Can I sue in small claims court?
Answer five questions and get an instant read on whether your dispute belongs in small claims court, plus what to do next.
Small claims court is the right venue only when three things line up: the dispute is about money, the amount is within the limit, and you are still inside the deadline. This quick check covers all three.
Eligibility check
The three tests explained
1. Is it a money dispute?
Small claims court awards money, not orders to do things. If you want someone to return specific property the court can sometimes order its return or its value, but if you need an injunction, an eviction or a family-law remedy, you are in the wrong court.
2. Is the amount within the limit?
Each jurisdiction sets a ceiling. Ontario and Alberta both raised theirs to $50,000 (Ontario effective October 1, 2025). British Columbia's Civil Resolution Tribunal and Provincial Court handle claims up to $35,000. Most US states sit between $5,000 and $12,500. See the full claim limits table.
3. Are you still in time?
Every claim has a limitation period. In most Canadian provinces it is two years from when you knew about the loss; US states range from one to six years depending on the claim type. Miss it and your case is barred no matter how strong it is. Use the deadline calculator to be sure.
Frequently asked questions
What kinds of cases can go to small claims court?
Money disputes: unpaid loans and invoices, unreturned security deposits, breach of contract, defective goods or workmanship, property damage, and minor personal injury. Small claims court cannot grant divorces, evictions, or large damages above the jurisdiction's limit.
Can I sue a business in small claims court?
Yes. You can sue an individual, a sole proprietor, a partnership or a corporation. You must name the correct legal entity and serve it at its registered address, which you can usually find in a government business registry.
What if my claim is more than the limit?
You can either sue in a higher civil court or 'abandon' the excess and claim only up to the small claims limit. Abandoning the excess is common because it keeps the case simple, but you give up the right to recover the difference.
Can I sue someone in another province or state?
Usually you must sue where the defendant lives or where the dispute happened. Suing across borders is possible but adds service and enforcement complications. Check the rules for both jurisdictions first.
Do I have to try to settle before suing?
It is not always mandatory, but courts expect it and a documented settlement attempt, such as a demand letter, strengthens your case and can affect costs awarded against the other side.