Unpaid wages in small claims court

If an employer has not paid wages, final paychecks, overtime, or promised bonuses, small claims court is one avenue to recover — and in many states, wage claims can also be filed with the state labor or wage-and-hour agency as a separate (sometimes faster) process. Your strongest evidence is documentation of the hours worked, the agreed pay rate, and what was actually paid, along with any employment agreement or pay stubs.

Steps that matter

1. Gather your employment agreement, pay stubs, timesheets or other hours records, and any written communication about your pay rate or the amount owed.
2. Calculate the exact amount you are owed: hours worked times rate, minus any payments already received.
3. Check whether your state's labor or wage-and-hour agency offers a separate wage claim process that may be faster or recover more.
4. Send a written demand to your employer stating the amount owed and a deadline to pay, and keep proof you sent it.
5. File in the court for the county where you worked or where the employer is located, within the applicable deadline.

Find your state's guide

• Texas — up to $20,000 · Justice Court (Justice of the Peace) ✓ Auto-fill
• Connecticut — up to $5,000 · Small Claims Court (a session of the Superior Court) ✓ Auto-fill
• Delaware — up to $25,000 · Justice of the Peace Court ✓ Auto-fill
• Hawaii — up to $5,000 · Small Claims Division of the District Court ✓ Auto-fill
• Kansas — up to $10,000 · the small claims division of the District Court ✓ Auto-fill
• Maryland — up to $5,000 · Small Claims division of the District Court of Maryland ✓ Auto-fill
• Michigan — up to $7,000 · Small Claims Division of the District Court ✓ Auto-fill
• Missouri — up to $5,000 · Small Claims Court (the small claims division of the Circuit Court) ✓ Auto-fill
• North Dakota — up to $15,000 · Small Claims Court (a division of the District Court) ✓ Auto-fill
• Pennsylvania — up to $12,000 · Magisterial District Court ✓ Auto-fill
• South Dakota — up to $12,000 · Small Claims Court (within the Circuit Court system) ✓ Auto-fill
• California — up to $12,500 · Small Claims Court (the small claims division of the Superior Court)
• New York — up to $10,000 · Small Claims Court (the small claims part of the local civil court)
• Florida — up to $8,000 · County Court (Small Claims division)
• Illinois — up to $10,000 · Circuit Court (Small Claims)
• Ohio — up to $6,000 · Small Claims Division of the Municipal or County Court
• North Carolina — up to $10,000 · Small Claims Court (heard by a magistrate in the District Court division)
• New Jersey — up to $5,000 · Small Claims Section of the Special Civil Part (Superior Court, Law Division)
• Virginia — up to $5,000 · Small Claims Division of the General District Court
• Washington — up to $10,000 · District Court (Small Claims Department)
• Georgia — up to $15,000 · Magistrate Court
• Massachusetts — up to $7,000 · District Court, Boston Municipal Court, or Housing Court (small claims)
• Indiana — up to $10,000 · Small Claims docket of the Circuit or Superior Court
• Wisconsin — up to $10,000 · Circuit Court (Small Claims)
• Colorado — up to $7,500 · Small Claims Court (a division of the County Court)
• Minnesota — up to $20,000 · Conciliation Court
• South Carolina — up to $7,500 · Magistrates Court
• Louisiana — up to $5,000 · Small Claims Division of a City Court
• Arizona — up to $5,000 · Small Claims Division of the Justice Court
• Arkansas — up to $5,000 · Small Claims Division of the District Court
• Idaho — up to $5,000 · Small Claims Department of the Magistrate Division of the District Court
• Iowa — up to $6,500 · District Court (small claims docket)
• Kentucky — up to $2,500 · Small Claims Division of the District Court
• Maine — up to $10,000 · Small Claims Court (a session of the District Court)
• Montana — up to $7,000 · Small Claims Court (a division of the Justice Court)
• Nebraska — up to $7,500 · Small Claims Court (a division of the county court)
• Nevada — up to $10,000 · Justice Court (small claims division)
• New Hampshire — up to $10,000 · Circuit Court, District Division
• New Mexico — up to $10,000 · Magistrate Court (Metropolitan Court in Bernalillo County)
• Oklahoma — up to $10,000 · District Court (small claims docket)
• Rhode Island — up to $5,000 · Rhode Island District Court (Small Claims)
• Utah — up to $20,000 · Justice Court
• Vermont — up to $10,000 · Vermont Superior Court, Civil Division (small claims)
• West Virginia — up to $20,000 · Magistrate Court
• Wyoming — up to $6,000 · Circuit Court (Small Claims)
• District of Columbia — up to $10,000 · Small Claims and Conciliation Branch, Civil Division, Superior Court of the District of Columbia
• Oregon — up to $10,000 · Small Claims Department of the Circuit Court

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: always verify with your local court.