How Do I Sue Someone for More Than $10,000

If you want to sue someone for more than $10,000, you may be trying to figure out whether you should sue in your state’s small claims court for less than what you are owed, or whether you should sue in a higher court. The purpose of this article is to help you make that decision.

In this article, we will show you the differences between suing in small claims court or your state’s higher court, to help you decide where you should sue.  

First, a brief explanation of what a small claims court limit actually means. Every small claims court has a maximum amount you can sue for. The maximums range from $2,500 to $25,000. Review our guide to small claims limits in all 50-states. 

In general, suing in small claims court is typically:

• cheaper, 

• faster, and 

• less complicated than suing in the next higher court.  

Small claims court is designed for people to represent themselves without help from a lawyer; as a result, the procedures are simpler and less complicated than in higher courts.  

If you are on the fence about whether to sue in small claims court or the higher court, consider the following important points: 

1. In small claims court, judges usually only have the ability to award money damages. In other words, you can’t sue to make someone do something. Judges in higher courts can award non-monetary damages (e.g., ordering a party to do something, taking away property, requiring community service).

2. If you are suing for an amount of money that exceeds the limit of your small claims court, you can still sue in small claims court if you are willing to reduce the amount of your claim so that you meet the small claims court limit.  The amount of extra money, time, and effort that you will need to spend in the higher court may make it worth it to reduce your claim amount so that you can sue in small claims court.

3. If you want to sue in small claims court, but your claim amount exceeds the limit, note that you may not be able to split your claim into multiple smaller claims to get around the limit.

4. The rules and procedures in small claims courts are generally informal and simple and are designed to be straightforward so people can seek justice without needing to hire a lawyer.  In contrast, the rules and procedures in the higher courts can be very complicated and time-consuming.  It could be difficult to represent yourself in a higher court without the help of a lawyer.

5. Even if you are on the fence about where to sue, you should consider sending a demand letter as your first step because you may be able to resolve your dispute outside of court.  Even if you don’t end up suing at all, you can still send a demand letter. 
   

Below are tables that provide a detailed overview of the key differences between small claims courts and higher courts in California, New York, Texas, and Arizona. Even if your state is not shown below, it could be helpful to examine the differences between the courts in these states to get an idea of how small claims courts and higher courts typically differ.  

California

Small Claims Court vs. Higher Court 

Review our complete guide to California small claims court. To sue for more than $10,000 in California you would review the process of how to file a “limited civil case.” 

New York

Small Claims Court vs. Higher Court 

Review our complete guide to small claims court in New York. To sue for more than $10,000 in New York, you would review the process filing a regular civil case in City or District Court. 

Texas

Small Claims Court vs. Higher Court 

Review our complete guide to small claims court in Texas. To sue for more than $10,000 in Texas you would review the process of how to file a regular civil lawsuit in County Court. 

Arizona

Small Claims Court vs. Higher Court 

Review our complete guide to small claims court in Arizona. To sue for more than $10,000 in Arizona you would review the process of how to file a regular civil case in Justice Court. 

Based on the differences between the courts, you may decide that it is not worth suing in the court above small claims because it will likely cost you more time and money. As described above, most small claims courts are less expensive and less complicated, and decisions are reached much more quickly.  Even if you are concerned that suing in small claims court will cost you money because you can’t sue for as much, the expenses and time involved in suing in a higher court may make it worth it.    

To file a regular civil case, it highly varies by type of case you have and court where you need to file. While you generally always have the right to represent yourself and navigate the process on your own, hiring an attorney to assist you may save you time (review our 50-state guide to how to find a lawyer). 

In regular civil cases (as opposed to small claims cases), the procedures are a lot more difficult to navigate and learn on your own. Try to look for lawyers that may be able to assist you on a “limited-scope basis” which means that you only hire them for certain parts of your case. 

• For example, my landlord hasn’t returned my $15,000 security deposit. I want to sue in my local small claims court, but the limit is $12,500.  Can I file 2 lawsuits against them, one for $12,500 and another for $2,500, to get around the small claims limit? 

• Issues of Separate Claims. No, you cannot file two lawsuits against the same person unless you have separate claims. Filing two lawsuits with the same goal of recovering your security deposit would be suing for the same claim. You could only file multiple lawsuits against your landlord if the lawsuits were for separate claims. For example, if one claim was to recover your security deposit, and if another claim was to recover damages because they posted untrue things about you on social media, these claims would be separate and allowable in the same court as seperate lawsuits. You could try filing both lawsuits on the same day to try and have the hearing on the same day. 

• Waiving any additional amounts owed on one claim. In many states, if you are owed more than the small claims limit on one claim and a judge decides your lawsuit, you lose your right to later sue for the remaining amount you are owed because the matter has already been decided. The legal doctrine of “res judicata” prevents you from bringing the same claim against the defendant after a final judgment has been made. The reasoning behind this rule is that suing more than once for the same claim would overburden the courts with duplicative cases.  

• No, certain types of cases can’t be filed in small claims court, even if the amount you want to sue for is within the maximum limit. You would need to sue in a different court to get relief for these cases. Review our more in-depth guide on what you can sue for in small claims court. 

• Also, most small claims courts typically will only award money damages, which means that you can only sue for money, and you can’t sue for the judge to order the defendant to do something (e.g., return a dog, take down a fence). NOTE: In Texas small claims courts, you CAN sue to get your property back. 

The list below shows the types of cases that typically can’t be filed in small claims court, but this list can vary by state, so be sure to check the rules for your specific small claims courts: 

• Family law matters, such as divorce, guardianship, and name change (most states have a specific family law court where these cases get filed) 

• Bankruptcy

• Criminal cases 

• Libel or slander

Discovery is the process where parties in a lawsuit exchange information and evidence to help them prove their case. Discovery includes depositions and obtaining of information and documents. 

• Not likely. Discovery tools are limited (some states have the ability for you to subpoena information or a witness) in small claims court, and you may not be able to obtain as much information as you need from the other side to prove your case. 

• If you need extensive discovery from the other side to prove your case, you are better off filing in a court other than small claims court.  

For example, proving a personal injury case would be very difficult without discovery because you may not have access to important documents that you could need. For these types of cases, it is worth consulting with an attorney before deciding where to sue because they may take your case on a contingency (generally you only pay if you win). However, if you can’t find an attorney willing to represent you, it could be that you don’t have a large enough claim to make it worth it for them, and so you may just want to sue in small claims court if it’s your only option.