What Can You Sue for In Small Claims Court

Small claims court is a type of court that handles a wide array of cases. 

Here are some general tips for when you can sue in small claims court: 

• Your lawsuit is for less than the small claims limit in your state. 

• There isn’t a more specialized court for your type of case in your state (for example, housing court for eviction cases).

• Your case is relatively straightforward, and you have the majority of the evidence you need to prove your case. 

• Your state doesn’t prevent your type of case from being filed in small claims court (for example, some states don’t allow defamation cases in small claims court).

Here are some of the most common types of small claims lawsuits we see:

• Someone hit your car and won’t pay to reimburse you for the costs of fixing your car. 

• You lent someone money and they won't pay you back.

• Someone damaged your property. 

• Your landlord did not return your security deposit.

• A company won't give you a refund.

• Your clients won't pay you for services rendered or issue unjustified chargebacks. 

• You hired a mechanic to repair your car and they did a terrible job.

• You paid a contractor to fix your roof but they never showed up.

• An airline lost or damaged your bags. 

• Your tenant moved out and didn’t pay you the last month of rent. 

• A towing company caused damage to your car and won't pay to fix it.

Review our 50-state guide to suing in small claims court. 

If your case is not a good fit for small claims court, you still have the option of suing in a higher civil court. 

Some cases are not well-suited for small claims court because they need more formal discovery (like gathering documents before trial, sending written questions, or taking depositions). In such cases, a higher civil court (like a Superior, District, or County Court) may be more appropriate. 

1. What Is Discovery?

Discovery is the process where each side in a lawsuit gathers evidence from the other side. This can include:

• Asking for documents and records.

• Asking written questions (called “interrogatories”).

• Taking spoken testimony under oath (depositions).

In small claims court, the discovery rules are very limited and vary by state. While in many states, you can ask the judge for a subpoena (a court order to produce certain documents), the timelines are often short, and the court may not allow much time to reschedule hearings. This can make it tough to gather all the evidence you need.

2. Cases That May Need More Formal Discovery

Certain types of cases often require thorough investigation and detailed evidence before and during trial:

1. Slander or Defamation Cases: You may need to collect statements from different people, documents proving harm, or other detailed evidence.

2. Complex Negligence Cases: You often need expert opinions, medical records, or accident reports to show who was at fault and how much money is owed.

3. Professional Malpractice: Suing a veterinarian, doctor, lawyer, or other professional usually requires expert testimony and detailed evidence of mistakes.

4. Complex Contract Disputes: If a contract is long or has complicated terms, you might need expert witnesses (like engineers or architects) and many documents to show what went wrong.

5. Certain Real Estate Disputes: Cases about boundaries, easements, or titles often need surveys, expert opinions, and in-depth records.

6. Intellectual Property Disputes: Disagreements about trademarks, copyrights, or patents can involve complicated legal rules and many records.

If your case requires a lot of documents, expert testimony, or depositions, small claims court might not give you enough time or the right tools to do all this. Filing in a higher court may be a better choice in that situation.

4. Comparing Small Claims Court

Small claims court can still be a great option for many people because:

• It’s Faster: Small claims courts usually have quick hearing dates and fewer steps.

• It’s Less Expensive: You typically pay lower filing fees and don’t usually need a lawyer to represent you at the small claims hearing, which keeps costs down.

• It’s Simpler: The rules are not as strict. This can be helpful if your case is straightforward and you don’t need a lot of evidence.

• You Can Represent Yourself: If you find that no attorneys want to take your case, small claims court is still an option. While you can also represent yourself in a higher civil court, the rules are more complex than in small claims courts. 

5. Making Your Choice

Ask yourself the following questions when deciding whether to file in small claims court or a higher court:

1. Is the amount of money I am seeking more than the small claims limit? If so, small claims court won’t cover the full amount. Nevertheless, if your case is close to the small claims limit, you may want to consider taking a loss on the difference, as suing in small claims court may be cheaper and faster than a higher court. 

2. Is there a more specialized court for my type of case? For example, if you are looking to evict a tenant, there may be a more specialized court like housing court. 

3. Do I need detailed evidence, multiple documents, or expert witnesses? If yes, a higher court may be better.

4. Does your state prevent your type of case from being filed in small claims court? For example, some states don’t allow you to sue for defamation in small claims court.

Final Thoughts

Small claims court can be a great resource if your case is simple, the amount of money is within the court’s limit, and you don’t need a formal discovery process. However, if your case is more complex—like a slander or negligence case, a complicated contract dispute, or a professional malpractice matter—and you need detailed evidence or expert testimony, it is often better to file in a higher court. 

If you are still unsure, consider talking to a lawyer. A brief consultation can help you decide which court is best for your situation. This article is not legal advice, but it should help you understand your options and ask the right questions if you speak with an attorney.

Note: Laws vary by state and country. Make sure to check your local court rules or consult with a qualified attorney for information specific to your area.