Defective Product or Service
If you purchased a product that's defective or paid for a service that wasn't delivered as promised, and the seller or provider refuses to refund or fix the problem, small claims court can help.
Typical claim amount
$100 – $5,000
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
A common starting point is what you paid — the refund you're owed for a product or service that didn't work as promised. If you had to pay someone else to repair or replace it, you can usually claim that instead or in addition. Keep receipts and any repair estimates so your number is documented. Tie the claim to your actual loss rather than to inconvenience.
How to pursue this claim, step by step
- 1
Gather your proof: the receipt, the listing or advertisement describing what was promised, and photos or video of the defect.
- 2
Document the problem clearly and save all communication with the seller about it.
- 3
Decide what you're asking for — a refund, the cost to repair or replace, or both — and total it up with receipts.
- 4
Send a written demand referencing your receipt, the description, and exactly what's wrong, with photos and a deadline to respond.
- 5
Confirm you're within your state's deadline to sue, then file naming the seller or business by its correct legal name.
- 6
At the hearing, bring the item if you can, plus the receipt, the listing, and your photos so the judge can see the gap between what was promised and what you got.
Common examples
Product broke shortly after purchase and seller won't refund
Item received doesn't match the description
Service was not performed as agreed
Warranty claim was denied unfairly
Online purchase never delivered
Evidence you should gather
The stronger your evidence, the better your chances. Start collecting these items before you file:
Receipt or proof of purchase
Product listing, advertisement, or description
Photos or videos of the defective product
Written communication with seller about the problem
Warranty documentation
Expert opinion or repair estimate (if applicable)
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
Reference your receipt, the product description, and exactly what's wrong. Include photos. For online purchases, screenshot the listing. Some businesses resolve the issue once they receive a formal demand rather than risk a judgment — though not all will.
Read the demand letter guide →Court preparation tip
Bring the defective product to court if possible — showing the judge a broken item is more powerful than describing it. If it's too large, bring clear photos from multiple angles.
What trips people up
Throwing away the defective item or its packaging before the hearing.
Not saving the original listing or ad showing what was promised.
Claiming for frustration or inconvenience instead of documented dollar losses.
Skipping the seller's own return or repair process, which courts like to see you tried.
Suing a storefront name instead of the seller's actual legal entity.
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 if the product just stopped working?
Possibly. If it failed within a reasonable time or within a warranty and the seller won't refund or repair it, small claims may be appropriate. Implied warranties in many states cover goods that should be fit for ordinary use.
What if the service wasn't done as promised?
You can usually claim what you paid, or the cost to have it done correctly, if the provider didn't deliver what was agreed. Keep the agreement, proof of payment, and evidence of the shortfall.
Do I have to accept a repair instead of a refund?
It depends on what was promised and your state's consumer rules. Document the seller's offers and your responses so the court sees the full picture.
How much can I ask for?
Generally your actual loss — the refund, or the cost to repair or replace — backed by receipts. Avoid padding the number with inconvenience.
Should I bring the broken item to court?
Yes, if it's portable. Judges find a physical defective item more convincing than a description. If it's too big, bring clear photos from multiple angles.
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
Breach of Contract
Someone broke a written or verbal agreement
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 defective product or service disputes are resolved without ever going to court.
Read the demand letter guide