A GUIDE TO SMALL CLAIMS COURT

I. Disputes Appropriate for Small Claims Court

Who Can Bring A Claim
Any person can file a lawsuit in Small Claims Court if the amount claimed does not exceed $4,000. A corporation, partnership or association can also file a claim in the Small Claims Court if represented by a non-lawyer. You can use Small Claims Court only to bring your own claim, and not to bring a claim on behalf of another person.

Types of Claims
Certain types of claims are particularly appropriate to bring in Small Claims Court, such as:
1. Someone damaged your car in a traffic accident and has no insurance. (Generally injuries to a person caused in a traffic accident are not appropriate for Small Claims Court because the medical bills and damages from such an accident usually exceed $4,000. If your claim is for personal injuries caused in a traffic accident, you should consult an attorney.)
2. Someone owes you money but has failed to repay you.
3. Someone refuses to pay you wages for work you have done.
4. The laundry or cleaners lost or damaged your clothes and refuses to pay you for the clothes.
5. Your tenant has failed to pay you rent.
6. Someone has damaged your personal property.
7. Your landlord refuses to return your damage deposit after you move out.
8. Somebody sold you bad merchandise and refuses to refund your money.

Claims for Money Only
Small Claims Court only hears cases in which the claim is to recover money in an amount that does not exceed $4,000. Small Claims court is not able to issue any order requiring someone to do something or not do something, such as a restraining order or an injunction.

No Attorneys Allowed
Small Claims Court is intended to be a court without lawyers. Generally no attorney, legal paraprofessional or any person other than the person bringing the claim, the person against whom the claim is brought, and their witnesses, can participate in a trial in Small Claims Court. Exceptions can be made, however, if the judge agrees. An attorney or legal paraprofessional may not represent a corporation that is bringing a claim either. Instead a non-lawyer representative must bring the claim for the corporation.

II. Alternative Methods of Resolving the Dispute

The Parties' Efforts to Resolve the Dispute
Before you decide to file a lawsuit in Small Claims Court, you should try to resolve your dispute with the person or company you feel has harmed you. A telephone call or a registered letter may save you the trouble of going to court. In some situations, you may be able to resolve the matter by complaining to an agency such as the Better Business Bureau or the Washington State Attorney General's Office. Keep a record of your efforts to resolve the dispute and copies of any letters you send or receive.

Mediation
Mediation is a process by which a neutral person helps the parties resolve the dispute out of court. Both parties must agree to mediation and must agree on who will act as the mediator. A number of agencies in King County are willing to serve as private mediators. They can be found in the Yellow Pages under "Attorneys - Mediation." Some of these agencies will serve as mediators without costs, but others charge a fee. You may also contact Dispute Resolution through the District Court and obtain a mediator at no cost. If you think the parties would agree to mediation, you should contact one of these entities to determine the procedures and costs for mediating your dispute.

Deciding Not to Bring a Claim
In some instances, it may make sense simply not to file a claim. Some considerations that may affect your decision whether or not to pursue a claim in Small Claims Court include:

·  Does the person against whom you would bring the claim have enough money to pay you even if you got a judgment?

·  Is the amount you would claim so small that it is simply not worth the time and effort to pursue it?

·  Do you have the time and patience for the effort necessary to file, prepare and prosecute your claim?

·  Does the person against whom you would bring the claim have any possible claims against you?

·  Is the person against whom you would bring the claim a close relative, neighbor or friend?

·  Do you feel confident enough to prosecute your claim by yourself without an attorney?
You should carefully weigh each of these considerations before filing your claim.

III. Where and How to Bring Your Claim

Who to Bring the Claim Against
You must determine whether you are bringing a claim against a person or a corporation. A corporation will usually have the abbreviation "Co.", "Inc." or "Corp." after its name. A person who works for a corporation may have done something wrong to you, but you may want to bring a claim against the corporation, the person or both. Make sure you have the correct name and address of the person or corporation, and the correct street address where the person lives or the corporation is located. Giving an incorrect name and address may delay your case.

Which Court to File In
The claim must be filed at the district court in the district where the party against whom you are bringing the claim lives. If you are bringing a claim against a corporation, you can have the case heard in the district where the corporation is located. If the case concerns an auto accident, the claim must be filed in the district where the accident occurred. If you do not know in which district you should file your claim, you can call the Court Administrator's Office at 296-3594. They can tell you in which district a particular address is located.

Notice of Small Claim Form
To file a claim in the Small Claims Court, you must complete a "Notice of Small Claim" form. You may obtain the form only at the district court in which you file your claim. The form must be filled out at the district court and signed by you in the presence of the court clerk certifying under penalty of perjury that it is true and accurate. The information that you need to complete the notice is:

·  Your name, complete and correct address, and telephone number. The person filing the claim is called the Plaintiff.

·  The name and complete residence address and telephone number of the person or location of the corporation you are bringing the claim against. The person or corporation against whom the claim is brought is called the Defendant.

·  If the claim is for damage caused in a traffic accident you should also give the date of the accident and the location where the accident occurred.

·  On the claim portion of the form, you need to state the amount of the claim in dollars, which cannot exceed $4,000.

Fee for Filing the Claim
At the time you complete and file the Notice of Small Claim form in the Small Claims Court, you must pay a $21.00 filing fee. If you win, this fee, which is part of the costs to bring the claim, is added to the judgment so that you can recover it from the defendant. In counties other than King County, the filing fee may range from $10 to $25. Consult the court clerk for more information.

Notice of the Hearing
The district court clerk completes the trial date portion of the Notice of Small Claim form. That portion of the form directs the defendant to appear in person in the Small Claims Court at the assigned date and time. It also advises the defendant that if he or she fails to appear at the time of the trial, judgment may be entered for the full amount claimed plus costs. The clerk will then hand you two copies of the Notice of Small Claim form. The first is for your records to remind you and your witnesses of the trial date. The second copy is for the defendant.

IV. How to Notify the Defendant of the Claim

Serving the Defendant
You must notify the defendant of the claim and the trial date by having the defendant's copy of the Notice of Small Claim form delivered to him or her. You are not permitted to deliver these papers to the defendant yourself. There are four ways to notify the defendant:

·  Service by the Sheriff: The King County Sheriff's Office will deliver a copy of the Notice of Small Claim form to the defendant. To arrange for service by the Sheriff's Office call (206)296-3800. There is a charge for the Sheriff's Office to deliver the notice, but generally it costs $17.00 plus mileage (and they will only make one attempt). If you win, the cost for delivering the notice to the defendant will be added to the judgment.

·  Service by Professional Process Server: You can hire a process server to deliver the notice to the defendant. Again, the process server charges a fee for this service, but it is usually around $35-40. A list of professional process servers can be found in the Yellow Pages under "Process Servers." The cost to deliver the notice is a cost that you can recover as part of the judgment, if you win.

·  Other Personal Service: Another person 18 years of age or older, who is not involved in the case, may personally deliver the notice to the defendant for you. This person must deliver the notice at the address of the defendant and give it to someone who resides there who is over 12 years of age. Or it can be delivered at the defendant's place of business, but it must be handed to the defendant personally. If the defendant is a corporation, the notice must be delivered to the company president (or his or her secretary), or the manager (or his or her secretary).

·  Service by certified mail: You can also serve the defendant by sending the Notice of Small Claim form certified mail, return receipt requested. Remember that a person can refuse to accept registered or certified mail. If that is likely to happen, you should arrange to have someone personally serve the notice on the defendant, as described above.

Time for Notifying the Defendant
You must notify the defendant at least ten days before the date of the trial. Usually, the hearing date is three or four weeks after you file the claim form, so that you have plenty of time to notify the defendant. You should not wait until the last minute to serve the notice, but should do it as soon as possible.

Proof of Service
Before the trial date, you should file with the district court clerk proof that the defendant was served with the notice. If the Sheriff or a professional process server delivers the notice to the defendant, they will complete a certificate of service and send the original to court with you. You must file the certificate with the Small Claims Court before the trial. If another person served the defendant, the person delivering the notice must sign an affidavit of service before a notary public or complete a return of service form. The affidavit certificate must be filed with the court clerk. If the defendant was served by mail, the return receipt with the defendant's signature must be filed with the court clerk before the trial.

V. Responding to the Claim

If you receive a Notice of Small Claim form notifying you that a claim has been filed against you, you should respond to it.

If You Do Not Contest the Claim
If you do not wish to contest the plaintiff's claim, you may (1) make an out-of-court settlement with the plaintiff before the date of the trial, or (2) not show up at the trial. If you do not show up, however, the plaintiff will automatically be given a judgment by default for the amount he or she claimed, plus the filing fee and costs of serving the notice.

If You Contest the Claim
If you wish to contest the plaintiff's claim, you should prepare for trial as described below. You will need to collect all possible documents and evidence and arrange for your witnesses to attend the trial. No written pleading in response to the Notice of Small Claim is necessary. If you are under 18 years of age, a parent, guardian, or friend over 18 must represent you at the trial.

Counterclaim
If you have a claim against the plaintiff, you can arrange to have that problem settled at the same trial. This is called a Counterclaim. If you wish to make a counterclaim, you must file a Notice of Small Claim form with the court where the trial will be held and you must also notify the plaintiff, as described above. Note that if you file a counterclaim, you might not be able to appeal the decision.

VI. Settlement

Even after filing the case the parties may want to try to settle the dispute before trial. Sometimes, if the defendant is willing to pay you less than you asked for in the claim form, it may be worth settling to avoid the chance that you may lose in court. On the other hand, if the defendant offers you less than what you have sued for and you feel you will be able to explain to the judge why you are right and should get all that you have claimed, you may not want to accept the settlement offer.

Notifying the Court of a Settlement
If you settle your case and decide to drop your lawsuit before trial, you should call the clerk or come into the court on your trial date and explain to the judge that you have settled your case. If you fail to appear on your trial date, your case will be dismissed. This can be a problem if the defendant has agreed to pay you, but you have not received the money yet. If this is the case, you should appear in front of the judge on your trial date and tell him or her that you have agreed with the defendant to settle the case, but that you have not received your money. The judge will postpone your case for approximately two weeks to give the defendant the opportunity to pay.

Settlement in Writing
An out-of-court settlement should be put in writing, signed by the defendant and yourself and approved by the judge. This will provide a written record of the terms of the agreement. You can present your agreement to the judge the day your trial was scheduled, or file it with the court clerk for the judge to sign before your trial date.

VII. Hearing Before a Judge

Preparing Your Case or Your Defense
During any court day, the judge must hear and decide many cases just like yours. The judge will want to hear and decide your case quickly, so you should be well prepared. Your preparation should include:

·  The most important thing in preparing for your trial is getting together any papers or other documents that are important to your case, such as letters, your lease, receipts of payments, canceled checks, photographs, work orders, repair statements or other documents.

·  If you have witnesses testify for you, you need to make sure your witnesses come to court. You should write a letter to each witness and give them a copy of the Notice of Small Claims form that shows the date, time and place of the hearing.

·  You should write out all the important facts of your case to help you prepare and to make sure that during the hearing you do not forget anything. This will help you organize your thoughts so that you can present your case quickly and clearly to the judge.

·  You may also want to watch a Small Claims Court trial a few days before your trial date so that you get a sense of what the trial hearing is like.

Failure to Appear
On the date of the trial, if the plaintiff does not appear for the hearing, the case will be dismissed without prejudice. That means you can file it again. If the defendant fails to appear, the judge will ask the plaintiff to provide proof that the Notice of Claim form was properly delivered to the defendant. If there is proper proof of service, the judge will enter a judgment by default for the amount of the claim that you can prove, plus the filing fee and cost to serve the notice on the defendant. If the judge awards judgment by default, he or she cannot award more than what you claimed on the Notice of Small Claims form plus the costs.

Witnesses
Both the plaintiff and defendant have the right to offer evidence on their behalf by witnesses appearing at the hearing. A witness is someone who can help you explain to the judge why you are entitled to the money you are claiming. The witness must have personal knowledge of the facts that he or she is asked to testify about. You cannot force a witness to come to the trial and testify for you. They can testify for you only if they are willing to come to court voluntarily. You should make sure that the witnesses who are willing to testify for you know when and where the trial will be held.

The Hearing
The hearing is informal, but each court has its own procedures and you should ask the court clerk about those procedures. During the hearing, the judge may informally consult with any of the parties or witnesses or otherwise investigate the dispute. The sole object of the hearing is to dispense justice between the parties. At the hearing, you must convince the judge that you are right by showing him or her the facts which support your case. Each party will have a chance to explain his or her side of the story to the judge and present evidence and witnesses. The judge will ask questions and referee the proceedings.

Presentation of Evidence
When you arrive at the courtroom, tell the clerk who you are and that you are ready for the trial. When your name is called, walk up in front of the judge. The judge will swear in both of the parties and each of the witnesses. The judge will then ask you to explain why the person or company you have brought the claim against owes you money. Be brief and to the point. Tell the judge the important facts. If you have brought any papers with you that support your case, show them to the judge. If you have brought witnesses with you, ask the judge to allow them to testify for you. After you have told the judge why you should get the money you have claimed, the judge will then ask the defendant his or her side of the story. Throughout the hearing, you should be polite and not interrupt the other party or the judge when they are speaking. You should not get angry or mad or show a temper to the court.

The Judge's Decision
After the judge has heard the evidence presented by both parties, he or she will announce his or her decision, which is called the Judgment. If the plaintiff wins, the judge will decide how much money the defendant owes. If the defendant wins, the judge will dismiss the case without awarding any money to the plaintiff. If the defendant has brought a counterclaim the judge will either dismiss it or decide how much money the plaintiff owes to the defendant.

VIII. Appealing the Judgment

Who Can Appeal
Neither the defendant nor the plaintiff can appeal a judgment if the amount initially claimed by the plaintiff was less than $250. If the party who files a claim or counterclaim loses, he or she is not permitted to appeal if the amount claimed was less than $1000. Otherwise, if you lose and a judgment is awarded against you, you can appeal the judge's decision. To appeal, you must pay $110 for the superior court filing fee.

When to Appeal
If you wish to appeal, you must file your appeal within 30 days of the date the judgment was entered.

Where and How to Appeal
To file an appeal in the King County Superior Court, you must:

·  Complete a written Notice of Appeal

·  Serve a copy of your Notice of Appeal on the other party and file an affidavit or certificate of service with the district court clerk where your small claims case was originally heard.

·  File the original of the Notice of Appeal in the district court where your claim was heard.

·  Pay the district court clerk a $6.00 transcript fee to have the transcript of your hearing prepared. Once it is prepared, it will be sent to the superior court.

·  Post a bond of $100 (cash or surety) at the district court. To stay enforcement of the small claims judgment entered against you, you may have to file a supercedes bond of at least twice the amount of the judgment.

·  Deposit at the district court the $110.00 superior court filing fee in cash, money order, or cashier's check payable to the superior court clerk.

Hearing Your Appeal
Once you have filed an appeal, the superior court will notify you of the procedures and date for hearing your appeal.

The material above is intended to provide general information and helpful tips on how to file, prosecute, and defend a claim in the Small Claims Court of the King County district courts. It is not intended to be legal advice. If you have any questions, you should consult an attorney directly.

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