Small Claims
The Small Claims Court is a department of the District Court authorized under Chapter 12.40 RCW and is available for the recovery of money only where the claim does not exceed $10,000 for an individual or $5,000 for a business. Small Claims Court may NOT be used to recover personal property or require a defendant to perform contracts, except where the contract requires the payment of money only.
The person who brings the claim is called the "plaintiff". The person who is sued is called the "defendant". A small claims action is between plaintiff and defendant, who may consist of multiple parties. No attorney is allowed to participate in any manner without court consent.
Filing a Claim:
The form to start a small claims action is provided by the court and must be signed by the real claimant (not someone on behalf of the plaintiff). Court clerks may assist you in the procedures required but are not qualified and are forbidden by law from giving legal advice. They also are instructed not to attempt to predict how the court might rule in your case. Please do not ask them for such advice. The claim must state in brief and concise form:
- The nature of or basis of the claim;
- The amount claimed;
- When the claim accrued (came into existence)
It is not enough merely to state that the defendant "owes money". Some sample basis of claim descriptions are attached to this information.
It is the responsibility of the plaintiff to identify the defendant accurately. The defendant must be either a person, or statutory entity. Many businesses are operated under assumed names and are not incorporated. The plaintiff must determine who the person or persons are who own a non-corporate business and sue the person or persons, not the business.
It is the responsibility of the plaintiff to furnish an accurate address for the defendant.
The plaintiff must pay a $50 filing fee when the claim is filed.
After the claim is filed, the clerk will fill in the date for first appearance of the defendant, and will give two copies of the claim and notice to the plaintiff, one for the plaintiff's records, and the other to be served upon the defendant. In the case of multiple defendants, additional copies for service on the additional defendants will be provided.
Notice of Small Claims (PDF)
Service of the Claim and Notice:
The plaintiff may not serve the notice and claim upon the defendant. The claim and notice may be served either:
- by the county sheriff;
- by a process server;
- by a person over the age of 18 years not connected with the claim or related to you;
Other methods of service must be approved by the Judge.
Proof of Service is required to be filed with the court no later than the day before the scheduled court hearing.
First Appearance: Held every Thursday at 1:30PM.
- If the plaintiff and defendant both appear on the assigned appearance date, the case will be assigned for mediation. (If mediation has been waived skip to second hearing.) If an agreement is reached, the case may be concluded. If a trial is necessary, the judge will inquire as to the nature of the claims, the number of witnesses and exhibits anticipated, and the amount of time expected to present testimony and evidence. The judge may also suggest what evidence might be helpful to the court in reaching a just decision. The judge will then assign a date and time for trial.
- If the defendant fails to appear, and if service has been properly and timely made, the plaintiff may be granted a judgment against the defendant up to the amount claimed, if the plaintiff’s testimony supports the claim.
- If the plaintiff fails to appear, the case will be dismissed without prejudice, unless otherwise ordered by the court. If the defendant has filed a written counterclaim against the plaintiff and served a copy of it on the plaintiff, the defendant may be allowed judgement against the plaintiff on the counterclaim.
- If neither party appears, the case will be dismissed without prejudice.
Second Hearing: Held the 2nd and 4th Thursday of the month at 9:00AM.
At this hearing, the plaintiff and defendant will testify and call witnesses to testify, and present exhibits for the court to consider. Although the small claims judge has the authority to seek out evidence on his own, this is seldom done, and the court usually relies on the evidence produced by the parties. As trials are not always held at District Court, come early and check in with the clerk so you can be directed to the location of the trial.
The same rules apply at this hearing that applied at the first appearance hearing if parties fail to appear for the hearing.
The term “appears” means personal appearance of the party involved, except for the first appearance where an employee or agent (not an attorney) may appear if the employee or agent knows facts sufficient about the claim or defense to discuss the case intelligently and is authorized to bind the party represented. Personal appearance of a party is always more desirable, however, because the case may be able to be settled through mediation at first appearance if both parties personally appear.
This hearing is your trial. You will bring with you any information you believe is relevant.
Collection of the Judgment:
The small claims court does not collect the judgment for you. If you are awarded a judgment and the defendant does not pay the judgment within thirty days, or such a greater time as is set by the court, you may obtain a certified docket and copy of your Judgement to file with the Superior Court Clerk’s Office. Which may result in a lien upon any real estate owned by the defendant. Remember, the clerks cannot advise you how to execute upon the judgment. The District Court does not furnish any forms for that purpose.
Appeals from Small Claims Court Judgment:
A plaintiff cannot appeal from the judgment of the small claims court Judge where the amount requested was less than $1,000. Neither party may appeal from the judgement if the claim was for less that $250. Any appeal must be perfected within 30 days after judgement is rendered or decision made.