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If you are now using, or plan to use, the Franklin County
District Court Small Claims Division, we hope this web page
will be of help in guiding you through the process. We have
tried to answer and anticipate your most frequently asked
questions. If you have any additional questions, don't hesitate
to ask a staff member.
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WHO
CAN BE SUED? |
| Any
individual, business, partnership, or corporation (with
a couple of exceptions) may bring a small claims suit
for the recovery of money only for an amount up to $5,000.
In general, the claim must be filed in the county of
the defendant's residence. Exceptions and specific rules
can be found at RCW 3.66.040. The state of Washington
may not be sued in Small Claims Court. Attorneys and
paralegals are excluded from appearing or participating
with the plaintiff or defendant in a small claims suit
unless the judge grants permission. |
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HOW
MUCH DOES IT COST? |
| There
is a $39.00 filing fee paid by the plaintiff to the
court clerk at the time the suit is filed. In addition,
you may have some additional fees payable to the Sheriff
or process server to have the Notice of Small Claim
served on the defendant. As an alternative, you may
commence the suit by registered or certified, return-receipt
mailing. If you win your case, you are entitled to recover
your costs of filing and service fees. |
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HOW
DO I GET STARTED? |
| First
you will prepare a Notice of Small Claim form that is
provided by the clerk. You are required to sign the
Notice in the presence of the clerk, unless otherwise
instructed by the court. On the Notice form a hearing
date will be entered by the clerk. It is the plaintiff's
responsibility to accurately identify the defendant,
provide a proper address, and, if possible, provide
a phone number. |
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HOW
DOES THE NOTICE GET SERVED? |
The clerk will assist you with forms and general information
about the process. The clerk is not allowed to give legal
advice or attempt to predict how the judge might rule in a
given situation. Service of the claim form can be accomplished
by any of the following:
| 1. The Sheriff's
Office |
| 2. A process server
|
| 3. Any person
of legal age [18], who is not connected with the case
either as a witness or as a party |
| 4. By mailing
the copies to the defendant by registered or certified
mail with a return receipt requested. |
The Notice of Small Claim must be served on the defendant
not less than ten (10) days before the hearing. If you are
having the sheriff's office serve the Notice, it is recommended
that you take the paperwork to their office immediately to
allow sufficient time to perform service in a timely manner.
A return of service, or mail return-receipt bearing the defendant's
signature, must be filed at or before the time of the first
hearing. You cannot personally serve the claim. See RCW Chapters
4.28 and 12.40, and CRLJ 5 for more detailed information.
|
WHAT
IF WE SETTLE? |
| In
most cases, neither party is one hundred percent right
or wrong. You are encouraged to try to settle your case
before trial. If you settle the dispute before the hearing,
you must inform the court so the hearing can be canceled
and your case dismissed. If the other party agrees to
pay at a later date, you may ask the court for a continuance.
If the other party pays before the postponed date, ask
the court to cancel the hearing. If you do not receive
your money by the time of the continued hearing, proceed
with the case in court. If you drop the suit, your filing
fee and service costs are not returned. |
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HOW
DO I PREPARE FOR THE TRIAL? |
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 to make a clear presentation of your story to the
judge.
Remember that judges are under pressure to process cases
quickly, and you can help yourself by being well prepared.
It is also a good idea to sit through a small claim
court session before the date of your hearing. This
will give you firsthand information about the way small
claims cases are heard. |
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WHAT
HAPPENS AT THE TRIAL? |
When
you arrive at the court, check the calendars outside
each courtroom. If you don't find your case, ask a bailiff
or clerk for assistance. When your case is called, come
forward to the counsel table and the judge will swear
in all the parties and witnesses.
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, 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 straight out and to the best of your
knowledge.
Be polite and don't interrupt - not just to the judge,
but also to the other party. Whatever happens, keep
your temper. Good manners and even tempers help the
fair, efficient conduct of the trial, and make a good
impression. After both sides have been heard, the judge
will normally announce the decision right then and will
sign and hand the parties a judgment. |
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WHAT
HAPPENS IF MY OPPONENT DOES NOT APPEAR FOR THE TRIAL? |
| 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 the plaintiff
can show proof of service. If the plaintiff fails to
appear, the claim is dismissed. However, generally the
court will permit the plaintiff to start over, if good
cause for the nonappearance is shown. |
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HOW
DO I COLLECT MY MONEY? |
|
A money
judgment in your favor doesn't necessarily mean that
the money will be paid. The Small Claims Court does
not collect the judgment for you. If no appeal is taken
and the judgment is not paid within 30 days or the time
set by the court in the payment plan, you may request
(in writing), and upon payment of a $20 fee, that a
transcript of the judgment be entered into the civil
docket of the District Court. At that time, you may
proceed with a method of collection such as garnishment
of wages, bank accounts, and other monies of the defendant,
or an execution may be issued on cars, boats, or other
personal property of the judgment debtor.
Remember, the clerks cannot give you legal advice. You
may need the assistance of an attorney or collection
agency at this point. The judgment debtor's real property
is not subject to collection efforts unless the small
claims judgment is transcribed to the Superior Court.
If you choose to transcribe your judgment to the Superior
Court, you will need to submit to the District Court
clerk a fee of $20 and a written request for a transcript
of the judgment. After receiving the transcript, you
will then need to file the transcript in the Superior
Court, which will require payment of an additional fee.
Once your judgment is filed in the Superior Court, you
cannot also attempt to collect through District Court
enforcement proceedings.
When the judgment is paid in full you must send written
notice to the District Court that the judgment has been
satisfied and paid, or to the Superior Court if the
judgment has been transcribed. |
|
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CAN
YOU APPEAL A CASE IF YOU LOSE? |
The party who files a claim or counterclaim cannot appeal
unless the amount claimed exceeds $1000. No party may appeal
a judgment where the amount claimed is less than $250. If
an appeal is taken to the Superior Court, the appealing party
is required to follow the procedures set out in Revised Code
of Washington (RCW) 12.36. The following steps must be taken
within 30 days of the entry of the judgment:
| 1. Prepare a written
Notice of Appeal and file it with the District Court.
|
| 2. Serve a copy
of that Notice on the other parties, and file an Acknowledgment
or Affidavit of Service in District Court. |
| 3. Pay to the
District Court a $40 appeal preparation fee. |
| 4. Deposit at
the District Court the $200 Superior Court filing fee
either in cash, money order, or cashier's check payable
to the Clerk of the Superior Court. There may be additional
fees that you will need to pay as set forth by local
court rule. |
| 5. You are also
required to post a bond in the sum equal to twice the
amount of the judgment and costs, or twice the amount
in controversy, whichever is greater, (cash or surety)
at the District Court. |
When the appeal and bond are transferred to Superior Court,
the appellant (person appealing the decision) may request
the Superior Court suspend enforcement of the judgment 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 who will assign a new number and notify the District
Court. The District Court clerk will advise the appellant
of that number, and the appellant must then contact Franklin
County Superior Court for further instructions.
Once the judgment has been appealed to the Superior Court,
then enforcement of any judgment entered in the case will
be handled in Superior Court in the same manner as any other
Superior Court judgment.
Disclaimer
This information is intended to be a general statement of
small claims procedure. For more detailed information, please
consult applicable provisions of the Revised Code of Washington
(RCW) Chapters 3.66, 4.28, 12.40, and applicable provisions
in the Civil Rules for Courts of Limited Jurisdiction, Rule
5 (CRLJ 5). RCWs and court rules can be found at libraries
and the following websites: www.leg.wa.gov
(for RCWs) and www.courts.wa.gov
(for court rules). |
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