Small Claims Court Limits: California, Texas, and Vermont Compared

Savage Lex Team · 2026-07-23

Small Claims Court Limits: California, Texas, and Vermont Compared

Someone owes you money. A landlord who kept your security deposit. A contractor who took payment and vanished. A neighbor whose dog destroyed your fence. You want it back, and you don't want to pay a lawyer $300 an hour to get it.

Small claims court exists for exactly this. But the rules are completely different depending on where you live. How much you can sue for, how you serve papers, whether you can bring a lawyer at all. It all changes state to state.

We're covering three states right now: California, Texas, and Vermont. Two big states and one most people overlook. If yours isn't on this list, the general process is similar, but the numbers and deadlines will differ. Check your state's court website.

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California

Dollar limit: $12,500 for individuals. $6,250 if you're a business or public entity.

California has one of the higher limits in the country. That's good if your claim is substantial. But there's a catch: you can only file two cases over $2,500 per calendar year. If you've got multiple disputes, you'll need to prioritize.

Filing fees:

$30 if you're suing for $1,500 or less
$50 if you're suing for $1,501 to $5,000
$75 if you're suing for $5,001 to $12,500
$100 if you've filed more than 12 small claims cases in the past 12 months

Can't afford the fee? Ask the court for a fee waiver. If your income is low enough, they'll waive it.

No lawyers allowed. California is one of the states that bans attorneys from the courtroom. You can ask a lawyer for advice beforehand, but when you stand in front of the judge, you're on your own. The idea is to level the playing field. It also means you need to be ready.

How to file:

Fill out form SC-100 (Plaintiff's Claim and Order to Go to Small Claims Court)
File it with the court clerk and pay the filing fee
Serve the defendant at least 15 days before the trial if they're in the same county, or 20 days if they're outside the county

Statute of limitations (how long you have to file):

Written contract: 4 years
Verbal agreement: 2 years
Personal injury: 2 years
Property damage: 3 years

Serving the defendant: You have options. Sheriff, process server, certified mail through the clerk, or substituted service (leave papers with someone at their home or work and mail a copy). Whoever serves must sign a Proof of Service form.

After you win: The court doesn't collect for you. You have to enforce the judgment yourself. Wage garnishment, bank levies, or other collection methods. This surprises a lot of people.

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Texas

Dollar limit: $20,000.

Texas has one of the highest small claims limits in the country. That $20,000 cap includes attorney fees if you're claiming them, but excludes statutory interest and court costs.

Filing fees: These vary by county, but expect around $50 to $100. Bexar County charges $92. Tarrant County charges $54. Call your local justice court to confirm before you show up.

Lawyers are allowed. Unlike California, Texas doesn't ban attorneys from small claims court. The other side might have one, so come prepared.

Where to file: You file in the county where the defendant lives, where the incident happened, or where the services were performed. Texas has multiple justice courts per county. Make sure you're in the right precinct.

How to file:

Get the Small Claims Petition form from your justice court or the Texas Justice Court Training Center website
Fill it out with the defendant's name, address, the amount you're claiming, and why they owe you
File it with the clerk and pay the filing fee
The court will issue a citation for service

Serving the defendant: You cannot serve papers yourself. Hire a private process server, or have the constable, sheriff, or court clerk do it. Fees vary. Constable service in Tarrant County runs about $90 per person.

After you win: Same as California. Collecting is on you. Texas does allow you to request an execution on the judgment, which can lead to wage garnishment or property seizure.

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Vermont

Dollar limit: $10,000 for most cases. $5,000 for consumer credit transactions and medical debt.

Vermont's limit is lower than California and Texas, but it covers the majority of small disputes. The $5,000 cap on credit and medical debt matters though. If you're suing over a credit card or hospital bill, your ceiling is half the usual amount. That could change whether small claims court even makes sense for your situation.

Filing fees:

$65 if your claim is $1,000 or less
$90 if your claim is over $1,000

If you win, the filing fee gets added to your judgment. The defendant pays it back to you.

How to file:

Complete the Small Claims Complaint form (available at vermontjudiciary.org or the clerk's office)
Mail or deliver the Complaint plus one copy to the Civil Division clerk in your county
Include the filing fee and a self-addressed stamped envelope

Serving the defendant (Vermont's two-step process):

First, try mail. Within 7 days of getting your docket number from the court, mail the Summons, Complaint, and an Answer form to the defendant by first class mail. File a Certificate of Service with the court.

If they don't answer in 30 days, have the sheriff or constable serve them personally. There's a fee for this, around $60. You must file the Return of Service within 60 days of when you first mailed the Complaint.

Defendant has 30 days to answer. If they don't, you can file a Motion for Default Judgment. But you must do it within 60 days of when the answer was due.

At the hearing: Vermont small claims hearings are informal. Show up early. Bring all your documents. Contracts, receipts, photos, messages. The judge wants to see proof, not just hear your story.

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Quick Comparison

|---|---|---|---|

| Max claim (individual) | $12,500 | $20,000 | $10,000 |

| Max claim (business) | $6,250 | $20,000 | $10,000 |

| Medical/credit cap | N/A | N/A | $5,000 |

| Filing fee | $30-$100 | $50-$100 | $65-$90 |

| Lawyers in court? | No | Yes | Yes |

| Can you split claims? | No (2 over $2,500/yr) | No | No |

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Before You File

Send a demand letter first. Write a clear letter stating how much the person owes, why, and give them 14 to 30 days to pay. A lot of disputes end right here. Keep a copy of everything.

Gather your evidence. Contracts, receipts, text messages, emails, photos, witness statements. Organize it chronologically. Bring copies to court because the judge won't have your files.

Check the statute of limitations. Every state has a deadline for filing. Miss it and you lose your right to sue, no matter how strong your case is.

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Collecting After You Win

Winning the judgment is step one. Collecting is step two, and the court won't do it for you.

You can ask the court for an earnings withholding order to garnish wages. You can freeze and seize funds from the defendant's bank account. You can place a lien on real property. Or you can sell the judgment to a collection agency. You'll get less money, but it's hands-off.

Each state has different rules on what you can collect and how. Check your state's post-judgment collection procedures.

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The Bottom Line

Small claims court doesn't require a lawyer or legal jargon. You need your evidence, your story, and a clear statement of how much you're owed and why.

But you do need to know your state's rules. The filing fee in California won't match Texas. The service process in Vermont is more involved than you might expect. Vermont's $5,000 cap on medical debt could push you into civil court instead.

Learn the numbers. Learn the deadlines. Show up prepared.

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This is general legal information, not legal advice. Laws and procedures change. For advice about your specific situation, consult a licensed attorney in your state.