Breach of Contract
A breach of contract happens when someone fails to fulfill their obligations under an agreement — written or verbal. If that breach cost you money, you can sue for your losses in small claims court.
Typical claim amount
$500 – $12,500
Statute of limitations category
Written contract (varies by state)
See your state's small claims rules
Pick your state above to see its claim limit, deadlines, and rules — or browse all state guides.
How much to ask for
The usual goal is to put you in the position you'd be in if the agreement had been kept — your actual losses from the breach. That often means money you paid and didn't get value for, plus extra costs you reasonably had to spend because the other side didn't follow through. Document each piece with receipts or estimates. Courts generally don't award damages that are speculative or that you can't tie to the breach.
How to pursue this claim, step by step
- 1
Write down the terms of the agreement, whether it was a signed contract or a verbal deal, and what each side promised.
- 2
Gather proof the agreement existed and that you held up your end — the contract, emails, texts, or witnesses.
- 3
Document the breach and your resulting losses, with receipts or estimates for each cost.
- 4
Send a written demand quoting the terms that were broken and stating your documented damages and a deadline to pay.
- 5
Confirm you're within your state's deadline to sue, then file naming the right person or business entity.
- 6
At the hearing, organize your evidence around three points: the agreement existed, they broke it, and it cost you money.
Common examples
Vendor didn't deliver goods or services as agreed
Someone broke a lease or rental agreement
Business partner didn't fulfill their obligations
Service provider didn't meet agreed-upon terms
Buyer backed out of a deal after you incurred costs
Evidence you should gather
The stronger your evidence, the better your chances. Start collecting these items before you file:
The contract itself (written, or your account of verbal terms)
Evidence the other party agreed to the terms (emails, texts, witnesses)
Proof you fulfilled your obligations under the contract
Evidence of the breach (what they failed to do)
Documentation of your financial losses
Any communication about the dispute
Ready to take action?
A demand letter often resolves disputes before court. Our free guide shows you how to write one in minutes.
Read the demand letter guideDemand letter tip
Quote the specific contract terms that were violated. Attach a copy of the contract if written. For verbal agreements, reference any texts or emails that confirm the terms. State your exact damages with documentation.
Read the demand letter guide →Court preparation tip
The judge needs to see three things: (1) an agreement existed, (2) the other party broke it, and (3) you lost money because of it. Organize your evidence around these three points.
What trips people up
Not being able to prove the agreement's actual terms, especially for verbal deals.
Claiming losses that are speculative or not clearly tied to the breach.
Forgetting to show you did your own part of the deal.
Missing your state's deadline, which can differ for written versus oral contracts.
Suing the wrong party — confirm who actually made the agreement with you.
Filing deadlines by state
Your statute of limitations depends on your state. Here are some examples for this type of case:
| State | Deadline | Max claim |
|---|---|---|
| Alabama | 6 years | $6,000 |
| Alaska | 3 years | $10,000 |
| Arizona | 6 years | $5,000 |
| Arkansas | 5 years | $5,000 |
| California | 4 years | $12,500 |
| Colorado | 3 years | $7,500 |
| Connecticut | 6 years | $5,000 |
| Delaware | 3 years | $25,000 |
| District of Columbia | 3 years | $10,000 |
| Florida | 5 years | $8,000 |
| Georgia | 6 years | $15,000 |
| Hawaii | 6 years | $5,000 |
| Idaho | 5 years | $5,000 |
| Illinois | 10 years | $10,000 |
| Indiana | 10 years | $10,000 |
| Iowa | 10 years | $6,500 |
| Kansas | 5 years | $10,000 |
| Kentucky | 15 years | $2,500 |
| Louisiana | 10 years | $5,000 |
| Maine | 6 years | $10,000 |
| Maryland | 3 years | $5,000 |
| Massachusetts | 6 years | $7,000 |
| Michigan | 6 years | $7,000 |
| Minnesota | 6 years | $20,000 |
| Mississippi | 3 years | $3,500 |
| Missouri | 10 years | $5,000 |
| Montana | 8 years | $7,000 |
| Nebraska | 5 years | $7,500 |
| Nevada | 6 years | $10,000 |
| New Hampshire | 3 years | $10,000 |
| New Jersey | 6 years | $5,000 |
| New Mexico | 6 years | $10,000 |
| New York | 6 years | $10,000 |
| North Carolina | 3 years | $10,000 |
| North Dakota | 6 years | $15,000 |
| Ohio | 8 years | $6,000 |
| Oklahoma | 5 years | $10,000 |
| Oregon | 6 years | $10,000 |
| Pennsylvania | 4 years | $12,000 |
| Rhode Island | 10 years | $5,000 |
| South Carolina | 3 years | $7,500 |
| South Dakota | 6 years | $12,000 |
| Tennessee | 6 years | $25,000 |
| Texas | 4 years | $20,000 |
| Utah | 6 years | $20,000 |
| Vermont | 6 years | $10,000 |
| Virginia | 5 years | $5,000 |
| Washington | 6 years | $10,000 |
| West Virginia | 10 years | $20,000 |
| Wisconsin | 6 years | $10,000 |
| Wyoming | 10 years | $6,000 |
Frequently asked questions
Can I sue over a verbal agreement?
Often yes. Verbal contracts can be enforceable, but they're harder to prove. Texts, emails, witnesses, or a pattern of conduct can establish the terms. Some kinds of contracts must be in writing in many states.
What do I have to prove?
Generally three things: an agreement existed, the other party broke it, and you lost money as a result. Organizing your evidence around those points makes a clear case.
What damages can I claim?
Usually your actual losses from the breach — money paid without getting value, plus reasonable extra costs caused by the breach. Speculative or hard-to-prove losses are typically not awarded.
Do I have to try to limit my losses?
In many states you're expected to take reasonable steps to reduce your damages (called mitigation). Document the steps you took, since the other side may argue you didn't.
How long do I have to sue?
Your state's statute of limitations sets the deadline, and it often differs for written versus oral contracts. Confirm your state's window before filing.
Other case types
Security Deposit Not Returned
Your landlord won't return your security deposit
Unpaid Invoice or Loan
Someone owes you money and won't pay
Car Accident Damage
Someone damaged your car and won't pay for repairs
Contractor or Repair Disputes
A contractor did poor work or didn't finish the job
Defective Product or Service
Something you bought doesn't work and the seller won't fix it
Unpaid Rent (Landlord vs Tenant)
Your tenant owes rent and won't pay
Property Damage by Neighbor
Your neighbor damaged your property
Auto Repair Disputes
Mechanic overcharged, did bad work, or caused damage
Moving Company Damage
Movers broke or lost your belongings
Wedding Vendor Disputes
Wedding photographer, DJ, venue, or vendor didn't deliver
Bad Check or Bounced Payment
Someone paid you with a check that bounced
Pet-Related Disputes
Dog bite, vet malpractice, or pet purchase gone wrong
Roommate Disputes
Roommate owes rent, utilities, or damaged shared property
Online Purchase or Marketplace Disputes
Item never delivered, counterfeit, or not as described
Dry Cleaner or Laundry Damage
Dry cleaner ruined or lost your clothing
Travel and Airline Disputes
Airline, hotel, or travel company ruined your trip
Insurance Claim Disputes
Insurance company denied or underpaid your claim
Gym or Membership Cancellation
Gym or club keeps charging after cancellation
Towing and Vehicle Impound Disputes
Your car was illegally towed or you were overcharged
Home Appliance or Electronics Warranty
Manufacturer or retailer won't honor a warranty
Freelance or Gig Work Payment
Client won't pay for freelance or contract work you completed
Utility Billing Disputes
Overcharged by a utility company or service provider
Dental or Medical Billing Disputes
Overcharged for medical or dental services
Tenant Suing Landlord for Repairs
Landlord won't fix habitability issues in your rental
Last updated 2026-06-28.
General information to help you understand the process — not legal advice. Rules and dollar limits vary by state and change over time, so always confirm the current requirements with your court. See our Editorial Standards.
Ready to take action?
A demand letter is often the first step. Many breach of contract disputes are resolved without ever going to court.
Read the demand letter guide