Small claims court in Idaho (2026)
In Idaho you can sue for up to $15,000 in small claims. Court: Small Claims Department of the Magistrate Division of the District Court. Lawyers: not allowed. Appeal: either side, 30 days. For a broken written agreement you generally have 5 years to sue. Last checked .
Idaho small claims at a glance
- Most you can sue for
- $15,000
- Court
- Small Claims Department of the Magistrate Division of the District Court
- Filing fee
- $69
- Lawyers
- Not allowed
- Appeal
- Either side, 30 days
- Ask for payment first
- Not required by law
Can you sue in Idaho small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
Idaho small claims limit
$15,000
Enter the amount to compare it with the limit.
The rule: Money claims up to $15,000 per claim, or recovery of personal property worth up to $15,000. The court cannot award punitive damages or damages for pain and suffering. The limit was raised from $5,000 to $15,000 by Senate Bill 1330 (2026 Idaho Sess. Laws ch. 196), effective July 1, 2026. Official sources do not say whether interest or costs count toward the limit.
Deadline to sue (general rule)
5 years for this kind of claim in Idaho. Enter the date it happened to see the last day.
Written contract: 5 years. Oral contract: 4 years. Taking, detaining, or injuring goods, and trespass on real property: 3 years. Personal injury: 2 years.
Lawyers: Lawyers generally can't represent you in small claims court.
Before you file: No general demand requirement is stated. Exception: for bad-check claims, the extra statutory damages are available only if the plaintiff sent a written demand at least 10 days before suing.
Appeal: Either dissatisfied party may appeal within 30 days from entry of the judgment against them, to a lawyer magistrate other than the one who decided the case; it is heard as a trial de novo in the same county. The appeal fee is $20, and a party who loses the appeal pays the winner's attorney fee under Idaho Code 12-120(6).
Filing fee: The Court Assistance Office says there is a $69 filing fee for small claims cases (Idaho Code 1-2303(3) sets a $33 part of it). Service costs are extra and are added to the judgment if the plaintiff wins. An appeal costs an extra $20 under 1-2311.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Small claims cases are heard by the small claims department of the magistrate division in each county. File in the county where the defendant lives or where the claim arose; a defendant sued in the wrong county may ask to move the case.
- Limit. Money claims up to $15,000 per claim, or recovery of personal property worth up to $15,000. The court cannot award punitive damages or damages for pain and suffering. The limit was raised from $5,000 to $15,000 by Senate Bill 1330 (2026 Idaho Sess. Laws ch. 196), effective July 1, 2026. Official sources do not say whether interest or costs count toward the limit. (in force since July 1, 2026)
- Filing fee. The Court Assistance Office says there is a $69 filing fee for small claims cases (Idaho Code 1-2303(3) sets a $33 part of it). Service costs are extra and are added to the judgment if the plaintiff wins. An appeal costs an extra $20 under 1-2311.
Who can sue and who can speak in court
- No attorney may appear for a party at trial, pretrial, or post-trial motions; a lawyer may advise a party and may appear in post-judgment collection. A business is represented by an owner of a substantial interest or a nonattorney employee. Assignees, including licensed collection agencies, may sue, but an attorney-assignee may not appear.
- Before you file. No general demand requirement is stated. Exception: for bad-check claims, the extra statutory damages are available only if the plaintiff sent a written demand at least 10 days before suing.
- Jury and moving the case. No party may have the case heard by a jury in the small claims department.
How long you have to sue in Idaho
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contract: 5 years. Oral contract: 4 years. Taking, detaining, or injuring goods, and trespass on real property: 3 years. Personal injury: 2 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 5 years |
| Oral (spoken) agreement | 4 years |
| Damage to property | 3 years |
| Personal injury | 2 years |
Law: Idaho Code 5-216, 5-217, 5-218(2)-(3), 5-219(4)
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- A new trial in a higher court
- Deadline
- Either dissatisfied party may appeal within 30 days from entry of the judgment against them, to a lawyer magistrate other than the one who decided the case; it is heard as a trial de novo in the same county. The appeal fee is $20, and a party who loses the appeal pays the winner's attorney fee under Idaho Code 12-120(6).
- Collecting the money
- If the defendant does not pay, the plaintiff may have the judgment certified and entered on the judgment docket, after which execution and other collection process may issue as with other magistrate judgments. From 60 days after judgment, the plaintiff may also recover attorney fees and documented collection costs set by the court.
Good to know in Idaho
- The defendant has 21 days after service to file an answer; if an answer is filed, the court sets the case for trial or mediation (Idaho Code 1-2303).
- Small claims actions may be brought by or against state and local government entities, which may not appear through an attorney (Idaho Code 1-2306).
- Some county pages still show the old $5,000 limit; the statute was amended effective July 1, 2026.
- A business filing in a county where e-filing is available must e-file its documents (CAO SC 1-1a).
Official help and forms
- Idaho courts: small claims self-help
- Idaho small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- Idaho Code Title 1, Chapter 23 (Small Claims) (read October 18, 2026)
- Idaho Code 1-2301 (read October 18, 2026)
- Idaho Code 1-2307 (read October 18, 2026)
- Idaho Code 1-2311 (read October 18, 2026)
- Senate Bill 1330 as amended (2026) (read October 18, 2026)
- Idaho Court Assistance Office: How to Sue in Small Claims Court (CAO SC 1-1a) (read October 18, 2026)
- Idaho Code 5-216 (read October 18, 2026)
- Idaho Code 5-217 (read October 18, 2026)
- Idaho Code 5-218 (read October 18, 2026)
- Idaho Code 5-219 (read October 18, 2026)
- Idaho Court Assistance Office: Small Claims forms (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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