A Guide to Suing the Government in Small Claims Court

When you're looking for a quick, convenient way to resolve a fairly minor dispute, small claims court can be just the ticket. The amount you can recover is limited—most states cap small claims authority at $15,000 or less—but cases tend to move quickly, and the court rules and procedures are much more relaxed than in regular court.

If your case is against the government, can you sue in small claims court? In most states, the answer is yes. But as we'll see, suing the government in any court—small claims or otherwise—brings special challenges. In particular:

• some defendants (governments and agencies you might want to sue) and claims are off limits
• governments, their officers, and sometimes their employees enjoy immunity from lawsuits, meaning it will be very difficult (or impossible) to sue them for damages, and
• when you are allowed to sue the government, you'll almost certainly have to follow special rules and procedures.

Defendants and Claims That Are Off Limits in Small Claims Court

Each state gets to decide for itself what parties can be sued in small claims court, as well as the kinds of claims that are allowed. Check your state law for details before you file.

Defendants You Can't Sue in Small Claims Court

Here are some defendants that you can't (or might not be able to) sue in small claims court.

• Federal defendants. You can't sue the United States, its departments, or agencies in small claims court. The same goes for federal officers and employees who injured you while they were working. If you were run over by a federal government car being driven by an employee who was doing their job at the time, you'll have to follow special rules for federal claims. One of those rules is: You have to sue in federal court.
• State and local defendants. A handful of states flatly prohibit small claims suits against some (or all) state government defendants. In Alaska, for instance, you can't bring a small claims suit against the state. (Alaska Stat. § 22.15.040(a) (2025).) Arizona doesn't allow small claims lawsuits against the state or its political subdivisions, or against their officers or employees when they're acting in an official capacity. (Ariz. Rev. Stat. § 22-503.B.9 (2025).)

Note that limitations on suits against government employees apply only when you're suing them for things they do within the scope of their job duties. If a state transportation department employee who's driving their own auto negligently runs a red light and injures you while driving home from the office, they're fair game for a small claims suit.

(Learn more about the rules for bringing claims against the government in your state.)

Claims You Can't Bring in Small Claims Court

Some kinds of lawsuits don't belong in small claims court. Be on the lookout if your case involves one of these.

• Relief other than damages. As a rule, the only relief you can get in small claims court is money damages. If you want injunctive relief—an order commanding the government to do (or not do) something—you probably can't get it in small claims court. The same is true for declaratory relief, like an order declaring a state or local law to be invalid for some reason. Both remedies are commonly sought in claims against the government. But if that's what you want, you'll need to file in regular court.
• Suits challenging administrative action. Suppose you think a state or local government agency did something wrong. Maybe the state department of revenue audited your returns and, you believe, wrongly assessed additional taxes. Or the county property tax assessor improperly valued your home, or didn't give you credit for a homestead exemption. Small claims court isn't the place for these disputes. You'll need to follow established administrative review procedures before you can take your case to court, and even then, small claims won't be an option.

Government and Official Immunity From Suit

State governments, and their officials and employees, generally enjoy immunity from lawsuits. When immunity applies, it's usually an impenetrable barrier that defeats your claim before it ever gets off the ground.

State Governments and Their Departments

Sovereign immunity shields state governments, along with their departments and agencies, from liability for money damages unless they've waived (voluntarily given up) that immunity and consented to being sued. Each state has partially waived its sovereign immunity in a law that's often called a "tort claims act."

What does this waiver mean? It means that if your claim is one for which the state has waived its immunity, you can ask the government for money damages. Among other claims, states often waive immunity from suits alleging:

• negligent operation of a government motor vehicle
• dangerous conditions on government-owned properties, and
• medical malpractice.

(Find out more about suing a state government for damages.)

Local governments like counties, townships, and cities, usually benefit from a different kind of protection called "governmental immunity." State law determines the scope of this immunity, and when and how it can be waived. In some states, for example, local governments waive their immunity by purchasing liability insurance to cover losses caused by their wrongful conduct.

It's your job to show the court that your case is one that's allowed. When you can't make that showing, the court will dismiss your lawsuit at the government's request.

Government Officers and Employees

Those who work for state and local governments—their officers and employees—also are protected by immunity from damages liability. Sometimes generically called "official immunity," it comes in a couple of different forms.

• Absolute immunity. Certain officials, like judges, prosecutors, and legislators, are absolutely immune from damages liability for their official acts. So, for instance, a prisoner can't sue a judge for sentencing them to jail, because the judge has absolute immunity for that official act. It's up to the officer asserting absolute immunity to show that it applies.
• Qualified immunity. Other government officials are protected from damages liability under a rule called qualified immunity. An official who's accused of violating another's constitutional or statutory rights is shielded by qualified immunity unless similarly situated officers have been found responsible for violating the same rights under the same, or nearly the same, circumstances. Once an official raises qualified immunity as a defense, the other side must prove that it doesn't apply under the circumstances.

You'll Need to Follow Special Rules and Procedures

Suing the government in small claims court isn't like suing a private individual or a business. Once you get past immunities, you're likely to encounter special rules and procedures that don't apply to other lawsuits. Here are a few of the most common.

Notice Requirements

More often than not, before you can sue the government in court, you first have to give written notice that includes this information (and maybe more):

• you were injured by the government's wrongdoing
• when, where, and how your injury happened, and
• you plan to bring a claim seeking money damages.

Typically, there's a very short deadline to provide this notice—between 60 days and 6 months after the date you were injured is common. You might need to provide notice using a government-approved form. Depending on state law, you could have to notify more than one agency or official. As a rule, failing to give the required notice, or failing to deliver it within the time deadline, will be fatal to your case.

The Statute of Limitations

In states where you're allowed to sue the government in court, don't confuse notice requirements (discussed above) with the deadline to actually file a lawsuit, called a statute of limitations. The two are distinct. The fact that you satisfy the notice requirement doesn't relieve you of the obligation to sue in court before the limitation period expires, if you haven't had success settling your claim.

Sometimes, the statute of limitations for claims against the government is the same as for all other defendants. But don't assume that to be true—check your state law. If you're not sure how much time you've got to file, get help from an attorney right away. Miss the statute of limitations and your case is, in all likelihood, legally dead. You've lost the right to collect damages from the government.

No Jury Trial

As a rule, you're not entitled to a jury in small claims court. Jury trials invariably lengthen and complicate court proceedings. Because the small claims process is meant to be streamlined and the procedures are simplified, most states say that small claims cases must be heard by a judge or a magistrate. If you think it's important that your case be decided by a jury, you'll have to sue in regular court.

Get Help With Your Small Claims Case Against the Government

Claims against the government—even small claims—aren't easy. Even if the facts are straightforward and your injuries and damages are clear, government immunities and special rules can quickly muddy the waters. Because you're probably not familiar with court rules and procedures to begin with, you might soon find yourself in over your head.

Give some thought to having an attorney guide you through the process. It might not make financial sense to have a lawyer do all the work when your small claims case is worth only a few thousand dollars. But two or three hours of attorney time can help you to formulate a plan, devise arguments to deal with immunities, and navigate your way through the procedural minefield. You need all the help you can get when you're up against the seemingly limitless resources of the government. Having experienced counsel in your corner could be just what you need.