranty case.

Learn more about lawsuits commonly filed in small claims court.

Claims You Can't File in Small Claims Court

No matter where you live, you can't use small claims court to file a divorce, guardianship, name change, or bankruptcy, or to ask for relief like an injunction to stop someone from doing an illegal act.

Also, you're not allowed to bring a lawsuit against the federal government, a federal agency, or even against a federal employee for actions relating to his or her employment in small claims court. You'll file suits against the federal government in a federal court, such as the Tax Court (procedures for small claims exist) or the Court of Claims.

In addition to being unavailable for certain cases, small claims court also doesn't allow some important procedures that are available in traditional court. Most notably, you're not allowed to engage in discovery. As the name suggests, discovery is a process where each party to a case gets to find out about—discover—the facts and evidence their opponents will use if the case goes to trial.

You can subpoena testimony, documents, and information from non-parties like witnesses, but that's probably it. If you think you'll need discovery from your opponent to get your case ready for a hearing, chances are you should file in traditional court.

Filing Your Small Claims Case

Finding out that you can use the small claims forum to resolve your dispute is the first step. Next, you'll need to learn the process. Start by reviewing the small claims rules. When you're ready, learn how to gather and present evidence to the judge during your hearing.

If you need help preparing a small claims case from start to finish, consider buying Everybody's Guide to Small Claims Court, by Attorney Cara O'Neill (Nolo). You'll likely find everything you need in one place, including information regarding case preparation, presenting evidence, and what to expect in court.