Idaho · Unpaid personal loan

Unpaid personal loan in Idaho small claims

Q: What is the small-claims limit for a unpaid personal loan case in Idaho?

In Idaho, you can sue for up to $5,000 in the Small Claims Department of the Magistrate Division of the District Court.

Q: What is the deadline to file a unpaid personal loan case in Idaho?

The Written contract in Idaho is 5 years (Idaho Code 5-216). A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Idaho, small-claims cases are heard in the Small Claims Department of the Magistrate Division of the District Court and you can sue for up to $5,000.

Good to know: Idaho small claims are heard in the Small Claims Department of the Magistrate Division of the district court (Idaho Code 1-2301). File in the county where the defendant lives or where the problem happened. No lawyer may speak for a party at trial.

Unpaid personal loan: steps that matter

Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
Send a written demand for repayment with a clear deadline and keep proof you sent it.
Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
File in the court where the defendant lives or where the loan was agreed to.

Filing your Claim (CAO SC 1-2) in Idaho

Fill out the court forms. Complete the Claim form and Summons (free from the clerk or courtselfhelp.idaho.gov), sign and date them, and make a copy for yourself and each defendant. You can also file online at guideandfile.idaho.gov.
File at the correct court and pay the fee. File in the county where the defendant lives or the problem happened and pay the $69 filing fee. Businesses must e-file where e-filing is available.
Serve the defendant. Someone 18 or older (not you) must serve each defendant with the Summons, Claim, blank Answer, and defendant instructions, by certified mail or personal service. Incorrect service will close your case.
File the Affidavit of Service. After service, the server completes the Affidavit of Service and you file it with the clerk. The deadline is usually 30 days (some courts allow up to 90); ask the clerk.
Wait for the answer, then attend trial. The defendant has 21 days to answer. If they answer, the clerk mails you the trial date; if they do not, you can request a default.

Filing fees: The official self-help instructions list a $69 filing fee for small claims ($81 for a small claims appeal). Service fees (sheriff, certified mail, or process server) are additional and vary by method and county.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 5 years (Idaho Code 5-216)

Answering a lawsuit: 21 days from service.

Serving the defendant: Each defendant must be served by someone 18 or older who is not the plaintiff, by certified mail (return receipt) or personal service via the sheriff, a process server, or another uninvolved adult. File the Affidavit of Service afterward, usually within 30 days (some courts allow up to 90).

Appeals: File a notice of appeal in the court that heard the case within 30 days of judgment; the appeal is a trial de novo.

All Idaho small-claims deadlines

The table below lists the filing deadlines Small Claims Department of the Magistrate Division of the District Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Claim type	Filing deadline
Written contract (Idaho Code 5-216)	5 years
Oral contract / debt (Idaho Code 5-217)	4 years
Property damage (injury to goods/chattels; trespass to real property) (Idaho Code 5-218)	3 years
Personal injury (Idaho Code 5-219)	2 years

Idaho small-claims forms for your unpaid personal loan case

These forms are published by the Small Claims Department of the Magistrate Division of the District Court. Download and complete them before filing.

Claim (CAO SC 1-2): The form that starts the case; the plaintiff states the amount/basis of the claim and verifies it under penalty of perjury.
Summons (CAO SC 1-1): Notifies the defendant of the suit and the 21-day response deadline; served on the defendant with the claim.
How to Sue in Small Claims Court - Plaintiff (CAO SC 1-1a): Step-by-step plaintiff instructions for completing forms, filing, the $69 fee, and serving the defendant.
Affidavit of Service (CAO SC 2-1): Proof of service the server completes and the plaintiff files with the court after the defendant is served.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Idaho Courts Self-Help: Small Claims. Last reviewed 2026-06-24.