Small Claims Court
Who May Bring a Small Claims Action?
Any individual, business, partnership or corporation (with a few exceptions) may bring a small claims action only to recover money; a "natural person," meaning a human being, may file a claim up to $10,000; the limit is $5,000 in all other cases. In general, the claim must be filed in the district court of the county in which the defendant(s) reside.
How Much Does It Cost?
You must pay the court clerk a filing fee at the time the suit is filed. The filing fee is $50.
How Do I Get Started?
First, you need to prepare a Notice of Small Claim form that is provided by the district court clerk. The Notice requires: (1) your name and address; (2) a sworn statement briefly describing the claim, including the amount and when it occurred; and (3) the name and address of the defendant, if known. You must sign the Notice in the presence of the clerk, unless otherwise instructed by the court. The clerk will enter a hearing date, trial date or response date on the Notice form. The clerk may assist you with forms and general information about the process but is not allowed to give legal advice.
Serving the Notice
Once the Notice of Small Claim is filed with the clerk, it must be "served" or presented to the defendant by someone other than the person who filed the claim, either by personal service or through the mail. The Notice can be served in any of the ways listed in RCW 4.28.080, including giving a copy of the Notice to the defendant or leaving it at the defendant's usual residence with a person who is responsible enough to give it to the defendant.
At the first appearance, if both parties are present, you will go to mediation. Mediation is a free, confidential process for resolving conflict with help from a trained, neutral mediator. It is an opportunity for the parties who best know the origin and circumstances of their dispute to develop a realistic and mutually satisfactory solution to the problem without risking an outcome that may not be in their interest. The mediator will describe the process and you will be asked to sign an Agreement to Mediate. This agreement indicates you understand the process, but it does not indicate that you must or will settle the case in mediation.
Please bring any necessary documentation to the mediation session to help you explain your understanding of the case in dispute. The testimony of witnesses is not taken in mediation. Because of space and time limits, the mediation session is restricted to just the individuals named in the case with exceptions made for the additional presence of language interpreters and disability support.
What If We Settle Before the Hearing or Right Before Trial?
In most cases, neither party is one hundred percent right or wrong.
Preparing For The Trial
Whether you are the plaintiff or the defendant, you can help yourself by being well prepared. To prepare for the trial, collect all papers, photographs, receipts, estimates, canceled checks or other documents that concern the case. It may be helpful to write down ahead of time the facts of the case in the order that they occurred. This will help you to organize your thoughts and make a clear presentation of your story to the judge.
What Happens At The Trial?
When you arrive at the court, report to the courtroom in which your case has been assigned. Do not be late. When your case is called, come forward to the counsel table and the judge will swear in all the parties and witnesses. If a witness is not able to attend the trial, he or she may instead submit a signed affidavit with his/her testimony.
Some courts suggest or require that you mediate your claims in an attempt to settle. If you do enter into a mediation agreement, it may be a good idea to request a "Judgment" from the court. Sample Judgment forms for small claims court are available on the State Courts website (www.courts.wa.gov).
Don’t be nervous—remember that a trial in small claims court is informal. The judge will ask the plaintiff to give his or her side first, and then will ask the defendant for his or her explanation. Be brief and stick to the facts. The judge may interrupt you with questions, which you should answer honestly and to the best of your knowledge.
What if a party doesn't appear at the hearing?
If the defendant fails to appear for trial, the plaintiff will be granted judgment for the amount of the claim proven in court, plus costs provided that the plaintiff can show proof of service.
How Do I Collect My Money?
Once the judgment is issued, the clerk will enter it into the civil docket of the court and will provide a certified copy of the judgment to the prevailing party for no additional cost. A money judgment in your favor does not necessarily mean that the money will be paid. The Small Claims Court does not collect the judgment for you. If the debtor does not pay right away, the court may order a payment plan. If the losing party fails to pay, the judgment shall be increased by amounts intended to cover the cost of enforcing the judgment.
What Happens If You Lose?
Either party may appeal a judgment when the judge has decided against them. However, no appeal is permitted if the amount originally claimed was less than $250. Also, if a party who brought a claim or counterclaim wants to appeal a judgment, the amount originally claimed must have exceeded $1,000. If a party loses a default judgment, an appeal may be taken under the district court rules for setting aside default judgments. A party who appeals a judgment is required to follow the procedures set out in chapter 12.36 RCW. The party who wants to appeal must take the following steps within 30 days of the entry of judgment: 1. File a written Notice of Appeal with the district court. 2. Serve a copy of that Notice on the other parties. 3. Pay the district court a $20 transcript fee. 4. Deposit at the district court the $230 superior court filing fee either in cash, money order or cashier's check payable to the Clerk of the Superior Court, and pay a $40 appeal preparation processing fee to the district court. 5. Post a cash or surety bond in a sum equal to twice the amount of the judgment and costs or twice the amount in controversy, whichever is greater, at the district court. When the appeal and bond are transferred to superior court, the appellant (person appealing the decision) may request that the superior court suspend enforcement of the judgment in the district court until after the appeal is heard. Within 14 days of filing the Notice of Appeal, the district court clerk will transmit the court record to the superior court clerk. All further proceedings will be in the superior court.