What Cannot Be Filed in Small Claims: 8 Clear Rules and Practical Fixes

Introduction: Why Knowing What Cannot Be Filed in Small Claims Saves Time and Money

Choosing the wrong court wastes time, money, and momentum. If you try to file claims that belong in probate court, family court, or bankruptcy court, your case will be dismissed, deadlines will slip, and you may forfeit evidence. Knowing what cannot be filed in small claims keeps your case moving.

In this piece you will learn the common exclusions, including claims for divorce, probate issues, insolvency proceedings, injunctions, defamation involving complex damages, and claims above the small claims monetary limit. I will show how to spot these problems early.

For each rule you will get a practical fix, for example where to file instead, how to convert a claim to civil court, when to use arbitration, and when hiring an attorney is the smarter move. Follow these steps to avoid wasted filings.

What Small Claims Courts Do Handle, Briefly

If you are wondering what cannot be filed in small claims, start with a quick tour of what these courts do accept. Small claims courts handle straightforward money disputes, like unpaid invoices, security deposit claims, minor car repairs, and property damage where the amount fits the court limit. Example, a tenant seeking a $1,200 deposit refund or a contractor chasing $3,000 for unfinished work are classic small claims cases.

Monetary limits vary by state, commonly between $2,500 and $10,000, with a few states allowing up to $25,000. Always check your local cap before filing. Typical remedies are simple monetary judgments, order to return property, or court costs, not complex injunctions or large punitive awards.

Practical tip, bring receipts, photos, contracts, and a short timeline. Send a demand letter first, it often resolves the issue without court. Also note, some courts restrict lawyer involvement or have streamlined procedures to keep things fast and inexpensive.

Core Categories of Cases You Cannot File in Small Claims

You need to know what cannot be filed in small claims, because sending the wrong case wastes time and court fees. Below are the core subject matter exclusions you will encounter in most jurisdictions, with clear examples and quick fixes.

Family law. Divorce, child custody, child support, and adoption belong in family court. Example: if you try to get custody of a child in small claims, the clerk will tell you to file in family court. Fix: contact the family court clerk or a legal aid clinic for the correct filing form.

Probate and estate matters. Wills, trust interpretation, estate administration, and guardianship cases go to probate court. Example: a dispute over a deceased relative’s will cannot be resolved in small claims. Fix: open a probate case and request summary procedures if the estate is small.

Criminal law and regulatory enforcement. You cannot file criminal charges or seek criminal penalties in small claims. Example: theft should be reported to the police and prosecutor, not filed as a small claims suit. Fix: file a police report, then follow up with the prosecutor.

Equitable relief, including injunctions and specific performance. If you need a court order to stop an action or force a sale transfer, use civil court. Example: asking a court to force a seller to deliver title requires a higher court and often legal counsel. Fix: consult a civil litigator or file in the appropriate trial court.

Common Examples That Confuse People, With Plain Scenarios

Divorce is an easy example of what cannot be filed in small claims. Family law involves custody, support, property division; those need a family court petition, not a small claims complaint. Same with eviction; unlawful detainer cases go to a housing or superior court, although you can sue for a security deposit or unpaid rent in small claims after the eviction is final.

Complex business disputes confuse people too. Multi party contract fights that require discovery, expert witnesses, or equitable relief do not belong in small claims; break the dispute into a simple unpaid invoice under the monetary limit, or file in civil court and consider arbitration.

Intellectual property claims are mostly federal. Copyright and trademark suits, infringement injunctions, statutory damages, these are not small claims matters; file in federal court or pursue DMCA takedowns and cease and desist letters first.

Practical fix, pick your route: family court for divorce, housing court for evictions, federal court or administrative remedies for IP, civil court or mediation for complex business disputes.

A Simple Checklist To Decide If Your Case Belongs in Small Claims

If you are wondering what cannot be filed in small claims, run this quick checklist before you file. Each step takes about five minutes.

1. Who is the defendant and where are they located. If the defendant does not live or do business in the court’s county, the court may lack jurisdiction. Example, a California plaintiff cannot sue a Florida company in small claims in Los Angeles unless the company has contacts there.

2. Is your claim under the court’s monetary limit. Check the local small claims ceiling. If your damages exceed it, either reduce the claim to the limit and reserve the rest for higher court, or file in civil court.

3. Are you asking for money only. Small claims typically award damages, not injunctions, specific performance, or declaratory relief. Want someone ordered to stop a behavior, not just pay? Small claims is the wrong place.

4. Is the subject statutorily excluded. Common exclusions include probate matters, family law, bankruptcy, immigration, and certain tax or patent issues. Check local rules.

5. Do procedural rules bar it. Some contracts require arbitration, or a small claims exception may not apply to government entities.

If any box fails, consider civil court, an administrative agency, or mediation.

If Your Claim Is Not Allowed, What Are Your Practical Options

If your dispute falls under what cannot be filed in small claims, do not panic, you have clear options. First, file in a higher civil court, for example a superior or district court, when the amount or type of relief exceeds small claims limits. Check filing fees, statute of limitations, and venue rules at the court clerk’s office before you pay anything.

Second, pursue administrative remedies. Many consumer, employment, and tenant issues can go to a state agency or labor board, which often offers faster hearings and specialized subpoenas. For instance, wage theft complaints usually start with the labor department.

Third, use mediation or arbitration. Court referred mediation can settle complex cases without a trial; arbitration is quicker than full litigation when a contract allows it. Bring organized evidence, a clear settlement target, and realistic deadlines.

Last, hire an attorney for higher court suits or complex claims. Ask about unbundled services, contingency fees, and early case assessment to control costs and improve your odds.

How to Avoid Costly Filing Mistakes

Start by calling the court clerk, then ask three specific questions: what is the dollar limit, which forms you need, and whether your type of dispute is allowed. Clerks cannot give legal advice, but they will tell you practical limits and filing fees, and they often email the claim packet on request.

Read the local rules next, especially sections about damages and proof. Many courts limit damages to a fixed amount, exclude attorney fees, or require proof of mitigation. Download sample forms so you file correctly the first time.

Calculate damages precisely. Add invoices, repair estimates, lost wages, and receipts, then show your math on a single damage summary page. Don’t include speculative amounts or preexisting damage.

Finally check the statute of limitations for your claim. If your incident is near the deadline, file immediately or get written advice about tolling. Small steps here prevent big wasted time.

Final Insights and Quick Next Steps

Wrap up in plain terms. Small claims courts are designed for fast, low cost resolution of straightforward money disputes. When you ask what cannot be filed in small claims, think: complex remedies, disputes requiring equitable relief, or matters outside the court’s monetary or subject matter limits. Examples you will see again and again, eviction proceedings often belong in housing court, family law cases like divorce and custody are off limits, probate and wills usually go to probate court, and requests for injunctions or specific performance belong in higher courts.

Before you file, verify local court rules and limits. Many states cap small claims at $5,000 or $10,000, and some require a notice of claim for suits against government entities. Call the court clerk, read your state small claims handbook, and download the official forms.

Quick action plan you can follow now

1. Check your state limit, and confirm whether the issue involves equitable relief or special courts.
2. Search the local court website for small claims filing rules and fee schedules.
3. Send a clear demand letter with a deadline and proof of delivery.
4. If small claims is not allowed, identify the correct court or agency, for example housing court, probate court, or an administrative board.
5. Consider free legal clinics or a consult if jurisdiction is unclear.

These steps cut wasted time, and help you choose the right path for your dispute.