State court rules · Small claims acts
How to sue someone, or answer a lawsuit, in state court
Disputes about money between people and businesses, such as an unpaid loan, a security deposit or the cost of a repair, can be taken to state court. For smaller amounts, each state has a small claims process with simpler rules and lower fees; above the limit, the case goes to the regular civil court. Start with the guide that matches what is happening to you, whether you are suing or being sued. For cases in federal court, see Federal court cases.
Key points
- Small claims limits
- $12,500 for a person in California, $20,000 in a Texas justice court, $8,000 in Florida, and $10,000 in New York City.
- Ask first
- California requires you to ask the other side to pay before you sue. Official guides in Texas and Florida also suggest trying to settle first.
- If you're sued
- In a Texas justice court, your written answer is due by the end of the 14th day after you were served. In California, you can go to the court date, settle, or sue back.
- Collecting
- Winning is not the same as getting paid: the winner, not the court, collects the money.
Guides in this area
Short answers, with the law behind them
How do you sue someone?
Ask the other side to pay first; California requires it. Check the deadline to sue, and find the right court, usually in the county where the other side lives or where the dispute happened. If the amount is within the small claims limit, fill out the claim form, file it and pay the fee, have the papers served, and bring your proof to the hearing. See Small claims court. California Courts Self-Help Guide · Tex. R. Civ. P. 502.4 · Miami-Dade Clerk
What is the small claims court limit?
California: $12,500 for a person and $6,250 for a business. Texas: $20,000 in the justice court. Florida: $8,000. New York: $10,000 in New York City, $5,000 in other city courts and $3,000 in town and village courts. Cal. Code Civ. Proc. §§ 116.220, 116.221 · Tex. Gov't Code § 27.031 · Fla. Sm. Cl. R. 7.010 · NYS Department of Labor
Do you need to send a demand letter before suing?
In California, yes: you must ask the defendant to pay, in person, in writing or by phone, before you sue, unless there is a restraining order or it would be dangerous. Florida's Miami-Dade clerk says it is a good idea to send a letter that clearly states your complaint, and the Texas State Law Library recommends trying to resolve the problem with the other party first. Cal. Code Civ. Proc. § 116.320 · Form SC-100 · Miami-Dade Clerk · Texas State Law Library
Can you have a lawyer in small claims court?
Not in California: a lawyer may not represent either party at the small claims trial, though each side can have one on appeal. In a Texas justice court you may appear yourself or with an attorney, and in Florida parties appear personally or by counsel. Cal. Code Civ. Proc. § 116.530 · Form SC-200-INFO · Tex. R. Civ. P. 500.4 · Fla. Sm. Cl. R. 7.090
What should you do if you are sued in small claims court?
Read the papers for the court date and the amount claimed. In Texas, file a written answer by the end of the 14th day after you were served. In California, you can settle, go to the court date and give your side, or sue back with a Defendant's Claim. If you don't go, the judge decides without you. Sued by a debt collector? See A debt collector is after me. Tex. R. Civ. P. 502.5 · California Courts Self-Help Guide
Can you appeal a small claims judgment?
In California, only the side ordered to pay can appeal, within 30 days, and gets a new trial in the superior court. In Texas, the losing side can appeal to the county court within 21 days if the judgment or the amount in dispute exceeds $250, and the case is tried again. In New York, review is limited to whether substantial justice was done. Cal. Code Civ. Proc. § 116.710 · Form SC-200-INFO · Tex. R. Civ. P. 506 · N.Y.C. Civ. Ct. Act § 1807
Where to get help, for free
Other areas of US law
Official sources
- California Courts Self-Help Guide: Small claims in California selfhelp.courts.ca.gov
- California Judicial Council form SC-100-INFO: Information for the Small Claims Plaintiff (PDF) courts.ca.gov
- California Judicial Council form SC-200-INFO: What to Do After the Court Decides Your Small Claims Case (PDF) courts.ca.gov
- California Code of Civil Procedure § 116.221: the $12,500 limit for a natural person leginfo.legislature.ca.gov
- California Code of Civil Procedure § 116.320: the claim form and the demand for payment leginfo.legislature.ca.gov
- California Code of Civil Procedure § 116.530: no attorney may take part in a small claims action leginfo.legislature.ca.gov
- California Code of Civil Procedure § 116.710: who may appeal leginfo.legislature.ca.gov
- Texas State Law Library: Small Claims Cases guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, the defendant's answer guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, appealing to the county court guides.sll.texas.gov
- Texas Government Code, Chapter 27: justice court jurisdiction and small claims tcss.legis.texas.gov
- Miami-Dade Clerk of the Court and Comptroller: Small Claims miamidadeclerk.gov
- New York State Department of Labor: Small Claims Court information dol.ny.gov
- Rodriguez v City of New York Comptroller, 2025 NY Slip Op 51430(U): the substantial justice standard nycourts.gov
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.