What is the small claims limit in Trinidad and Tobago, and how do I sue?

What the Petty Civil Court can hear

The court hears contract and tort claims where the amount claimed is "not more than fifty thousand dollars" (Petty Civil Courts Act (Chapter 4:21), s 8(1)). The limit has been $50,000 since 27 January 2015 (Finance Act 2015, s 4). It also hears claims to recover land, including from tenants, where neither its value nor the rent is more than $50,000 a year (s 10(1)).

A larger claim can be brought here by abandoning the excess, not by splitting it, and the judgment then settles the whole claim (ss 9, 23). A claim within the limit must normally be started here (s 24A).

The court cannot grant injunctions or other equitable relief. Among the claims it cannot hear are defamation, malicious prosecution, false imprisonment, breach of statutory duty and claims about acts done in public office (s 15(2)). A claim for wages, damages for assault, detention or conversion of goods, or trespass to enclosed land will be struck out, unless there is good cause to keep it, if a magistrate could adequately have dealt with it under the Summary Courts Act or another Act. You may then go before a magistrate only if you are still entitled to, and the fact that the time for doing so has run out is not good cause to keep the claim here (s 16).

Starting and serving a claim

A claim starts with a summons signed by the Clerk of the Court in which it is to be tried (Petty Civil Courts Rules, r 3). For a fixed sum, you can use a default summons, with an affidavit swearing to the debt and that you believe there is no defence (rr 5, 9). Unless the defendant applies within 10 clear days after service and satisfies the magistrate that there is a real question to be tried or a defect in the proceedings, you may enter judgment (r 10(1)). Other claims use an ordinary summons. In most courts it must be served at least 8 clear days before the hearing date, in person or by leaving it at the defendant's home with a resident who appears to be 16 or over (rr 4, 6(1)). A default summons must be served on the defendant personally within 6 months of issue. If prompt personal service cannot be effected, the magistrate may order substituted service, but only if satisfied on oath that reasonable efforts at service have been made and that the defendant knows of the claim or is evading service (r 7).

A letter of demand before you sue is sensible.

Attorneys, costs, interest and enforcement

You may conduct your own case or use an attorney-at-law. No one else may speak for you, except that a person may conduct the case of "his wife or child or servant being a member of his household" (s 35(1)–(3)). Costs are in the magistrate's discretion (s 38), but where the sum claimed is $10,000 or less, no costs are allowed for an attorney (s 35(1)).

A judgment debt carries interest at 5% a year from the date judgment is entered until payment (s 40A(1); LN 169/2016). If it is not paid, it can be enforced against the debtor's goods, except tools of trade worth up to $10,000, and by attaching debts owed to the debtor (ss 41(1), 43). If a judgment for more than $10,000 (excluding costs) cannot conveniently be satisfied from the debtor's goods, a High Court judge can, on application, make it a High Court judgment (s 42).

Appeals and time limits

An appeal lies to the Court of Appeal, except in a contract or tort claim for $2,000 or less (s 33(1)). The time for appealing is short and is set by the Court of Appeal's civil rules, so act quickly (s 33(3)).

Most claims in contract or tort must be brought within 4 years after the cause of action accrued (Limitation of Certain Actions Act (Chapter 7:09), s 3(1)). For personal injury, time may instead run from when the injured person learned the key facts, and the court may also allow late claims (ss 5, 7, 9). A written acknowledgment of a debt, or a part payment, can in some cases restart time (ss 12, 13).

Limitation periods were also suspended for part of the COVID-19 period (s 23), so check the dates carefully for an older claim.

The Small Claims Courts to come

The Civil Division Act 2026 received the President's assent on 24 March 2026 but is not yet in force as at 22 September 2026. Once proclaimed, it will repeal the Petty Civil Courts Act, and magistrates will hear small claims as Small Claims Courts under a limit to be set by Rules of Court (ss 2, 13, 14, 40, 43).