Small Claims Court Limits in California, Florida, and Montana

Savage Lex Team · 2026-07-25

A contractor ripped you off. A landlord kept your security deposit. Someone rear-ended your car and won't pay. You want your money back, but a lawyer costs more than the dispute is worth.

Small claims court exists for exactly this. It is fast, cheap, and designed for people without legal training. The catch? Every state sets its own rules, and the dollar limits are all over the map.

Here is the breakdown for California, Florida, and Montana.

California: The $12,500 option

California has one of the highest small claims limits in the country. An individual can sue for up to $12,500. Businesses are capped at $6,250.

There is a catch on the filing side: you can only file two cases per year where the claim exceeds $2,500. For anything under that, file away.

Filing fees

$30 for claims of $1,500 or less
$50 for claims between $1,500 and $5,000
$75 for claims over $5,000
$100 if you have filed more than 12 small claims cases in the past 12 months

The full schedule is in California Code of Civil Procedure Section 116.230.

Rules to know

Lawyers are banned from the courtroom. You can consult one beforehand, but they cannot stand next to you during the hearing.
File in the county where the defendant lives or where the incident happened.
Statutes of limitations: two years for personal injury, three years for property damage, four years for written contracts, and two years for oral contracts.

Florida: The $8,000 option

Florida handles small claims up to $8,000 in the County Court's Small Claims Division.

The big difference from California: lawyers are allowed. If the other side hires one, you might be at a disadvantage unless you also get representation.

Filing fees

Fees are higher here and scale with the amount:

$55 for claims under $100
$80 for claims between $100 and $500
$175 for claims between $500 and $2,500
$300 for claims between $2,500 and $8,000

These fees come from Florida Statute Section 34.041. Low-income filers can apply for a fee waiver using the Application for Determination of Civil Indigent Status.

Rules to know

Service options include certified mail, the Sheriff's Office, or a process server.
Most cases start with a pre-trial conference. If you cannot settle, it goes to trial.
Statutes of limitations: five years for written contracts, four years for oral contracts, and four years for negligence or property damage.

Montana: The $7,000 option

Montana's limit is $7,000, heard in the Justice Court's Small Claims Division.

The standout feature here: attorneys are only allowed if both parties agree to it. That keeps things level for people representing themselves.

Filing fees

Montana uses a flat fee structure:

$20 from the plaintiff when filing the complaint
$10 from the defendant when they appear and contest the claim

Total cost to start a case: $30. This is one of the cheapest filing fees in the country. If you meet income requirements, you can apply for a waiver under Montana Code Annotated Section 25-10-404.

Rules to know

File in the justice court where the defendant lives or where the obligation arose.
Statutes of limitations: eight years for written contracts and five years for oral contracts. That eight-year window is one of the longest in the nation.
Counterclaims must stay within the $7,000 limit.

Comparison

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

| California | $12,500 | $30 - $100 | No | 4 years |

| Florida | $8,000 | $55 - $300 | Yes | 5 years |

Which state works for you?

California gives you the highest dollar limit. Florida is more expensive to file but allows attorneys. Montana is cheap and keeps lawyers out unless both sides want them.

If the dispute involves parties in different states, the rules above determine where you file. Check the statute of limitations for your specific claim type before you do anything else. Missing the deadline means you lose the right to sue.

Tips for your case

Bring documentation. Receipts, contracts, photos, text messages, emails. The judge needs evidence.
Show up on time. Miss the hearing and the other side wins by default.
Be concise. Judges hear dozens of cases per day. Get to the point.
Know the defendant's address. You cannot serve someone you cannot find.
Consider mediation first. Many courts require a pre-trial mediation session. It might save you a trip.

Resources

California Courts Self Help Guide: selfhelp.courts.ca.gov
Florida Courts Small Claims: flcourts.gov
Montana DOJ Small Claims Brochure: dojmt.gov

This is general legal information, not legal advice. Laws change and vary by county. Verify current rules with your local court clerk before filing.