Washington Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Washington: 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 Washington
- Small claims limit
- $10,000 for claims brought by a natural person; $5,000 for all other claimants (businesses, corporations). Money claims only. RCW 12.40.010
- Filing fee
- $35 base fee plus any authorized surcharge; the AOC brochure says the fee is $35 or $50 depending on whether the county supports a dispute resolution center. Counterclaims carry the same fee. Service or mailing costs are extra and may be recovered by a winning plaintiff. RCW 12.40.020; AOC, An Introduction to Small Claims Court (Oct. 2025)
- Are lawyers allowed?
- 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
- Appeals
- No appeal if the amount claimed was under $250, and a party who brought a claim or counterclaim may appeal only if they sued for more than $1,000. To appeal to superior court, within 30 days of judgment file a Notice of Appeal with the district court, serve the other parties, pay a $20 transcript fee, deposit the $280 superior court filing fee, pay a $40 processing fee, and post a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater. RCW 12.40.120; chapter 12.36 RCW; AOC brochure
Court: District Court, Small Claims Department. Last verified: 2026-10-24.
How to file a small claims case in Washington
- Confirm your money claim is within the limit ($10,000 for individuals, $5,000 for businesses) and that you are the original claimant, not an assignee.
- Get a Notice of Small Claim from the district court clerk in the county where the defendant lives, and sign it before the clerk.
- Pay the $35 or $50 filing fee; the clerk sets the hearing date.
- Have a non-party adult or the sheriff serve the notice, or send it by certified or registered mail, at least 10 days before the hearing, and file proof of service.
- Prepare your documents and attend the hearing (or required mediation); lawyers may participate only with the judge's permission.
- If you win and are not paid within 30 days, use garnishment or execution; appeals to superior court must be filed within 30 days and are limited by amount.
Can you use small claims court?
| Small claims limit | $10,000 for claims brought by a natural person; $5,000 for all other claimants (businesses, corporations). Money claims only. Source: RCW 12.40.010 |
|---|---|
| Who can file | Any individual, business, partnership or corporation (with a few exceptions) may sue for money. The claim must be verified by the real claimant; an assignee may not file or prosecute an assigned claim (limited transfer exception in RCW 12.40.025). The State of Washington cannot be sued in small claims. |
| Are lawyers allowed? | 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. Source: RCW 12.40.080 |
Filing your case
| Where to file | Generally the district court of the county where the defendant lives; exceptions are in RCW 3.66.040. |
|---|---|
| Official forms | Washington small claims cases are filed in district court. The statewide small claims forms (revised 01/2025) are the Notice of Small Claim (MISC 05.0100) to start the case, Certificate of Service (MISC 05.0200), Small Claims Order of Dismissal/Continuance (MISC 05.0300) and Small Claims Judgment (MISC 05.0500), each in Word and PDF. Your county may have additional requirements and a courthouse facilitator who can help with paperwork. |
| Filing fee | $35 base fee plus any authorized surcharge; the AOC brochure says the fee is $35 or $50 depending on whether the county supports a dispute resolution center. Counterclaims carry the same fee. Service or mailing costs are extra and may be recovered by a winning plaintiff. |
| Serving the defendant | The Notice of Small Claim must be served by a non-party adult competent to be a witness or by the sheriff, in any manner allowed by RCW 4.28.080 (such as personal delivery or leaving it at the defendant's home with a responsible person), or by registered or certified mail with a signed return receipt filed with the court. Service must be completed at least 10 calendar days before the first hearing. |
Before and at the hearing
| When the hearing happens | The clerk sets the hearing, trial or response date on the notice; the defendant must be required to appear at least five days after service. The first hearing may be a dispute resolution or pretrial session rather than the trial. Source: RCW 12.40.030, 12.40.060 |
|---|---|
| Does the defendant file an answer? | No formal pleading is required beyond the claim and notice. The defendant must appear in person at the time set; if the defendant does not appear, the plaintiff may get a judgment for the amount proven plus costs. Source: RCW 12.40.060, 12.40.090 |
| Counterclaims | A defendant may file a counterclaim by paying the filing fee, filing it with the court and serving notice on the plaintiff. Claims over the small claims limit may be brought as a separate superior court action. |
| Mediation | Some courts suggest or require that parties mediate before or at the hearing, and the first hearing may be a dispute resolution session. Counties that support a dispute resolution center charge a higher filing fee. |
| Jury trial | No. Small claims cases are heard informally by a judge; the chapter provides no jury trial. Source: RCW 12.40.080, 12.40.090 |
After the decision
| Appeals | No appeal if the amount claimed was under $250, and a party who brought a claim or counterclaim may appeal only if they sued for more than $1,000. To appeal to superior court, within 30 days of judgment file a Notice of Appeal with the district court, serve the other parties, pay a $20 transcript fee, deposit the $280 superior court filing fee, pay a $40 processing fee, and post a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater. |
|---|---|
| Collecting your judgment | The court does not collect for you. The judge may order a payment plan. If no appeal is taken and the judgment is unpaid after 30 days (or the time set in a payment plan), it becomes a district court civil judgment increased by costs and interest, and execution, wage or bank garnishment and other collection processes may issue. The judgment can be filed in superior court lien dockets. Source: RCW 12.40.100, 12.40.105 |
Deadline to sue
6 years for an action on a written contract or liability arising from a written agreement (written lease). 3 years for a contract or liability not in writing (oral lease). RCW 4.16.040(1); 4.16.080(3)
Official forms and help
Suing a landlord or tenant in Washington
Washington tenants commonly use small claims to recover security deposits (up to $10,000 for an individual), and landlords use it for unpaid rent or damages. A landlord that is a business entity is limited to $5,000 in small claims.
- Washington security deposit demand letter (send before you sue)
- Washington security deposit law
- Tenant lawyers and free legal aid in Washington
Washington small claims FAQ
What is the small claims limit in Washington?
$10,000 for claims brought by a natural person; $5,000 for all other claimants (businesses, corporations). Money claims only.
Who can file a small claims case in Washington?
Any individual, business, partnership or corporation (with a few exceptions) may sue for money. The claim must be verified by the real claimant; an assignee may not file or prosecute an assigned claim (limited transfer exception in RCW 12.40.025). The State of Washington cannot be sued in small claims.
Can you bring a lawyer to small claims court in 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.
Where do I file a small claims case in Washington?
Generally the district court of the county where the defendant lives; exceptions are in RCW 3.66.040.
How much does it cost to file in small claims court in Washington?
$35 base fee plus any authorized surcharge; the AOC brochure says the fee is $35 or $50 depending on whether the county supports a dispute resolution center. Counterclaims carry the same fee. Service or mailing costs are extra and may be recovered by a winning plaintiff.
How do I serve the other side in a Washington small claims case?
The Notice of Small Claim must be served by a non-party adult competent to be a witness or by the sheriff, in any manner allowed by RCW 4.28.080 (such as personal delivery or leaving it at the defendant's home with a responsible person), or by registered or certified mail with a signed return receipt filed with the court. Service must be completed at least 10 calendar days before the first hearing.
How long does a small claims case take in Washington?
The clerk sets the hearing, trial or response date on the notice; the defendant must be required to appear at least five days after service. The first hearing may be a dispute resolution or pretrial session rather than the trial.
Does a defendant have to file an answer in Washington small claims court?
No formal pleading is required beyond the claim and notice. The defendant must appear in person at the time set; if the defendant does not appear, the plaintiff may get a judgment for the amount proven plus costs.
Can the defendant file a counterclaim in Washington small claims court?
A defendant may file a counterclaim by paying the filing fee, filing it with the court and serving notice on the plaintiff. Claims over the small claims limit may be brought as a separate superior court action.
Is there a jury in Washington small claims court?
No. Small claims cases are heard informally by a judge; the chapter provides no jury trial.
Can you appeal a small claims decision in Washington?
No appeal if the amount claimed was under $250, and a party who brought a claim or counterclaim may appeal only if they sued for more than $1,000. To appeal to superior court, within 30 days of judgment file a Notice of Appeal with the district court, serve the other parties, pay a $20 transcript fee, deposit the $280 superior court filing fee, pay a $40 processing fee, and post a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater.
How do I collect a small claims judgment in Washington?
The court does not collect for you. The judge may order a payment plan. If no appeal is taken and the judgment is unpaid after 30 days (or the time set in a payment plan), it becomes a district court civil judgment increased by costs and interest, and execution, wage or bank garnishment and other collection processes may issue. The judgment can be filed in superior court lien dockets.
Is mediation required in Washington small claims court?
Some courts suggest or require that parties mediate before or at the hearing, and the first hearing may be a dispute resolution session. Counties that support a dispute resolution center charge a higher filing fee.
Where can I get small claims court forms in Washington?
Washington small claims cases are filed in district court. The statewide small claims forms (revised 01/2025) are the Notice of Small Claim (MISC 05.0100) to start the case, Certificate of Service (MISC 05.0200), Small Claims Order of Dismissal/Continuance (MISC 05.0300) and Small Claims Judgment (MISC 05.0500), each in Word and PDF. Your county may have additional requirements and a courthouse facilitator who can help with paperwork.
Small claims limits in all 50 states and DC · Small claims court in other states
More Washington law
- Washington tenant rights & landlord-tenant law
- Washington wills, probate & estates
- Washington protective & restraining orders
- Washington employment law
- Washington debt & collections
- Washington unemployment benefits
- Washington divorce & family law
- Washington expungement & criminal records
- Washington traffic tickets & dui
- Washington personal injury & wrongful death
- Washington workers' compensation
- Washington foreclosure & homeowner law
- Washington consumer protection
- Washington starting an llc & small business
- Washington bankruptcy
- Washington car insurance & vehicle laws
- Washington property tax & homestead exemptions
- Washington criminal law
- Washington gun laws
- Find a lawyer or free legal help in Washington
- All Washington law guides
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.