Vermont Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Vermont: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Vermont
- Small claims limit
- $10,000 for civil money claims (not slander or libel). A larger claim cannot be split into several small claims. Collection of consumer credit debt or medical debt over $5,000 is excluded. 12 V.S.A. 5531
- Filing fee
- $65 for claims of $1,000 or less; $90 for claims of $1,001 to $10,000 (consumer credit and medical debt claims: $90 from $1,001 to $5,000). Fee waivers are available by application, and a winning plaintiff can ask to add the fee to the judgment. Vermont Judiciary, Court Fees
- Are lawyers allowed?
- Yes. Any person or entity may be represented by an attorney but is not required to be. 12 V.S.A. 5536
- Appeals
- Any party may appeal to the Superior Court by filing a Notice of Appeal in the Civil Division within 30 days of the judgment; the fee is $120 (waiver available). The appeal is decided on the record of the small claims trial (including the audio recording), not as a new trial, by a judge who did not take part in the decision. There is no appeal as of right to the Vermont Supreme Court. 12 V.S.A. 5538; Vermont Judiciary, Small Claims Trials and Appeals
Court: Superior Court, Civil Division (small claims). Last verified: 2026-10-24.
How to file a small claims case in Vermont
- Confirm your claim is for money only and is $10,000 or less ($5,000 for consumer credit or medical debt collection).
- Complete the small claims complaint and file it with the Superior Court Civil Division in the county where you or the defendant lives, in person, by mail, by email or by e-filing.
- Pay the $65 or $90 filing fee, or apply for a fee waiver.
- Within seven days after the court returns the signed summons, mail the papers to the defendant by first-class mail; if there is no answer in 30 days, arrange sheriff or constable service.
- The defendant has 30 days to answer and may counterclaim; if there is no answer, request a default judgment within 60 days after the answer was due.
- Attend the merits hearing set by the court with your evidence and witnesses; the judge decides the case.
- Appeal within 30 days if needed; otherwise, if unpaid after 30 days, ask for a financial disclosure hearing, trustee process, a judgment lien or a writ of execution.
Can you use small claims court?
| Small claims limit | $10,000 for civil money claims (not slander or libel). A larger claim cannot be split into several small claims. Collection of consumer credit debt or medical debt over $5,000 is excluded. Source: 12 V.S.A. 5531 |
|---|---|
| Who can file | Any person or business may sue a person or business. Debt collection claims arising from consumer credit transactions or medical debt are limited to $5,000. |
| Are lawyers allowed? | Yes. Any person or entity may be represented by an attorney but is not required to be. Source: 12 V.S.A. 5536 |
Filing your case
| Where to file | The Civil Division of the Superior Court in the county where the plaintiff lives or where the defendant lives. |
|---|---|
| Official forms | To start a Vermont small claims case (up to $10,000; consumer credit and medical debt claims capped at $5,000), file the Small Claims Complaint (form 100-00257), part of the Small Claims Information and Instructions for Plaintiff and Small Claims Complaint packet, with the Civil Division of the Superior Court in the county where you or the defendant lives. You can file in person, by mail, by email or electronically (e-file). Fee: $65 for claims of $1,000 or less; $90 for claims over $1,000. |
| Filing fee | $65 for claims of $1,000 or less; $90 for claims of $1,001 to $10,000 (consumer credit and medical debt claims: $90 from $1,001 to $5,000). Fee waivers are available by application, and a winning plaintiff can ask to add the fee to the judgment. Source: Vermont Judiciary, Court Fees |
| Filing online | Yes. Small claims may be filed in person, by mail, by email (stating how the fee will be paid) or by e-filing. |
| Serving the defendant | After the court returns the signed summons and complaint, the plaintiff mails them to the defendant by first-class mail within seven days. If the defendant does not answer within 30 days, the plaintiff must have a sheriff or constable serve the defendant. The return of service must be filed within 60 days of the first mailing or the case may be dismissed. Out-of-state defendants are served under V.R.C.P. 4(e). |
Before and at the hearing
| When the hearing happens | No fixed period. If the defendant disputes the claim, the court schedules a trial (merits hearing) and mails notice to both parties; timing varies by court. |
|---|---|
| Does the defendant file an answer? | Yes. The defendant has 30 days to answer, counted from the mailing date (if served by mail) or the date of sheriff service. If no answer is filed, the plaintiff may request a default judgment within 60 days after the answer was due. |
| Counterclaims | A defendant may counterclaim on the answer form for a related claim ($25 fee up to $500; $35 for $501-$10,000). The counterclaim may exceed the limit, but the judgment cannot exceed $10,000, and any excess is forfeited if the defendant chooses small claims. Not counterclaiming does not bar a later separate suit. Counterclaim fees: https://www.vtcourts.gov/fees |
| Jury trial | The plaintiff waives a jury by filing. The defendant may request a jury by filing, before the hearing, a good-faith affidavit identifying the factual disputes and paying a $10 jury fee. Source: 12 V.S.A. 5535 |
| Interpreters | The Judiciary provides interpreters at no cost for court proceedings and services. Ask any courthouse employee, use the online request form, or file a written request with the judge, ideally before the hearing. |
After the decision
| Appeals | Any party may appeal to the Superior Court by filing a Notice of Appeal in the Civil Division within 30 days of the judgment; the fee is $120 (waiver available). The appeal is decided on the record of the small claims trial (including the audio recording), not as a new trial, by a judge who did not take part in the decision. There is no appeal as of right to the Vermont Supreme Court. |
|---|---|
| Collecting your judgment | The debtor has 30 days to pay. After that, the creditor may request a financial disclosure hearing (followed by a payment order and, if ignored, contempt), trustee process (wage garnishment or bank funds), a judgment lien recorded in town land records, or a writ of execution by the sheriff. Trustee process and execution require the judgment to be unpaid for 30 days with no appeal. Judgments last eight years and can be renewed. |
Deadline to sue
6 years. Vermont's general civil-action limitations period (six years after the cause of action accrues) applies to suits for unpaid rent or damages under both written and oral leases. 12 V.S.A. § 511
Official forms and help
Suing a landlord or tenant in Vermont
Vermont small claims is commonly used by tenants to recover security deposits and by landlords for unpaid rent or damages up to $10,000. Only money damages can be awarded, so possession of a rental unit is handled in a separate eviction case.
- Vermont security deposit demand letter (send before you sue)
- Vermont security deposit law
- Tenant lawyers and free legal aid in Vermont
Vermont small claims FAQ
What is the small claims limit in Vermont?
$10,000 for civil money claims (not slander or libel). A larger claim cannot be split into several small claims. Collection of consumer credit debt or medical debt over $5,000 is excluded.
Who can file a small claims case in Vermont?
Any person or business may sue a person or business. Debt collection claims arising from consumer credit transactions or medical debt are limited to $5,000.
Can you bring a lawyer to small claims court in Vermont?
Yes. Any person or entity may be represented by an attorney but is not required to be.
Where do I file a small claims case in Vermont?
The Civil Division of the Superior Court in the county where the plaintiff lives or where the defendant lives.
How much does it cost to file in small claims court in Vermont?
$65 for claims of $1,000 or less; $90 for claims of $1,001 to $10,000 (consumer credit and medical debt claims: $90 from $1,001 to $5,000). Fee waivers are available by application, and a winning plaintiff can ask to add the fee to the judgment.
How do I serve the other side in a Vermont small claims case?
After the court returns the signed summons and complaint, the plaintiff mails them to the defendant by first-class mail within seven days. If the defendant does not answer within 30 days, the plaintiff must have a sheriff or constable serve the defendant. The return of service must be filed within 60 days of the first mailing or the case may be dismissed. Out-of-state defendants are served under V.R.C.P. 4(e).
How long does a small claims case take in Vermont?
No fixed period. If the defendant disputes the claim, the court schedules a trial (merits hearing) and mails notice to both parties; timing varies by court.
Does a defendant have to file an answer in Vermont small claims court?
Yes. The defendant has 30 days to answer, counted from the mailing date (if served by mail) or the date of sheriff service. If no answer is filed, the plaintiff may request a default judgment within 60 days after the answer was due.
Can the defendant file a counterclaim in Vermont small claims court?
A defendant may counterclaim on the answer form for a related claim ($25 fee up to $500; $35 for $501-$10,000). The counterclaim may exceed the limit, but the judgment cannot exceed $10,000, and any excess is forfeited if the defendant chooses small claims. Not counterclaiming does not bar a later separate suit.
Is there a jury in Vermont small claims court?
The plaintiff waives a jury by filing. The defendant may request a jury by filing, before the hearing, a good-faith affidavit identifying the factual disputes and paying a $10 jury fee.
Can you appeal a small claims decision in Vermont?
Any party may appeal to the Superior Court by filing a Notice of Appeal in the Civil Division within 30 days of the judgment; the fee is $120 (waiver available). The appeal is decided on the record of the small claims trial (including the audio recording), not as a new trial, by a judge who did not take part in the decision. There is no appeal as of right to the Vermont Supreme Court.
How do I collect a small claims judgment in Vermont?
The debtor has 30 days to pay. After that, the creditor may request a financial disclosure hearing (followed by a payment order and, if ignored, contempt), trustee process (wage garnishment or bank funds), a judgment lien recorded in town land records, or a writ of execution by the sheriff. Trustee process and execution require the judgment to be unpaid for 30 days with no appeal. Judgments last eight years and can be renewed.
Can I file a small claims case online in Vermont?
Yes. Small claims may be filed in person, by mail, by email (stating how the fee will be paid) or by e-filing.
Can I get an interpreter in Vermont small claims court?
The Judiciary provides interpreters at no cost for court proceedings and services. Ask any courthouse employee, use the online request form, or file a written request with the judge, ideally before the hearing.
Where can I get small claims court forms in Vermont?
To start a Vermont small claims case (up to $10,000; consumer credit and medical debt claims capped at $5,000), file the Small Claims Complaint (form 100-00257), part of the Small Claims Information and Instructions for Plaintiff and Small Claims Complaint packet, with the Civil Division of the Superior Court in the county where you or the defendant lives. You can file in person, by mail, by email or electronically (e-file). Fee: $65 for claims of $1,000 or less; $90 for claims over $1,000.
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