Small Claims Court
Small Claims Court is a special division of the Justice Court. Small Claims Court is designed to help parties who do not have attorneys resolve their disputes quickly and inexpensively. Claims in Small Claims Court must be $10,000.00 or less, and judges can award only monetary damages. This means that judges in Small Claims Court can only order the other party to pay money. They cannot order the other party to perform an action, such as returning property or ceasing to play loud music.
Generally, parties in Small Claims Court represent themselves without an attorney. This is sometimes called “appearing pro se” or being “self-represented.” Attorneys are allowed in Small Claims Court. However, the winning party in a small claims case cannot collect attorney’s fees from the losing party. Therefore, a party who hires an attorney will bear the burden of paying that attorney. Because parties generally represent themselves in Small Claims Court, the procedures and rules of evidence are more relaxed than in ordinary Justice Court.
For information on how to file a small claims complaint, or to collect on a small claims judgement, download the Court’s Guide to Small Claims on this page.
Overview of Small Claims Process
Demand For Payment
- Plaintiff must send DEMAND LETTER to Defendant
Case Opened
- Plaintiff files SMALL CLAIMS COMPLAINT, pays filing fee.
- Plaintiff files MEMORANDUM OF COSTS
Defendant Served
- Defendant is SERVED at least 10 days before Court date.
- Defendant may file and serve a COUNTERCLAIM for damages he or
she believed is owed from the Plaintiff.
Mediation
- If settlement reached, case is CLOSED
- If Defendant does not attend, DEFAULT JUDGMENT for Plaintiff
- If Plantiff does not attend, case is DISMISSED
- If both sides attend, but no settlement reached, then case set for TRIAL
Trial
- If Defendant does not attend, DEFAULT JUDGEMENT for Plaintiff.
- If Plaintiff does not attend, case DISMISSED
- Otherwise, Justice of the Peace hears the case and considers all the
evidence and renders JUDGMENT
Judgment
- If either party disagrees with the judgment, he or she may APPEAL to
the District Court within 5 business days, paying filing fees, post
appropriate bond, and post full judgment amount. - If no timely appeal, then prevailing party may proceed to collect on the
judgement by filing a WRIT OF EXECUTION or applying for a
JUDGMENT DEBTORS EXAM. - When paid in full, a SATISFACTION OF JUDGMENT must be filed
Mediation
The court has established a program of mediation for filed Small Claims cases to aid members of our community with resolving their disputes. The parties will meet with a trained mediator to try and reach a mutually agreeable solution. The mediator facilitates a respectful environment to help the parties look at their goals and options so they can find a solution that leaves everyone satisfied. There are no additional fees for the mediation. The mediation is confidential. Nothing that is said or done in mediation is admissible, or can be considered, by the judge at a Small Claims bench trial.
Mediation can include agreements that include provisions that cannot be ordered in Small Claims Court, such as the return of a pet or the repair of a car. The provisions may be tailored to the meet the needs of the individual participants.
After the mediation concludes, the mediator will prepare a Mediator’s Report which outlines the agreement or non-agreement. The parties will sign the Mediator’s Report, and it will be filed with the Court. That agreement then becomes a written contract and can be enforced by both parties.
If one party breaches the agreement, the other party can obtain a judgment without having to go to a hearing by notifying the court of the default in a written motion. Both parties should be aware that if they sign an agreement in mediation and then breach the agreement, they will not have an opportunity to contest the underlying issue in court.
If an agreement is not reached during mediation, the Mediator’s Report will reflect this. There is no penalty for failing to reach an agreement. Your matter will be set for trial and you will get a notice of the date by mail.
If either party fails to appear for the mediation, the Mediator’s Report will reflect this. The judge will determine how the matter will proceed and all parties will be notified by mail.