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The Small Claims Section of the Salt Lake City Justice Court
INTRODUCTION
The Small Claims division of the Salt Lake City Justice Court is designated to settle monetary legal issues and problems arising from contractual, service disputes and other claims. The maximum amount you may sue for in a small claims action is $7500. Small Claims court is less formal and you do not need an attorney to represent you. The filing fees are ($45.00 for claims $2000 or less, $70.00 for claims over $2000) at the time you file the affidavit. A small claims court allows an individual or business to be compensated by a party who has not performed according to an agreement or who had committed some wrongdoing. Small Claims cases are governed by Utah Code title 78, chapter 6. The rules for Small Claims can be found in the Utah Court Rules annotated, Utah Rules of Small Claims Procedure.
COURT LOCATION AND HOURS
Salt Lake City Justice Court
333 South 200 East
Salt Lake City UT 84111-2801
Ph.: 801-535-6301
Fax: 801-535-6302
Open Monday through Friday from 8:00 am to 5:00 pm
*Small Claims Evening Court: Wednesdays and Thursdays starting at 5:30pm
How-To: File and Prepare for Court
1. Determine where to file. Before you can bring
a suit in Small Claims Court,
it must be determined that the court has jurisdiction over your type of
legal problem, and that it has jurisdiction over the party you are suing.
A case must be filed where the defendant resides or the claim arose. Salt
Lake City Justice Court has jurisdiction over the Salt Lake City
Boundary only. To view the Salt Lake City Boundary Map, refer to the following
website:
http://www.slcgov.com/publicservices/engineering/imaps.htm
and select or click “general city information”. You can zoom in by clicking on the magnifying
glass with the "+" sign, then click and drag the area you want
to zoom.
Viewing Requirements: In order to use the map you should be
browsing with Internet Explorer 5.0 or greater, Netscape 6 or
greater, or Firefox 1.0 or greater. No plug-ins are required to use
these maps.
2. It is suggested that you observe a session in the Small Claims Court before your trial date. By doing so, you will be more at ease at your trial and will present a more relaxed and calm evaluation of your case. You will also become more familiar with the procedures of the Court. Small Claims Court is held every Wednesday and Thursday evenings at the Salt Lake City Justice Court, located at 333 South 200 East, starting at 5:30pm.
3. Compile pertinent information that applies to your case. This information may include canceled checks, purchase orders, written contracts and other evidence. Organize your information or items in chronological order and be sure to check the dates carefully. Accuracy will be a crucial factor in determining the outcome of the case. You should also be prepared to prove to the court how much money you will need to fix the problem. Your own estimate of the cost is usually not sufficient. It is strongly suggested that you file copies of written contracts, evidence, checks, or items that are pertinent to the case with the court at the time of filing or anytime before your trial date. The Small Claims Judge will usually review the file before going into to court to preside over your case.
4. Have a disinterested party. If your claim deals with the adequacy of a service, or workmanship, or some other issue where the opinion of a disinterested party who is knowledgeable about the subject may be available, he/she should appear in person at the trial on your behalf.
5. Tell your story. When you get to court and it is your turn to speak, simply state what your claim is. The plaintiff (the person who filed the claim) will tell his/her side of the story to the judge and present any witnesses or documents to support the claim. The defendant (the person who the claim is filed against) will do the same.
How-To: File a Small Claims Affidavit
Instructions to the Plaintiff
1: FILING SUIT. Obtain a Small Claims Affidavit and Order, Small Claims Cover Sheet, Small Claims Military Service Affidavit from the Salt Lake City Justice Court, or refer to our forms section of this website. You are the "plaintiff" in this case and the person you are suing is the "defendant." The maximum amount that you may sue for is $7,500. Claims must be for money only. The Small Claims Court cannot be used to sue for possession of property or to evict a tenant. The debt must be owed to you. An employee may represent an employer, by supplying a letter of authorization from the business and file it with the court. Persons or corporations may litigate actions on behalf of themselves in person or through authorized employees with or without counsel according to Utah Code 78-1(5), but you may not bring an action on behalf of anyone else. The Small Claims Court has jurisdiction over cases in which the defendant resides or the debt arises within the geographic boundaries of Salt Lake City. To view the Salt Lake City Boundary go to the following website: http://www.slcgov.com/info/gis/imap.htm (click on interactive mapping then click on “general city information” and then click on “city boundary” and “refresh map”). You can zoom in by clicking on the magnifying glass with the "+" sign. The amount of debt is required and what you are sueing for, and the defendant's name, street address and telephone number. The defendant's social security number will be helpful. If you are suing a business, call the Utah Department of Commerce/Division of Corporations (801-530-4849) located at 160 E 300 S or go to their website at http://www.utah.gov/serv/bes, to obtain the business' proper name and the name of its registered agent. The registered agent must be served for the business according to Rule 16-7-15(2)(d)(i) of the Utah Code.
You must prepare the Affidavit, sign it in the presence of a notary public or court clerk, have your signature notarized, and file it with the court clerk. The Affidavit should be typewritten, but will be accepted if legibly handwritten. When you file the Affidavit with the court, you must pay a filing fee ($45.00 for claims $2,000 or less, $70.00 for claims over $2,000) at the time you file the Affidavit. It is your responsibility to give the Affidavit to the Sheriff's department, Constable, other process server, or proof of service, for service on the defendant at least thirty days before the trial date.
2: TRIAL. The clerk will set a trial date and give you a copy of the Affidavit with the trial date on it. If you fail to appear at trial, your case will be dismissed. Contact your process server a few days before trial to make sure the Affidavit has been served and proof of the service has been filed with the court clerk. If your papers have not been served or have not been filed with the court, your trial date will be postponed until proof of service has been filed with the court.
4. MILITARY SERVICE DECLARATION. This form must be filled out if you are suing an individual, to support a default judgment (if the defendant does not appear at trial), in compliance with the Servicemembers Civil Relief Act, Title II, 521. You must prove that the individual is not in the military in order to get a get a default judgment, if the individual does not appear at the trial. This does not not apply if you are suing a business. If you have the defendant's social security number or date of birth (birth month and year) you can do your research at the following website: http://www.defenselink.mil/faq/pis/PC09SLDR.html This website will provide you with the current military status of an individual. There is no charge to print the certificate. You must print the certificate and attach it to the Military Service Affidavit, before filing it with the court. You must also mail a copy to the defendant (individual), as it states on the form. This form is available in our forms section of this site.
3: COUNTER AFFIDAVIT. If defendant files a Counter Affidavit against you, trial may be rescheduled. If you fail to appear at trial after a Counter Affidavit has been filed, judgment may be entered against you for the amount requested in the Counter Affidavit.
4: If your case gets settled before the trial date, plaintiff must file a Motion to dismiss with the court. The court has the form available or you can find it in the forms section of this website.
How to: Respond to a Small Claims Affidavit
Instructions to the Defendant
1: TRIAL. You have had a lawsuit filed against you. If you wish to contest the plaintiff's claim, you must appear at trial on the appointed day. If you fail to appear at trial, judgment may be entered against you for the amount requested.
2: PAYMENT. If you do not dispute the claim, make arrangements with the plaintiff to pay the claim and the court costs. If the plaintiff obtains judgment and pursues collection through the court, additional court costs may be charged to you.
3: COUNTER AFFIDAVIT. If the plaintiff owes you money, you may file a Counter Affidavit on a form provided by the clerk. You must file the Counter Affidavit, pay the proper fee ($35 for claims $2,000 or less, $50 for claims over $2,000) and mail it to plaintiff, no later than 15 working days prior to the trial date. If you intend to file a Counter Affidavit, many of the "Instructions to the Plaintiff" will apply to you. Please read them.
Additional Instructions to Both Parties
1: ATTORNEYS. Small Claims cases are informal. Parties are encouraged to represent themselves. However, you may hire an attorney if you wish, but is not necessary.
2: SETTLEMENT. If the claim is settled prior to the trial date, a Small Claims Motion to Dismiss form must be submitted to the court, before the trial date. The court has the form available.
3: EVIDENCE AND WITNESSES. It is extremely important that you bring with you to trial all witnesses and papers necessary to prove your claim or defense. If you fail to do this, the case may be decided against you. The Utah Rules of Evidence will generally be followed because they are designed to foster accurate fact finding. While the Rules serve as appropriate guidelines in Small Claims trials, judges are free to depart from their strict application when justice dictates. Evidence must be offered through the statements of live witnesses at trial, except that written statements such as repair bids, appraisals, repair bills and medical bills may be used instead of live testimony to establish the amount of a claim. If you intend to rely on such written statements, you should bring them with you. Be sure that the statements are itemized, signed and submitted on the preparer's original letterhead. If your case involves a damages item, you must give the other party a chance to inspect the damage prior to trial. You must have damaged items available for inspection by the other party prior to trial.
If you need the testimony of a witness who will not attend trial voluntarily, you should ask the court, no later than 10 days before the trial date, to issue a Subpoena requiring that person to attend. It is your responsibility to have the Subpoena served and to pay the witness fee and service fee.
4: JUDGMENT. If judgment is granted, the winning party has the right to enforce the judgment. The losing party may be required to testify regarding assets and income. A lien can be placed on the losing party's property, and non-exempt wages, bank accounts, stocks and other assets can be seized and sold by the sheriff or constable. A judgment can accrue interest and the prevailing party may be entitled to recover court costs accruing after judgment. A judgment must be collected or renewed within 8 years of the date it is granted or it expires.
5: APPEAL. Either party may appeal a Small Claims judgment within 30 days after the dismissal or judgment. A Notice of Appeal must be filed with the court and the appropriate fee paid.
In compliance with Americans with disabilities act (ADA), individuals requiring special accommodations should call the Salt Lake City Justice Court at (801) 535-6300 three working days prior to the proceeding. For (TDD) hearing disability information, call (801) 535-6021.
HOW TO COLLECT A SMALL CLAIMS JUDGMENT
These Instructions are written as though the plaintiff was granted judgment against the defendant. They also apply to a defendant who was granted judgment against the plaintiff on a Counter Affidavit. There are generally fees associated with each of the procedures described below. Keep track of the fees you pay.
If the defendant fails to pay the judgment after receiving notice, you should first consider contacting the defendant to find out why it has not been paid. You should remind the defendant that additional court procedures will add costs to the judgment. If you are unable to work out satisfactory arrangements for payment, the following collection procedures are available through the court:
1. SUPPLEMENTAL ORDER: To find out the defendant's income and assets. After judgment, you may have the defendant ordered into court to answer questions about the defendant's property, income and assets. Begin this procedure by obtaining a Supplemental Order form from the clerk, completing it, and returning it to the clerk to be issued. The clerk will set a date for the defendant's appearance. The defendant must be served with the Supplemental Order by a Sheriff or Constable, at least 5 business days in advance. You are responsible for the costs. You must also appear on the designated date to handle the questioning. You may ask the defendant about employment, assets and other funds owned. You may ask names, addresses and telephone numbers of those who owe the defendant money. You should take detailed notes, so that you may later use the information. When you have information about the defendant's income and assets, you may proceed with the following additional actions.
2. ABSTRACT OF JUDGMENT: To put a lien on the defendant's real estate. If the defendant owns any real estate in Utah, you can place a lien on it by filing an Abstract of Judgment. Begin this procedure by obtaining an Abstract of Judgment form from the clerk no sooner than 10 business days after judgment is granted. Complete the form and have it issued by the clerk. Then file the form in the District Court in the county where the defendant's real estate is located. There will be a filing fee. From the time it is filed, the Abstract of Judgment constitutes a lien on all real estate in the county listed in the defendant's name. To establish the lien’s priority, a separate information statement with certain information about the defendant must be filed with the district court. A form for providing this information is available from the District Court. The defendant will usually be unaware of the lien until the defendant tries to sell or borrow against the property, or until a title search is performed. The lien remains against the property until the judgment is paid or expires. The defendant will usually not be able to transfer the property until resolving the lien.
3. EXECUTION: To seize the defendant's property and sell it at public auction. Once you have identified real estate or personal property owned by the defendant, you may have the sheriff or constable seize it and sell it. The defendant may be entitled to claim that certain property is exempt from execution. The full list of exempt property is found in http://le.utah.gov/~code/TITLE78B/htm/78B05_050500.htm All seized property is subject to prior liens in favor of other persons, if any. The proceeds from a sale of the property shall be used first to satisfy the costs of sale and then to satisfy your judgment. The balance, if any, must be returned to the defendant. Begin this procedure by obtaining a Writ of Execution form from the clerk, completing it and having the clerk issue an original and one copy. There will be a filing fee. You should then take to the sheriff or constable, (1) the issued original and copy, (2) a “request for hearing” packet (provided by the Court Clerk), and (3) a typewritten list of the property to be seized (including description and location). The sheriff or constable will serve these documents and then contact you to make arrangements for a sale date. You will be responsible for the sheriff or constable's fees.
4. GARNISHMENT: To intercept money owed to the defendant by someone else. You may garnish defendant's wages, bank accounts, or debts owed to the defendant. State and federal exemptions on wage garnishments will limit your recovery to about 25% of the wages due the defendant when the Writ of Garnishment is served. Begin this procedure by obtaining a packet of garnishment forms from the clerk, completing the required information and returning them to the clerk to be issued. You should then give the entire packet to the sheriff or constable for service. The packet will include a list of questions for the person holding the defendant’s money (e.g., the defendant’s employer, the defendant’s bank), who is called the “garnishee.” You will be required to pay a filing fee, as well as a fee to the garnishee. The garnishee should answer within 5 business days. Ten business days after you receive the answers, if defendant has not claimed an exemption, ask the court clerk for a Garnishee Order to obtain defendant's money.
OTHER INFORMATION REGARDING SMALL CLAIMS JUDGMENTS
1. DEFAULT JUDGMENTS/DISMISSALS. If you did not appear for trial and judgment was entered against you, you may ask that the judgment be “set aside.” The court must receive the Motion to set aside and order within 15 days after the dismissal or judgment. The form is available from the clerks office.
2. SATISFACTION OF JUDGMENT. If and when the judgment is paid, you must obtain and file a Satisfaction of Judgment form with the clerk. A Satisfaction of Judgment must also be filed in each county in which an Abstract of Judgment was filed. There is no cost for the Satisfaction of Judgment.
3. DURATION OF JUDGMENT. A Small Claims judgment must be collected within 8 years of the date it was granted. It may be renewed by filing a new affidavit before the original judgment expires.
4. APPEAL. Either party may appeal a Small Claims judgment within 30 days after the dismissal or judgment. A Notice of Appeal must be filed with the court and the appropriate fees paid.
In compliance with Americans with disabilities act (ADA), individuals requiring special accommodations should call the Salt Lake City Justice Court at (801) 535-6300 three working days prior to the proceeding. For (TDD) hearing disability information, call (801) 535-6021.
| Affidavit $2000 - $7500 | $70.00 |
| Affidavit under $2000 | $45.00 |
| Counter Affidavit $2000- $7500 | $50.00 |
| Counter Affidavit under $2000 | $35.00 |
| Interpleader $2000 - $5000 | $70.00 |
| Interpleader under $2000 | $45.00 |
| Writ of Execution | $35.00 |
| Writ of Garnishment | $35.00 |
| Notice of Appeal | $10.00 |
Who Uses the Court and When?
Any individual or business may use a small claims court if the problem can
be settled for $7,500 or less and if the court has jurisdiction over the
matter. Examples of cases which are appropriate for filing in the small
claims court include
-
A tenant sues a landlord for not returning his/her rent deposit when the premises were left in the condition agreed upon in the original contract.
-
A retail merchant sues a customer for failing to pay for a purchased and used item.
-
A customer sues a dry cleaner for refusing to replace an expensive garment ruined as a result of poor procedures.
-
One driver of an automobile sues another driver for damage done to his or her car not covered by automobile insurance.
All these cases represent problems that need to be resolved, but may not be significant enough to retain an attorney or to bear the expense of a full-fledged court case. The Small Claims Court offers a place for persons with such grievances to solve their own problems.
How do I know my case is scheduled?
If you have given your affidavit & summons to a constable, sheriff or process server, they usually turn into the court what's called a "return of service". Once the court receives the "return of service", the clerk will schedule your case for the date written on the affidavit & summons. If the constable, sheriff, or process server mailed you the "return of service", you will need to file it with the court, so your case can be scheduled. If your case is scheduled, it will also appear on our "on-line" court calendar for the Salt Lake City Justice Court. On the menu bar, click on "on-line", then click on "Justice Court Calendar", a current month calendar will appear, from there you will select the court date and the case will be found under the plaintiff's name, and under "event", it will start out with "Small Claims....". If your case is not found on there, then it is possible your affidavit and summons did not get served, and you will need to contact the constable, sheriff or process server that is serving your papers. If you are serving the papers by mail, you need to turn in your "Proof of service" form, a copy of the affidavit and summons, and the domestic return receipt, into the court, so that the clerk can schedule your case. It is your responsibility to make sure that your affidavit & summons gets served and that the "return of service" or "proof of service" is filed with the court, so your case can be scheduled.
Do I Need an Attorney?
No. Small Claims is informal. You do not need to retain a lawyer to sue in
Small Claims Court. However, if you feel that you need an attorney you
may do so.
How Much Does it Cost to Sue?
The cost of filing a suit in Small Claims Court consists of a filing fee,
($45.00 for cases under $2,000, and $70.00 for cases between $2,000 and
$7,500) and cost of service if served by a constable or sheriff ($15.00
service fee plus $1.50 a mile). Other fees will apply once judgment
is rendered, depending upon how you want to collect. Please refer to
our filing fees.
How Much Can I Recover in Damages?
You can sue for up to $7,500.
What is the Interest Rate for Judgments?
The interest rate is the same as the rate for civil suits. The current
(2008) interest rate is 5.42% per annum. The rate varies by year.
How do I get a copy of a Judgment?
All parties will receive a copy of the judgment following the close of the
case at court. If you have lost your copy or would like to look up a
judgment for someone other than yourself, go to the Salt Lake City Justice
Court in which the case was filed. You can also obtain your copy, by
mail, just call 535-6300.
What are the Statute of Limitations for filing a Small
Claims Case?
The time limits, or statute of limitations for filing a small claims case
vary depending on the type of case. Refer to
http://le.utah.gov/~code/TITLE78B/htm/78B02_030700.htm for general rules concerning
statutes of limitations.
Rules of Small Claims Procedure from the Utah Court Rules Annotated
Rule
1. General provisions.
(a)
These rules constitute the simplified rules of procedure and evidence in
small claims cases required by Utah Code Section 78-6-1 and shall be
referred to as the Rules of Small Claims Procedure. They are to be
interpreted to carry out the statutory purpose of small claims cases,
dispensing speedy justice between the parties.
(b)
These rules apply to the initial trial and any appeal under Rule 12 of all
actions pursued as a small claims action under Utah Code Section 78-6-1 et
seq.
(c)
If the Supreme Court has approved a form for use in small claims actions,
parties must file documents substantially similar in form to the approved
form.
(d)
By presenting a document, a party is certifying that to the best of the
party’s knowledge it is not being presented for an improper purpose and
the legal and factual contentions are made in good faith. If the court
determines that this certification has been violated, the court may impose
an appropriate sanction upon the attorney or party.
(a)
A case is begun by plaintiff filing with the clerk of the court either:
(a)(1)
an affidavit stating facts showing the right to recover money from
defendant; or
(a)(2)
an interpleader affidavit showing that plaintiff is holding money claimed
by two or more defendants.
(b)
The affidavit qualifies as a complaint under Utah Code Section 78-12a-2
and Section 78-27-25.
(c)
Unless waived upon filing a motion and order for waiver of court fees, the appropriate
filing fee must accompany the small claims affidavit.
(d) In an interpleader action, plaintiff must pay the money into the court at the time of filing the affidavit or acknowledge that it will pay the money to whomever the court directs.
(e)
Upon filing the affidavit, the clerk of the court shall schedule the trial
and issue the summons for the defendant to appear.
(a)
After filing the affidavit and receiving a trial date, plaintiff must
serve the affidavit and summons on defendant. To serve the affidavit,
plaintiff must either:
(a)(1)
have the affidavit served on defendant by a sheriff’s department,
constable, or person regularly engaged in the business of serving process
and pay for that service; or
(a)(2)
have the affidavit delivered to defendant by a method of mail or
commercial courier service that requires defendant to sign a receipt and
provides for return of that receipt to
plaintiff.
(b)
The affidavit must be served at least 30 calendar days before the trial
date. Service by mail or commercial courier service is complete on the
date the receipt is signed by defendant.
(c)
Proof of service of the affidavit must be filed with the court no later
than 10 business days after service. If service is by mail or commercial
courier service, plaintiff must file a proof of service. If service is by
a sheriff, constable, or person regularly engaged in the business of
serving process, proof of service must be filed by the person completing
the service.
(d)
Each party shall serve on all other parties a copy of all documents filed
with the court other than the counter affidavit. Each party shall serve on
all other parties all documents as ordered by the court. Service of all
papers other than the affidavit and counter affidavit may be by first
class mail to the other party’s last known address. The party mailing
the papers shall file proof of mailing with the court no later than 10
business days after service. If the papers are returned to the party
serving them as undeliverable, the party shall file the returned envelope
with the court.
(a)
Defendant may file with the clerk of the court a counter affidavit stating
facts showing the right to recover money from plaintiff.
(b)
Unless waived upon filing a motion and order for waiver of court fees, the appropriate
filing fee must accompany the counter affidavit.
(c)
Any counter affidavit must be filed at least 15 calendar days before the
trial. The clerk of the court will mail a copy of the counter affidavit to
plaintiff at the address provided by plaintiff on the affidavit.
(d)
A counter affidavit for more than the monetary limit for small claims
actions may not be filed under these rules.
No
answer is required to an Affidavit or Counter Affidavit. All allegations
are deemed denied.
(a)
No discovery may be conducted but the parties are urged to exchange
information prior to the trial.
(b)
Written motions and responses may be filed prior to trial. Motions may be
made orally or in writing at the beginning of the trial. No motions will
be heard prior to trial.
(c)
One postponement of the trial date per side may be granted by the clerk of
the court. To request a postponement, a party must file a motion for
postponement with the court at least 5 business days before trial.
The clerk will give notice to the other party. A postponement for more
than 45 calendar days may be granted only by the judge. The court may
require the party requesting the postponement to pay the costs incurred by
the other party.
(a)
All parties must bring to the trial all documents related to the
controversy regardless of whose position they support.
(b)
Parties may have witnesses testify at trial and bring documents. To
require attendance by a witness who will not attend voluntarily, a party
must subpoena the witness. The clerk of the court or a party’s attorney
may issue a subpoena pursuant to Utah Rule of Civil Procedure 45. The
party requesting the subpoena is responsible for service of the subpoena
and payment of any fees. A subpoena must be served at least 5 business
days prior to trial.
(c)
The judge will conduct the trial and question the witnesses. The trial
will be conducted in such a way as to give all parties a reasonable
opportunity to present their positions. The judge may allow parties or
their counsel to question witnesses.
(d)
The judge may receive the type of evidence commonly relied upon by
reasonably prudent persons in the conduct of their business affairs. The
rules of evidence shall not be applied strictly. The judge may allow
hearsay that is probative, trustworthy and credible. Irrelevant or unduly
repetitious evidence shall be excluded.
(e)
After trial, the judge shall decide the case and direct the entry of
judgment. No written findings are required.
The clerk of the court will serve all parties present with a copy
of the judgment.
(f)
Costs will be awarded to the prevailing party and to plaintiff in an
interpleader action unless the judge otherwise orders.
(a)
Except in interpleader cases, if plaintiff fails to appear at the time set
for trial, plaintiff’s claim will be dismissed.
(b)
If defendant has filed a counter affidavit and fails to appear at the time
set for trial, defendant’s claim will be dismissed.
(c)
A party may move to dismiss its claim at any time before trial.
(d)
Dismissal is without prejudice unless the judge otherwise orders. The
appearing party shall serve the order of dismissal on the non-appearing
party.
(a)
If defendant fails to appear at the time set for trial, the court may
grant plaintiff judgment in an amount not to exceed the amount requested
in plaintiff’s affidavit.
(b)
If defendant has filed a counter affidavit and plaintiff fails to appear
at the time set for trial, the court may grant defendant judgment in an
amount not to exceed the amount requested in defendant’s counter
affidavit.
(c)
The appearing party shall serve the default judgment on the non-appearing
party.
(d)
In an interpleader action, if a defendant fails to appear, a default
judgment may be entered against the non-appearing defendant.
(a)
A party may request that the default judgment or dismissal be set aside by
filing a motion to set aside within 15 calendar days after entry of the
judgment or dismissal. If the court receives a timely motion to set aside
the default judgment or dismissal and good cause is shown, the court may
grant the motion and reschedule a trial. The court may require the moving
party to pay the costs incurred by the other party.
(b)
The period for moving to set aside a default judgment or dismissal may be
extended by the court for good cause if the motion is made in a reasonable
time.
(a)
Judgments may be collected under the Utah Rules of Civil Procedure.
(b)
Upon payment in full of the judgment, including post-judgment costs and
interest, the judgment creditor shall file a satisfaction of judgment with
the court. Upon receipt of a satisfaction of judgment from the judgment
creditor, the clerk of the court shall enter the satisfaction upon the
docket. The judgment debtor may file a satisfaction of judgment and proof
of payment. If the judgment creditor fails to object within 10 business
days after notice, the court may enter satisfaction of the judgment. If
the judgment creditor objects to the proposed satisfaction, the court
shall rule on the matter and may conduct a hearing.
(c)
If the judgment creditor is unavailable to accept payment of the judgment,
the judgment debtor may pay the amount of the judgment into court and
serve the creditor with notice of payment in the manner directed by the
court as most likely to give the creditor actual notice, which may include
publication. After 30 calendar days after final notice, the debtor may
file a satisfaction of judgment and the court may conduct a hearing. The
court will hold the money in trust for the creditor for the period
required by state law. If not claimed by the judgment creditor, the clerk
of the court shall transfer the money to the Unclaimed Property Division
of the Office of the State Treasurer.
(a)
Any party may appeal a final order or judgment within 30 calendar days
after entry of judgment or order or after denial of a motion to set aside
the judgment or order, whichever is later.
(b) To appeal, the appealing party must file a notice of
appeal in the court issuing the judgment. Unless waived upon filing a
motion and order for waiver of court fees, the appropriate fee must accompany the notice of appeal.
(c)
Upon the receipt of the notice of appeal, the clerk of the district court
shall schedule the new trial and notify the parties. All proceedings on
appeal will be held in accordance with these rules, except that the
parties will not file an affidavit or counter affidavit.
(d)
The district court shall issue all orders governing the new trial. The new
trial of a justice court adjudication shall be heard in the district court
nearest to and in the same county as the justice court from which the
appeal is taken. The new trial of an adjudication by the small claims
department of the district court shall be held at the same district court.
(e)
A judgment debtor may stay the judgment during appeal by posting a
supersedeas bond with the district court. The stay shall continue until
entry of the final judgment or order of the district court.
(f)
Within 10 business days after filing the notice of appeal, the justice
court shall transmit to the district court the notice of appeal, the
district court fees, a certified copy of the register of actions, and the
original of all papers filed in the case.
(g)
Upon the entry of the judgment or final order of the district court, the
clerk of the district court shall transmit to the justice court that
rendered the original judgment notice of the manner of disposition of the
case.
(h)
The district court may dismiss the appeal and remand the case to the
justice court if the appellant:
(h)(1)
fails to appear;
(h)(2)
fails to take any step necessary to prosecute the appeal; or
(h)(3) requests the appeal be dismissed.
Rule 13. Representation.
A party in a small claims action may be self-represented, represented by an attorney admitted to practice law in Utah, represented by an employee, or, with the express approval of the court, represented by any other person who is not compensated for the representation.
Forms
- Small Claims Counter Affidavit & Summons
- Small Claims Proof of Service
- Small Claims Motion for Continuance and Order
- Small Claims Motion to Dismiss & Order
- Small Claims Satisfaction of Judgment
- Small Claims Notice of Appeal