SMALL CLAIMS

 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 current maximum amount you may sue for in a small claims action is $10,000.  Small Claims court is less formal and you do not need an attorney to represent you.  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 78A, Chapter 8.  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

PO Box 145499

333 South 200 East

Salt Lake City UT 84111-5499

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. 

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How-To: File a Small Claims Affidavit

Instructions to the Plaintiff

1. FILING SUIT. Obtain a Small Claims Affidavit and Order, Small Claims Military Declaration 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 $10,000. 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 78A-8-102(4)(a).  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 suing for, and the defendant's name, street address and telephone number. The defendant's social security number will be helpful. 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 at the time you file the Affidavit.

1(a). FILING A SUIT AGAINST A BUSINESS.  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,  correct spelling and registered agent.  To serve a business entity, you may serve the registered agent.  If the business entity does not have a registered agent, you may serve the business's main office by registered or certified mail.  If you serve your affidavit and summons by registered or certified mail, please fill out the Small Claims Certificate of Service of Affidavit & Summons form and file with the court.  If you are unable to serve by registered or certified mail, you may have a constable, sheriff or process server serve your papers on the business to any person in charge at any regular location of the business.  

2. SERVICE OF THE AFFIDAVIT AND SUMMONS. It is your responsibility to have your Affidavit and Summons served.  There are different types of service.  You can give the Affidavit and Summons to a sheriff, constable, or process server to serve your papers upon the defendant.  You can also have your papers served by mail, using the certificate of service of Affidavit and Summons form, this method requires the defendant to sign a receipt and provides for return of that receipt to the plaintiff. Examples are: certified restricted delivery, registered mail or commercial courier service.  Make sure that your papers are served on the defendant at least thirty days before the trial date, in accordance with Rule 3(b) of the Small Claims Procedure.

3. 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.  SMALL CLAIMS RULE 3 (b). If your affidavit and summons is not served within 120 days after filing, the action may be dismissed without prejudice upon the court’s own initiative with notice to the plaintiff.

5.  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 Service Members 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:  https://www.dmdc.osd.mil/scra/owa/home  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.  This form is available in our forms section of this site.   

6. 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.

7. SETTLEMENT. If your case gets settled before the trial date, plaintiff must file a Motion to dismiss and Order with the court.  The court has the form available or you can find it in the forms section of this website.

8. POSTPONING THE TRIAL.  To change the trial date, complete and file a motion and order to postpone at least five business days before trial. A postponement is not automatic; you must provide a good reason.  The court clerk can grant a postponement of up to 45 calendar days.  A request for postponement for more than 45 days may be granted only by the judge. One postponement of the trial date per side may be granted by the clerk. The court may require the party requesting the postponement to pay the costs incurred by the other party.  

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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.  Please see the filing fee section of this site. Mail  a copy of the counter affidavit to the 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 and Order 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 and a Third District Court Notice of Mediation form must be filed with the court and the appropriate fees paid.

Disability Accommodations:  If you need accommodation of a disability, contact a judicial service assistant at least 3 days before the hearing.           

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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.

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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. MOTION AND ORDER FOR SATISFACTION OF JUDGMENT. If and when the judgment is paid, you must obtain and file a Motion and Order for Satisfaction of Judgment form with the clerk. A Motion and Order for Satisfaction of Judgment must also be filed in each county in which an Abstract of Judgment was filed. There is no cost for the Motion and Order for 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 and a Third District Court Notice of Mediation form must be filed with the court and the appropriate fees paid.

Disability Accommodations:  If you need accommodation of a disability, contact a judicial service assistant at least 3 days before the hearing.           

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Small Claims Filing Fees- all fees are due upon filing

Non-court fees  

Our Check Policy:  Your personal checks are welcome here.  You agree that using a check as payment constitutes a contractual agreement.  If your check is returned, it may be re-presented electronically or by paper draft and you will be responsible for any and all penalties, costs and incidental damages, collection costs allowed under law, including attorney's fees, court costs, and taxes on any check that is returned.  A return fee will be charged on any item that is returned by your bank and these fees may be collected electronically or by paper draft.  A list of state allowed return check fees is available at: www.returnedcheckfees.com or call 1-866-364-6053.

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Frequently Asked Questions

Who Uses the Court and When?
Any individual or business may use a small claims court if the problem can be settled for 10,000 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 and 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 "certificate 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, ($60.00 for claims under $2,000 / $100.00 for claims between $2,000 and $7,500 / $185.00 for claims between $7500.00 and $10,000.00) 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 $10,000. 

What is the Interest Rate for Judgments?
The interest rate is the same as the rate for civil suits. The current (2009) interest rate is 2.4% 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, or call us at 801-535-6301.

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.

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Rules of Small Claims Procedure from the Utah Court Rules Annotated