In Small Claims Court, a person may sue for up to $4,000. This court is meant to be a relatively quick, inexpensive way to resolve disputes that you've been unable to settle. The Small Claims Court is not complicated. Lawyers generally cannot participate and there are no juries, motions or objections. There is only a small charge for filing the lawsuit. A trial may be obtained much sooner than in other courts, and most trials are short, lasting about 20 minutes. You may have to wait while other cases are heard.
Although the Small Claims Court is meant to be accessible to all people, many are sometimes intimidated by the prospect of going to court. This publication is intended to explain how to use the Small Claims Court. Whether you are suing or being sued, you should read the entire publication. Also, not every county's Small Claims Court follows the same procedures, so there may be some things in this publication that do not apply to your county. You should contact the local court clerk to obtain a copy of its procedures. In addition, some counties have a film that illustrates how to prepare and present a Small Claims Court case. Many people find the film helpful. Ask the court clerk if this film is available.
If you have a dispute with a person business or in some cases a government agency involving $4,000 or less, you may use the Small Claims Court. If you want to sue for more, you must go to a different court or drop some of your claim to bring it within the $4,000 limit. You may not split the same claim into two different suits that total more than $4.000. In Small Claims Court you may only sue for money. You may not sue someone to perform a service or return property. For example:
You may not sue for the return of an automobile, but you may sue for the money value of the vehicle.
You may not sue to be rehired, but you may sue for unpaid wages.
You may not sue to make your landlord perform a repair, but you may sue for a security deposit wrongfully withheld, or for the past decreased value of your unit during a period when your landlord breached her duties.
You may not sue for the repair of a faulty appliance, but you may sue to get your money back.
You may sue for all the expenses that resulted directly from the dispute. For example, if your car was damaged, you may sue for the cost of repair plus the cost of renting a car during the repair. Generally, however, you may not include any costs involved in preparing the case, such as lost wages or travel expenses. You may include in your claim the costs of filing the suit and having it served on the other side.
Most claims must be filed within 2 or 3 years after the incident occurred; in the case of a written agreement that is breached, you have 6 years to file. However, you should file your claim as soon as possible. That way, witnesses' memories are still fresh and you are more likely to have your evidence.
If you are suing a business or corporation it will not be allowed to have a lawyer represent it. For this reason it may try to get the case moved to a regular courtroom. If the business plans to ask the judge to move the case, it will have to notify you of a hearing date. You should go to the hearing and object to moving the case for the sake of fairness, since you will be unrepresented if the case is transferred.
Governmental bodies may only be sued in Small Claims Court in certain circumstances. The State of Washington may not be sued in small claims at all. To sue a county, city or other municipality you will usually have to file an administrative claim against them first. To do this, contact the clerk of the governing body you wish to sue. If your claim against them is denied, take the denial to the small claims clerk and tell the clerk that you would like to file a small claim.
Before beginning a small claims suit it is usually a good idea to try to negotiate a settlement. This may be done informally between you and the other party, by informal mediators such as your friends, or by formal mediators. You may also want to try working through the Washington State Attorney General's Office or your local Better Business Bureau.
If you cannot arrange to speak with your opponent, you should write a demand letter requesting the sum you think you are entitled to receive and stating your intent to sue in Small Claims Court if your differences are not resolved. Bring a copy of the letter to court if you cannot reach a settlement.
Demand Letter
A demand letter gives you a chance to clarify in writing what the dispute is about and how you want it to be solved. By letting your opponent know what your concerns and plans are you give her a chance to reconsider her position in light of this information. Often, a well written demand letter will convince an opponent that you are serious about the issue and that action needs to be taken. Following are some guidelines for a demand letter (click here to view a sample demand letter).
Type the letter or use a computer.
Include a review of the problem. Include enough detail to ensure that there is no misunderstanding as to what you are concerned about. Include names and dates where appropriate.
Stick to the facts. Do not include information that does not bear directly on the issue or inflammatory comments.
State clearly what you want the opposing party to d pay for repairs, return your property, etc.
State why the other party should do this. Reference statute or case law if you know this. If not, explain why the fair thing to do is what you propose.
Indicate what you will do if the other party does not meet your demand. State this simply and without malice, e.g., "I believe that what I am asking for is fair and hope that you will recognize this. If, however, you do not do "X" I am prepared to file a claim against you in small claims court."
Conclude by asking the opposing party to respond to you preferably in writing as soon as possible so that you both will be able to resolve this issue and put it behind you.
Be sure to sign the letter and print your name as well.
Finally, keep a copy of your letter and any response you may receive from the other party.
If you are the person being sued, it is also recommended that you contact the other side to see if you can settle the case out of court.
Give compromise a try. Ask yourself if you really want to go to court and risk losing. Remember that the person you are going to sue will have a chance to respond with his or her own claims. Be sure to weigh these possible claims against your own claims before you go to court. In addition, ask yourself whether it is worth the frustration and time involved in going to court.
Consider whether you'll actually be able to collect from your opponent even if you win the case. There is no simple or easy way to collect a judgment. It often requires hiring a lawyer or a collection agency to help you, which may cost money up front or significantly reduce the amount you eventually recover. If the other person has little or no money, you will likely not collect.
If you do settle after filing the suit, you and your opponent should draft and sign a written agreement. It is a good idea to file a copy of this with the court clerk. The person who filed the suit should tell the clerk to dismiss the case. The person who was sued should check to see that it has been dismissed. If the other party agrees to pay at a later date, ask the court in writing for a continuance. The opposing party must be served with a Notice of Continuance with the new trial date. If the opposing party pays before this date, then you should dismiss the case. If you dismiss the case, however, your filing fee and service costs will not be refunded to you, so you should consider adding these costs to the settlement agreement.
If your claim arises from a car accident that was the other driver's fault, you may be able to pressure the other side to settle without going to court. The state may suspend the driver's license of an uninsured person if there's a reasonable possibility that the person was at fault and that person refuses to pay for the damages. To use this procedure you should first fill out an accident report and get a written estimate of damages. Send these to the Washington Department of Licensing in Olympia within 180 days of the accident. If the person agrees to pay you, you should then sign a form that reverses the suspension.
This procedure can lead to the license suspension of any UNINSURED person who may be even partially liable for the accident, including yourself, the owner of the car, and others. Before deciding what to do, you should talk about it with a lawyer.
NonUnited States citizens may use the court. If you don't speak English, you should request an interpreter at the time you file your claim or your answer or counterclaim. You have a right to an interpreter and the court will usually provide one for free, though you may need to show that you cannot afford one. When you go to court for your trial and the judge calls your case, be sure to say again that you need an interpreter.
Your interpreter is your way of both presenting your side of the case and understanding what the other participants say. Make sure your interpreter is translating everything word for word. Remember that details are important; the interpreter should not summarize anything. Speak clearly and slowly, and don't hesitate to tell the judge or your interpreter if there is anything you don't understand.
Every county has one or more district courts. The Small Claims Court is a department of the district court. A claim generally must be filed in the district where your opponent lives, or where the business you're suing is located or is doing business. The district court clerk will be able to tell you whether a particular address is within the boundaries of the court that you have contacted. If you cannot find out your opponent's home address after a reasonable amount of effort, you may sue them in the district where they work using their work address. (RCW) 3.66.040.
A dispute involving a traffic accident or a bad check may be brought in the counties where these incidents occurred. RCW 3.66.040 (4), RCW 4.12.025 (2).
The law is not clear as to whether you may sue in Small Claims Court an out of state defendant who is not a resident of Washington and cannot be properly served in Washington State. For example, where the opponent in your case is a landlord (the owner of the property) who lives in another state. You may still be able to sue him or her in Small Claims Court in Washington in the county where the landlord's property is located. Washington State's "Long Arm Statute" is the law that arguably allows you to do this. RCW 4.28.185.
Assuming that the Long Arm Statute does apply to Small Claims Court, an out of state defendant may be sued if any of the following situations apply: the defendant transacted business in Washington, the defendant committed an act of injury upon another in Washington, the defendant owned, used or possessed real or personal property in Washington, or the defendant contracted to insure any person, property or risk within Washington State at the time of the contract. Your small claims action must arise out of one of the above reasons that you want to bring a case in Washington.
If you have trouble with a clerk of the Small Claims Court understanding the statutes cited above you should INSIST ON SEEING A JUDGE AS THE CLERK MAY NOT MAKE ANY INTERPRETATIONS OF THE LAW! If the judge will not allow you to pursue your claim in Small Claims Court, then you can transfer your case to district or superior court under RCW 12.40.027.
The person filing a suit is called the "plaintiff." The other side is the "defendant." The case is started when the plaintiff files a Notice of Small Claim in the Small Claims Department of the appropriate district court. The form may be obtained from the district court clerk. In some counties, upon request, the court clerk will mail the claim form to the plaintiff and allow a notarized claim to be filed by mail. Other counties require that the plaintiff sign the claim in the presence of the court clerk and file it in person. The court clerk will explain the appropriate procedure and provide you with the basic forms, but is not allowed to complete these forms for you, give legal advice, or attempt to predict how the judge might rule in a case.
You can also obtain general Small Claims Court forms from the Washington State Courts website at www.courts.wa.gov/forms. Before using these forms, however, you should check with your local Small Claims Court since some counties may require county specific forms.
In filling out the Notice of Small Claim, the plaintiff must accurately identify the defendant by name, street address and phone number, if available. A post office box number is not acceptable. More than one person may be sued. If you are suing a married person, it is usually best to name both the husband and wife in the claim. If you are suing as the result of a traffic accident, name both the driver and the registered owner of the vehicle. If you are suing as the result of a business transaction, name both the business and the appropriate company employee, or business owner as defendants. If you name the wrong persons or business in your claim, the case will be dismissed against those defendants, though you may later re-file against the right defendants as long as it is timely done.
When suing a corporation, serve the Notice of Small Claim on any agent authorized by the corporation to receive service. RCW 4.28.080. All corporations doing business in Washington State are required to register the names and addresses of their agents with the Secretary of State. RCW 23B.05.010. A corporation doing business in Washington State which fails to register an agent may be served through the Secretary of State. RCW 23B.05.040(2). You may obtain the name and address of a corporation and it's registered agent by calling the Washington Secretary of State at (360) 753-7115 and choosing option #5 on the pre-recorded menu, or by visiting the website: https://wws2.wa.gov/sos/cor/search.jsp.
The Notice of Small Claim form has a space where you should briefly describe what your claim is about and the amount of your claim. At the time of filing you must pay a small fee. In most counties, the clerk will give you a trial date, a copy of the claim form for your records and a copy of the claim form to be served upon the defendant. In certain counties, a trial date will only be set after the defendant has had an opportunity to deny or agree with the claim.
It is the responsibility of the plaintiff to see that the Notice of Small Claim form is delivered to the defendant. This is called service of the claim. The plaintiff MAY NOT be the one to serve the claim. The claim form must be served on the defendant or given to an adult who resides permanently with the defendant. In the case of a business, agency or absentee landlord, it must be served on a designated agent, such as an executive secretary or rental manager. Service may be done by:
The sheriff's office;
A professional process server (see the yellow pages);
Any person of legal age (18 years) who is not a witness or otherwise connected with the case; or
Registered or certified mail with a return receipt requested. With mail service, you must file with the court the postal receipt bearing the defendant's signature. Allow 5 extra days for the mail to reach the defendant.
The claim must be served on the defendant at least 10 days before the first hearing. If you cannot have the claim delivered within the required time limits, you must return to the clerk and get another claim form to serve on the defendant. After the claim is served, the server must file an affidavit or certificate of service with the court. An affidavit, but not a Certificate of Service, must be signed before a notary public.
If the claim is improperly served, or the affidavit or certificate is improperly com-pleted, the case may be dismissed or delayed. It is recommended, therefore, that service be done by the sheriff's office or by a professional process server. The fee is usually $15 to $30, depending upon the distance to be traveled. This fee may be added to the judgment if you win.
If you are the person being sued, you are the "defendant." You will receive a Notice of Small Claim. In most counties, it will specify a trial date. In certain counties, you will be given a time period within which you may deny (disagree with) the claim that has been filed. You must respond as indicated by the Notice of Small Claim or else you will probably lose automatically. If you deny the claim, a trial date will be set. Unless your case is settled and dismissed by the court, YOU MUST SHOW UP FOR TRIAL. If you do not, you will probably lose automatically, and the person or company suing you (called the plaintiff) will try to collect from you. Your wages might be garnished and some of your property seized. Collection costs incurred during collection, including attorney's fees, could then be added to the judgment. If you disregard the Notice of Small Claim, you may end up owing a lot more than if you had settled or gone to court and lost.
If you did not receive the Notice of Small Claim at least 10 days before the trial, contact the district court clerk and the judge should delay the trial for at least 10 days.
If you believe you do not owe the plaintiff any money because of something the plaintiff did to you, or failed to do, or if you believe the plaintiff owes you money, you may have a "counterclaim" against the plaintiff. You should file a counterclaim with the district court clerk as soon as possible after you get the plaintiff's claim. Do not wait until the trial to tell the judge about your counterclaim. If you do, the judge may feel that the plaintiff did not have enough notice of your counterclaim and may not listen to your counterclaim.
To file and serve your counterclaim, you must follow the same procedure used by the plaintiff for a claim, which is described above. Tell the clerk it is a counterclaim. It will be scheduled for the same day as the plaintiff's claim. You may file your counterclaim after the original claim has been tried, but the court prefers to schedule them for the same day.
You should first gather all the important papers and documents you may need to prove your case. These may include a sales receipt, contract, photograph, diagram, drawing, renter's agreement, canceled check, repair bills or written damage estimate. Bring originals, not photocopies, whenever possible, also bringing an extra copy in case the court wants to keep anything you have. If you had property taken or damaged, write down how much it would cost to replace it from different stores. If your case involves a damaged or faulty product, bring it to court if possible. Evidence must be submitted during the trial, not after the trial; therefore, when in doubt, bring it with you. The evidence must be identified in court and explained by someone personally familiar with it. Prepare for both the claim and counterclaim (if there is one).
Next, you should contact any witnesses who would be able to support your case and ask them to appear at the trial. Witnesses must have personal knowledge of the facts they are asked to testify about. Personal knowledge means, for example, that they saw or heard the dispute or accident, not that you told them about it. Live testimony goes a long way. It carries a greater impact than letters or written statements, although the court may also consider these as evidence. In Washington, however, you cannot order (subpoena) a witness to come to Small Claims Court.
If you want to "see how the system works" before your trial, ask the court clerk when other Small Claims Court trials will be held. This will help you see the right and wrong ways to present your case, give you an idea on how judges rule, and will help you get over nervousness. Your court may also have a film explaining how the Small Claims Court works. Ask the court clerk whether this film is available.
Before trial, you should practice presenting your case. Your presentation should be organized and short. You may want to write a list of important points you don't want to forget. These could include questions to your opponents and to your witnesses. Be sure to let your witnesses know in advance what questions you intend to ask them.
Finally, if you absolutely cannot make it to court for your trial, you must request in writing a continuance from the judge, or at least contact the court clerk. Otherwise, your case will be dismissed or you may lose by default.
Notify the district court clerk when you arrive at the courthouse on the day of trial. You will be directed to the appropriate court-room. The list of cases to be heard that day may be posted outside the courtroom or read aloud at the start of the session. If your case is not listed or read, see the court clerk.
The judge will usually begin by describing the court's procedure. Typically at this time all plaintiffs, defendants and witnesses will be required to swear to tell the truth. Then the first case will be called. Wait for the judge to announce your case, then go forward with your evidence and witnesses.
The burden of proving your claim is on you, the plaintiff. The defendant doesn't have to prove he or she doesn't owe the money. If it ends up your word against the defendant's, you may lose. Don't take your case for granted. You must show that the defendant was served with the Notice of Small Claim (if the defendant doesn't show up for trial), prove your case and show how you arrived at the amount you are seeking.
The judge, and then the defendant, may ask you and your witnesses questions. Answer the questions carefully. Do not insult the other side or become too emotional.
Next, the judge will ask the defendant to present the other side of the story. DO NOT INTERRUPT. If the defendant has filed a counterclaim, the judge will also listen to evidence concerning that claim. Wait for the judge to allow you to ask questions.
After hearing both sides, the judge may announce a decision immediately, or, if more time is needed to study the case, in writing within a few weeks. If a decision is made in court that day, and both sides are present, either side may request the court to order a payment plan. After you receive payment, you should notify the district court clerk in writing that you've been paid.
If the plaintiff doesn't show up without notifying the court, the case will be dismissed and may not be allowed to be rescheduled. If the defendant doesn't show up in court, the defendant may lose by default. The plaintiff must prove that the defendant was served with the Notice of Small Claim (see above). The judge may then grant the plaintiff a judgment for the amount of the claim proved in court. Simi-larly, if the defendant filed and served a counterclaim, and the plaintiff fails to appear in court, the judge may grant the defendant a default judgment against the plaintiff.
If you failed to appear and lost by default, you may get a second chance; however, there must be a very good reason why you were not there and you must have a strong case. You should file a "Motion to Vacate the Judgment" as soon as possible after the default judgment. You file this motion with the district court clerk. See the Northwest Justice Project packet: "Motion to Vacate a Judgment/Order." You may wish to consult a lawyer for help with this motion.
A judgment in your favor does not necessarily mean that the money will be paid. THE COURT DOES NOT COLLECT THE MONEY FOR YOU. You will need to take additional steps if there is no appeal and the judgment is not paid within 30 days of the decision or according to the payment plan set by the court. The court will increase the amount of the judgment to cover the costs of certification and the filling fee for Superior court as outlined below.
First, you should ask the court to "certify" the judgment, using a form that is available from the district court clerk. Next, you may file papers to have the defendant's wages or bank account "garnished," which is where money is withheld and paid to you, or some of his or her property seized and sold to pay the debt (execution). You may need to hire a lawyer for assistance. If you are low-income, you may call the CLEAR hotline for assistance with the garnishment process. Your attorney's fees and the cost of certifying the judgment may be added to the Small Claims Court judgment. See RCW 6.17.110(2).
Alternatively, you may put a "lien" on your opponent's real estate. First, purchase a transcript of the certified judgment from the district court clerk for a small fee (about $5); then, for an additional small fee (about $15), file it in superior court. This puts a "lien" on your opponent's real estate located in the county of that superior court. File the certified judgment in as many counties as you think your opponent owns real estate. The lien makes a sale of the real estate more difficult, and remains on the property even after it is sold, but it does not guarantee payment of the judgment to you. A certified judgment is good for 10 years, so you may be able to collect later if you cannot now. The longer you wait, however, generally the harder it is to locate the debtor and collect the money. After the 10 years have passed, you may have the judgment renewed for one more 10-year period.
If your claim arose from a car accident, and your opponent was uninsured and hasn't paid you within 30 days of the judge's decision, you may have his or her driver's license suspended. Ask the court clerk to send a certified copy of the judgment and of the facts of the case to the Department of Licensing in Olympia.
Finally, you may consider going to a collection agency for help in collecting your judgment, but keep in mind that the agency will keep a percentage (usually 50%) of any money it collects for you. Similarly, debt collection lawyers will often charge a large fee for collecting your judgment. The fee will depend upon how large your judgment is and how easy it will be to collect from the losing side.
If you do not know what property or wages the losing side has, you may make your opponent come to court again and answer questions about the amount and location of his or her wages, bank account, personal property and real estate. Again, you will probably need the help of a lawyer for this.
Not all property and wages may be taken to enforce a judgment. If the losing side does not have many possessions or much money, he or she may file a "Claim of Exemption" to protect a certain minimum value of possessions, possibly including a house, furniture, car, clothes and some wages. The collection process and the limits placed on it by law, are explained more fully in the publication "Debtors' Rights in a Lawsuit."
When judgment is paid in full you must send a written notice to district court that the judgment has been satisfied. In some counties this can be done by signing in the appropriate place on the Small Claims Judgment form and then filing this with the court. Other counties have a specific form for this available from the small claims department, usually called a Satisfaction of Judgment form.
If you brought the claim or counterclaim and lost, you may appeal only if your claim or counterclaim was for $1,000 or more. If you lost on a claim or counterclaim brought by someone else, you may appeal if the plaintiff's claim or counterclaim was for $250 or more. If you appeal, the superior court will consider your appeal based on the record and evidence from the original small claims trial. RCW 12.36.055. No jury, attorneys, new pleadings, new testimony or new evidence will be allowed unless otherwise directed by the superior court.
If you wish to appeal, you must take the following steps within 30 DAYS of the judge's decision (RCW 12.36.020):
1. Prepare a written Notice of Appeal (the form should be available from the district court clerk) and file the original Notice of Appeal in the district court.
2. Serve the other side with a copy of the Notice and file in the district court an affidavit of service or certified or registered mail return receipt within 30 days.
3. Pay the district court a small fee for a transcript of the Small Claims Court judgment (usually about $40). RCW 3.62.060(7)
4. Post a bond at the district court. The bond is to be executed with two or more personal sureties, or a surety company (if court approves), for twice the amount of the judgment plus costs or twice the amount of your claim (whichever is more). RCW 12.36.020(2)This bond will be used to pay any judgment against you if you lose your appeal. (RCW 12.36.090)
Pay the superior court filing fee in cash, money order, or cashier's check payable to the clerk of the superior court (usually $110). You may be able to waive this filing fee if you are low-income. There may also be an additional appeal preparation processing fee. Within 14 days of filing the Notice of Appeal the district court clerk will file the transcript at the superior court, which will assign a new number to your case. RCW 12.36.050(1). Once the district court clerk tells you this is done, you need to contact the superior court for further instructions. If you do not want the small claims judgment to be enforced during your appeal you must ask the court to stop the collection. RCW 12.36.030. After you have fulfilled all of the requirements of filing the case and the case is properly in the superior court, you must make a motion in superior court asking that the court "stay" all further proceedings in the district court on the judgment. You should talk with a lawyer about how to make such a motion. If your opponent is appealing and schedules a motion to stay your collection of the debt, you are allowed to show up and contest a stay, but if you lose on the appeal, you may have to pay back what you collected.
This publication provides general information regarding your role as a plaintiff, defendant, or witness in Small Claims Court. It is not intended to explain particular areas of the law or to serve as a substitute for specific advice from a lawyer.
Although you do not have to be a legal expert to win in Small Claims Court, it certainly helps to know something about the law(s) affecting your case. Many areas of the law have been summarized in publications that may be obtained from either the Washington State Bar Association (206-727-8213), the Washington State Attorney General's Office (toll free 1-800-551-4636) or the legal services programs in Washington. These publications should help you better under-stand your rights and responsibilities. Examples of legal areas covered include landlord-tenant, bankruptcy, repossession, domestic violence and wills.
Legal publications covering a broad range of civil law topics are also available at www.washingtonlawhelp.org. If you are low-income, additional legal advice is available from the Coordinated Legal Education Advice and Referral(CLEAR) program by calling 1-888-201-1014.
If you think that you need a lawyer and your local legal services office cannot help you, you may be able to find a lawyer who will charge a reduced fee for your first appointment. Check the yellow pages of your telephone directory under "Attorneys." There may also be a listing for a referral program operated by your local bar association.
It has now been over two weeks since I moved out of your rental property located at 38 Sycamore, Elbe, WA 99302. I gave you written notice on May 10, 2000 that I would be moving out on May 31, 2000. I was out of the apartment by the end of the day, May 31. When I moved into your apartment I paid you a damage deposit of $500. According to the Residential Landlord Tenant Act, you must by law return my damage deposit in full or provide a written explanation as to why any of it is withheld within 14 days of my moving out. RCW 59.18.280. The statute also provides that your are liable for twice the amount of the deposit plus court costs and attorney fees for not complying with the above damage deposit requirements.
In our telephone conversation earlier today, you claim that you do not have to refund my deposit due to damage to the property. The damage you claim, however, is ordinary wear and tear, which you cannot hold against me under the RLTA. I have pictures of the apartment as it was when I moved out and a witness who will attest that the apartment was as clean when I moved out as it was when I moved in. I also have a copy of the checklist we both signed when I moved in; it shows that most of the conditions you complain about existed at the time I moved in.
Please send me a check or money order for $500 by July 1, 2000. If I do not receive my deposit refund by that date I will file a case against you in small claims court for the entire amount of money provided for in the Residential Landlord Tenant Act.
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