Small Claims Court

Individuals (plaintiffs) can file civil claims against other individuals and partnerships/corporations (defendants) in district court, either with an attorney or on their own. If a claim is filed in district court, the claim itself must be for no more than eight thousand dollars ($8,000) plus court costs. To determine which district court is the proper court in which to file a claim against another individual, the claim must be filed either (1) where the transaction took place; or (2) where the cause of action arose; or (3) where the defendant (the person that you are suing) can best be served.

Once you have determined the proper district court in which to file your claim, you would need to bring the following information to the court: (1) the name and address of the defendant; and (2) the exact address where the transaction took place. The plaintiff is provided with a civil worksheet and the civil complaint itself, which is a typed version of the plaintiff’s explanation of why the plaintiff is suing the defendant. The complaint MUST BE SIGNED by the plaintiff or his or her attorney.

Once the paperwork is completed, the filing fee is paid to the court by the plaintiff and the court will process the complaint. A copy of the complaint must be “served” on the defendant, either by certified mail or by constable service, as the plaintiff chooses. Constable service involves an additional fee. The defendant is notified that he or she must notify the court of his or her intent to defend the claim; in turn, the court will notify the plaintiff. If the defendant either fails to notify the court that he or she intends to defend the case and does not appear at the hearing, or provides the notice of intent to defend but fails to appear, judgment is entered for the plaintiff.

If both parties appear at the time of the hearing, they should bring with them any individuals (witnesses) that have information about the issues contained in the complaint or the defense to the claim, and/or any documentation that relates to these issues. The judge will instruct both parties as to how the hearing will be conducted in the courtroom and explain when the decision will be made and each party’s appeal rights.

These are general guidelines for claims filed in district court and concern claims filed against individuals. There are additional rules for both these types of claims, including counterclaims, and claims against corporations and/or partnerships. You should always contact the local district court to determine what that court requires for filing a claim.