41-A District Court
Small Claims
While the staff of this court will attempt to assist either party to an action in this court the following must be understood:
The judges, who are attorneys, may not and will not advise on matters they may have to rule on.
This court can render money judgments only and has no power to force anyone to do something or to stop doing something.
STARTING A SMALL CLAIMS SUIT
To start a suit in this District the Defendant must reside or be established here. There are some situations where the cause of Action arose in the District that will allow you to file in this District regardless of where the Defendant lives or is established. Check with the Clerk of the Court when filing your suit.
You must have a direct interest in the suit;
Your claim may not exceed $3,000.00
You may not:
1. Have an attorney represent you.
2. Have a jury decide the case.
3. Appeal the judges decision.
The defendant cannot be forced to waive these rights and submit to small claims division. If he/she refuses, the matter will be transferred to the general civil division. This may not be known until the time of the hearing.
You are responsible for providing the court at the time you file:
Service fee for each defendant (outlined later)
Your full name and current address.
Defendants name and current address
Defendants place of employment is helpful
Amount of claim and pertinent dates
A concise statement as to nature of claim
$25.00 filing fee up to $600.00
$45.00 filing fee, $601.00 to $1,750.00
$65.00 filing fee, $1,750.00 t0 $3,000.00
As a claim if filed a hearing date is set within 45 days. This assures (generally) the defendant receiving notice by the required 7 days prior to the hearing date. It is essential the defendant be served with a copy of the summons, which is effected in one of two ways:
1. A copy is left with him personally by a court officer; fee = $20.00 + 31 cents per mile each way; minimum of $24.00.
2. Certified mail to addressee only with return receipt requested; fee: approximately $8.00 if certified mail is not picked up by defendant the court cannot proceed.
SETTLEMENT PRIOR TO HEARING DATE
Frequently, defendant may offer settlement prior to the hearing date. If settlement is made prior to his being served with the summons you are not entitled to your court costs. If settlement is made after he/she is served you are entitled to add your court costs. If lump sum settlement is not possible and you are agreeable to installment payments REDUCE THE AGREEMENT TO WRITING SIGNED BY BOTH PARTIES AND FILE A COPY WITH THE COURT to avoid future disputes as to the terms of the agreement. If the claim is paid you should dismiss the suit. If agreement is reached you may wish to dismiss the suit; many people prefer to continue to judgment in the event there is a default on the agreement.
HEARING DATE
One of several things may occur:
Defendant may appear, refuse to submit to small claims division; the matter will be transferred to general civil division of the District Court;
Defendant may appear, admit liability for your claim, a consent judgment will be entered;
Defendant may fail to appear; if the court can determine he/she had proper notice and through your evidence you have a proper claim a default judgment will enter;
Defendant may appear, dispute the claim, agree to have it heard in small claims division; trial will be at that time.
On the hearing date there may be several matters or a very few; it is difficult to determine this prior to hearing time. The court will attempt to dispense with the uncontested mattes first.
On the hearing date it is essential that you have all papers, photos, witnesses or other evidence to support your claim.
TRIAL
When your case is called the plaintiff takes the stand, is sworn and makes his statement as to why he/she believes the defendant is liable. He/she may offer other witnesses and evidence if any.
The defendant may then take the stand and make his/her statement as to why he/she believes he/she is not liable and likewise may offer other witnesses and evidence.
Each party has the right to question the other party or his/her witnesses while they are on the stand after they have completed their statements. You will not interrupt them. This is called cross examination. This must be in the form of questions. All statements are to be made to the court and you will not address the other party or witness other that in the form of a question. You will not argue with the other party or his/her witnesses directly.
After all the testimony and evidence has been presented each party has as opportunity to summarize his/her matter.
A decision may be rendered at the hearing or the matter may be taken under advisement. In the latter event the decision will be mailed to the parties.
If the plaintiff prevails the court costs are added to the amount of the judgment.
Again, it is essential that each party have the evidence and witnesses with him/her at the time of the trial. It is difficult for the court to render a fair decision with less than all the facts.
COLLECTION OF THE JUDGMENT
The court encourages the parties to agree among themselves how to pay the judgment if a lump sum payment is not possible. Any agreement reached should be reduced to writing, signed by both parties and a copy filed with the court to eliminate a future dispute on the terms of the agreement.
If agreement cannot be reached the defendant has the right to petition the court to set the payments. A hearing date will be set and the plaintiff will be notified and may be present if he/she chooses. The defendant must provide the court with all income and expense information to permit the court to set a payment that is reasonable yet satisfying the judgment without undue delay. The plaintiff will have an opportunity to offer any facts or opinions if he/she wishes.
If the payment agreement or order setting payments is adhered to the plaintiff may not take further court action to collect.
If settlement is not offered within 21 days after the judgment is rendered there are other means to collect. The most frequent method is garnishment. There are other methods but they are complex and help is not available at the court office for these.
GARNISHMENT
If you know where money is owed the defendant such as wages, bank accounts, rentals, etc. you may file a garnishment to attach this money. Help is available in the court office to accomplish this.
To file a garnishment you are responsible for the following necessary information:
Who owes him/her the money (this will be the garnishee defendant)
Proper name and current address of the garnishee defendant.
The amount the principle defendant still owes you on the judgment.
Filing fee = $15.00
Disclosure fee = $6.00 (periodic payment)
Service fee = $20.00 minimum
You will be responsible for keeping track of how much you have been paid on the judgment either through or outside the court, as you will be required to sign a sworn affidavit attesting to the truth and correctness of the amount you show still owing.
If there is indebtedness at the time of the service of the garnishment you may add these costs to the amount owing; otherwise you may not.
The garnishee defendant must advise the court within 7 days of any indebtedness.
In the case of wages the plaintiff is not entitled to the defendants entire paycheck; only a portion of it as determined by a federal formula.
A garnishment will only require a disclosure of the amount of indebtedness at the time service. It frequently will take more than one garnishment to satisfy a judgment if no other payments are made.
POINTS TO CONSIDER
The court is only a tool that is available to you for settling disputes or establishing and reducing your claims to judgment.
You are responsible for locating the parties, determining your course of action, gathering your witnesses with evidence, determining a judgment debtors source of income etc.
If either party has a necessary witness that is unwilling to appear voluntarily the subpoena power of the court is available to them. The party requesting the subpoena will be responsible for the payment of the service fee and the witness fee. To avoid hearing date problems, subpoenas should be requested at least 10 days prior to the hearing date.
After a garnishment has been issued the court is powerless to stop it unless dismissal is requested by the plaintiff.
A garnishment cannot be issued prior to judgment.
There are often situations where a judgment is not particularly difficult to obtain but the collection of the money is difficult if not impossible. Situations such as welfare, unemployment, social security and other similar payments are not subject to garnishment. Collectibility should be a prime consideration prior to starting a suit.
