Do you need a lawyer for small claims court?
Short answer: No. Small claims court is designed for people who represent themselves. A few states bar lawyers from the hearing; most allow them. The rule in each state is below.
The rule in every state
Each answer links to the statute or official page it comes from (45 of 51 jurisdictions verified).
| State | The rule |
|---|---|
| Alabama | Yes. Parties may appear with or without an attorney, and the court must make reasonable accommodation for parties who are not represented. Ala. Small Claims Rules A and J |
| Alaska | Yes. Any party may be represented by an attorney or legal intern, but a lawyer is not required. A corporation or other organization may be represented by an officer or employee authorized in writing. Alaska Dist. Ct. Civ. R. 15(a)-(b); Alaska Court System FAQ |
| Arizona | Generally no. Attorneys may not appear or take part in a small claims case unless all parties agree in writing before the hearing; an attorney may represent himself or herself. Individuals represent themselves, and businesses appear through an owner, officer or authorized full-time employee. A.R.S. § 22-512 |
| Arkansas | No. Small claims is a forum for people to represent themselves, without attorneys and under relaxed rules of procedure. Arkansas Judiciary District Courts page; Arkansas Attorney General, Guide to Small Claims Court |
| California | No. You may get advice from a lawyer before court, but a lawyer cannot represent either party at the small claims trial. Lawyers are generally allowed after judgment and on appeal. Judicial Council form SC-100-INFO; California Courts Self-Help Guide |
| Colorado | Generally no. Individuals represent themselves and businesses appear through an officer, partner, member or full-time employee; an attorney may appear only in those roles, pro se, or as allowed by Supreme Court rule. If an attorney does appear, the other side may also use a lawyer. In security deposit and landlord-tenant damage cases, a property manager who handled the deposit, rent or lease may represent the owner. C.R.S. § 13-6-407(2), (4) |
| Connecticut | You do not need an attorney, but parties may use one. Connecticut Judicial Branch Small Claims FAQ |
| Delaware | Yes. Attorneys may appear, but an individual may appear without one, and entities may use a certified non-attorney representative. JP Court Civil page |
| Florida | Yes. Parties may appear personally or through an attorney. A party represented by an attorney is subject to discovery, and a non-attorney may not represent a business on appeal. Fla. Sm. Cl. R. 7.020(b), 7.090(a), 7.230(b) |
| Georgia | Yes, but an attorney is not required; self-represented (pro se) parties may present or defend their cases. Georgia Council of Magistrate Court Clerks page |
| Hawaii | Yes in most cases, though attorney's fees generally cannot be awarded. In security deposit disputes, attorneys cannot appear for the landlord or the tenant (except an attorney who is the landlord or tenant representing himself or herself). Hawaii State Judiciary, Small Claims Court Q&A |
| Idaho | No. Attorneys may not appear for a party at a small claims trial, pretrial matter or post-trial motion, but they may advise parties and help prepare documents, and they may appear in proceedings to enforce a judgment. An attorney may bring his or her own claim as a party. Idaho Code § 1-2307 |
| Illinois | Yes. Parties may appear with or without a lawyer; corporations must use a lawyer to bring a claim. Ill. Sup. Ct. R. 282(b); Illinois Supreme Court approved form instructions SC-I 1802.4 |
| Indiana | Yes. A person may appear alone or with a lawyer. Sole proprietorships, partnerships, corporations, LLCs, LLPs and trusts may appear through a lawyer, owner, or a designated full-time employee (or trustee), who must file a certificate of compliance and affidavit in each case; using a designated employee waives any claim over the small claims limit. Ind. Small Claims Rule 8(C) |
| Iowa | Yes. Any party may be represented by an attorney, but an attorney is not required. Iowa Code §§ 631.5(1), 631.14(3); Iowa Judicial Branch, Small Claims |
| Kansas | Generally no. No party may be represented by an attorney before judgment; a party may appear through a full-time employee, officer or other non-attorney representative. If any party uses a representative who is or was an attorney, or an attorney represents himself or herself, all other parties may have an attorney, and the court must grant one reasonable continuance to hire counsel. K.S.A. 61-2707; K.S.A. 61-2714 |
| Kentucky | Yes. Parties may represent themselves or hire an attorney. Small Claims Handbook (P-6), 'Small Claims Division' |
| Louisiana | Yes. Parties may appear without a lawyer or hire one. In a city-court small claims division, a local court rule may limit the role of attorneys. AG Guide to Louisiana Justice of the Peace Courts; La. R.S. 13:5208(A) |
| Maine | Yes. Parties often represent themselves but may hire an attorney. A spouse, relative or friend who is not a party may not assist at the hearing. A Guide to Small Claims Cases (PUB-006, January 2026) |
| Maryland | Yes. A lawyer is not required, but either side may hire one at its own cost. Maryland Judiciary, Small Claims self-help page |
| Michigan | No. Attorneys may appear only for themselves, and no one other than the plaintiff and defendant may take part, except business and government representatives allowed by statute. Either party may remove the case to the general civil division before trial to use a lawyer. MCL 600.8408; MCL 600.8412 |
| Minnesota | Yes. A party may be represented by a Minnesota-licensed lawyer. Minn. Gen. R. Prac. 512 |
| Mississippi | Yes. Parties may be represented by an attorney or may represent themselves; pleadings are signed by the party or, if represented, by the attorney of record. Rules of Justice Court 3, 15(a)-(b) |
| Missouri | Yes. Parties may bring or defend a claim without a lawyer, and the summons tells the defendant that the case may be defended with or without an attorney. RSMo 482.310; RSMo 482.340 |
| Montana | Only if all parties are represented by attorneys. A defendant who wants a lawyer (or a jury) can move the case to regular justice's court within 10 days after service. Mont. Code Ann. §§ 25-35-505, 25-35-605 |
| Nebraska | No. No party may be represented by an attorney in small claims court. Attorneys may participate only after the case is transferred to the regular county court docket, on post-default motions, or on appeal. Neb. Rev. Stat. §§ 25-2803(2), 25-2804(7), 25-2805, 25-2807 |
| New Hampshire | Yes. An attorney must file an appearance and give copies to the other parties at least 7 days before the hearing; a party who did not get timely notice may ask for a continuance, which is ordinarily granted. RSA 503:2-a |
| New Jersey | Yes, but a lawyer is not required; most people file and present their cases without one. NJ Courts, Small Claims Court |
| New Mexico | Yes. Parties may represent themselves or hire an attorney; some business entities must use an attorney. Metropolitan Court pamphlet SH-101 |
| New York | Yes. A corporation may defend through an attorney or through an authorized officer, director or employee. NYC Civil Ct. Act § 1809(2) |
| North Carolina | Yes, but not required. Parties do not need an attorney at the magistrate trial or on appeal. N.C. Gen. Stat. §§ 7A-222, 7A-228 |
| North Dakota | Parties may appear without a lawyer; the statute does not bar attorneys. The hearing is informal and the judge may conduct their own inquiry. If the defendant removes the case to district court and the plaintiff wins there, the district court must award the plaintiff attorney's fees. N.D.C.C. 27-08.1-03, 27-08.1-04 |
| Ohio | Yes. A plaintiff may file personally or through an attorney, and parties may be represented by counsel. Ohio Rev. Code 1925.04, 1925.17 |
| Oklahoma | Yes. The Act does not bar attorneys and provides for attorney fees: in uncontested cases fees are generally capped at 10% of the judgment (up to 25% on documented application). 12 O.S. 1751(C) |
| Oregon | Only with the judge's consent. Businesses and public bodies may appear without an attorney, and one spouse may appear for both with written consent. ORS 46.415(4), (5), (7) |
| Pennsylvania | Yes. An individual may appear personally, through an attorney, or through a non-lawyer representative who has personal knowledge of the dispute and written authorization filed with the court. Partnerships and corporations may appear through an attorney, a partner or officer, or an authorized employee or agent with personal knowledge. Pa.R.Civ.P.M.D.J. 207 |
| Rhode Island | Yes. The District Court provides separate small claims complaint and answer forms for attorneys. Clerks cannot give legal advice or fill out forms. R.I. District Court, Small Claims |
| South Carolina | Yes. Parties may appear with or without an attorney; when a party has no lawyer, the magistrate must question the parties and witnesses so all claims and defenses are presented, and court staff will explain procedures and help with forms when needed. SCRMC Rule 13(a)-(b) |
| South Dakota | Yes. Either party may be represented by an attorney, but a lawyer is not necessary because the court is informal and the judge explains procedures. SDCL 15-39-47; UJS Guide to Small Claims Court |
| Texas | Yes. An individual may represent themselves or hire an attorney. A corporation or other entity may be represented by an attorney or by a non-attorney employee, owner, officer or partner. The court may allow an unpaid family member or other person to assist a self-represented individual. Tex. R. Civ. P. 500.3 |
| Vermont | Yes. Any person or entity may be represented by an attorney but is not required to be. 12 V.S.A. 5536 |
| Virginia | No. All parties represent themselves. An attorney may appear only pro se (for themselves) or to remove the case to the regular general district court docket. A party the judge finds unable to participate may be represented by a non-attorney friend or relative who knows the facts. Va. Code 16.1-122.4 |
| Washington | Not without the judge's permission. Attorneys and legal paraprofessionals may not appear for or participate with a party unless the judge consents; corporations have limited representation rights. RCW 12.40.080 |
| Wisconsin | Yes. A party may appear personally or through an attorney licensed in Wisconsin; a lawyer is not required. Wis. Stat. 799.06(2) |
| Wyoming | Yes. Parties may appear in person or through authorized employees, with or without an attorney. If one side appears with an attorney, the other side is entitled to a continuance to get an attorney of its own. W.S. 1-21-202(b) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.