How do I sue someone in Small Claims Court?
Do I
need a lawyer to sue in Small Claims Court?
What can I sue for?
How do I start a small claims suit?
How do I get ready for trial?
What
happens in court?
If I don’t like the
decision, can I appeal?
If I win, how do I
collect my money?
What if I am sued in Small Claims Court?
The Notice of Suit, and
filing an Answer
How do I prepare for trial?
What do
I do on the day of the trial?
What happens if I lose?
What
if I don't pay the judgment?
If I am being sued in Small Claims
Court, can I transfer the case to another court?
Sample Form A (Complaint Form)
Sample Form B (Answer Form)
For more information
The Small Claims Court is the part of the courthouse where anyone over the age of 18 can sue for money, up to $3,500. (See
What can I sue for? below.) How do I sue someone in Small Claims Court?NO. You do not need a lawyer in Small Claims Court. The procedure is very simple. You can take care of the entire case by yourself.
What can I sue for?You can sue for money only with a limit of $3,500. (Note: A proposed bill in the 2004-05 legislative session may increase this limit to $5,000.) These are some of the things for which you can get money:
NOTE: You may be entitled to DOUBLE your
security deposit.
If you have given your landlord your forwarding address in writing, and after 30 days
still have not received any response from your landlord, you can ask the court to give you
double your deposit. Make sure to ask for this in your complaint.
You cannot sue in Small Claims Court for the following:
You should file with the clerk of the court where the person you are suing (the "defendant") lives, or where the transaction you are suing about occurred. If you are suing a landlord about something to do with your being a tenant, you should file with the clerk of the nearest Housing Session, if there is a Housing Session in that judicial district.
OK, so how do I start a small claims suit?You must file a Complaint with the Small Claims Court.
You must fill out the Complaint form. (See Sample Form A). Blank forms are available at the clerk’s office where you are going to file the lawsuit and on the State of CT Judicial website www.jud.state.ct.us . Complete the form and take it to the clerk’s office. Give it to the clerk with a $35 filing fee or ask for forms to have the fee waived if you cannot afford it.
What do I do if I am suing a business?If you are suing a business, you must use the legal name. To find out if a business is a corporation, registered to do business in the State, you may call or write the Secretary of State. That way you can get the proper corporate name and also the name and address of the person who gets the legal papers for the corporation ("agent").
The phone for the Secretary of State is: (860) 509-6002.
The address is:
Secretary of State - Corporate Information
30 Trinity Street
Hartford, CT 06106
The Complaint will be "served" on the person you are suing (the "defendant").
How is the complaint "served"?The clerk will send your complaint to the people you are suing (the "defendant") by mail. A copy of the complaint will be sent to you. On the notice you get there will be an "Answer Date".
What if the defendant answers the complaint?If the defendant files an Answer with the clerk by the Answer Date, the clerk will tell you over the phone. The clerk will also tell you what the Answer says. Soon after that the clerk will set a date when you have to come to court for trial. You should not come to court on the Answer Date--wait until you get a notice from the clerk saying when your trial will be.
What if the defendant doesn’t answer the Complaint after I "served" the Complaint?Then you may win by "default". You may still have to go to court; the court clerk will tell you if you have a court date. If you do, then you will have to "prove" your case.
Warning: The person you are suing may transfer your case from Small Claims Court to Superior Court. The rules for Superior Court are much more difficult to understand. You should contact a lawyer to take over your case. If you win, the defendant will have to pay your lawyer’s fees and your court costs.
What if the defendant or his/her attorney offers to settle with money?You are free to settle for the amount the defendant offers. If you think you are right and that the judge will find in your favor, you can refuse anything that is less than the full amount owed to you. If you accept less than the money owed to you, you cannot go back to court and ask for more.
You should not think a case is settled until you have
received the money. Once you do receive money in settlement, you should write to
the clerk’s office before the date set for trial. If the defendant offers
money, but never actually delivers, get ready for trial.
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First: Come to court on time.
Second: Bring all of your evidence with you to court. (All letters, receipts, or other papers that prove your case.)
Third: If you have any witnesses, bring them to trial. If you are relying on what someone else said, that person must be at the trial. For example: if when you explain what happened you have to say "my wife said..." or, "he told my husband that..." that should tell you to bring that person to court with you. Be sure to tell your witness the trial date as soon as you know it.
You can force the person to come by having a subpoena issued for the person. Ask the clerk to get a subpoena issued from the court. The clerk can also tell you how to get it served (delivered to the person).
What happens in court?You will be given a chance to present your side of the story to the Judge, Magistrate or Commissioner who has been assigned to hear your case. Make sure that you tell the judge exactly why the defendant owes you money and that you show the judge all of your evidence. The defendant, or his or her attorney, will be allowed to ask questions of you and your witnesses, and then will tell his or her side of the story.
Then you will have a chance to ask questions of the defendant or his or her witnesses, and to tell the judge if you think anything that the defendant says is not true.
When will I know the court’s decision?Sometimes a judge will decide right away. Sometimes a judge will want to think about it. If the judge needs to think, the clerk will mail you a notice about the judge’s decision a few days after the trial.
What if I don’t like the decision. Can I appeal?NO! You cannot appeal a Small Claims
Court decision. You will have to live with the decision.
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The court will order how much money you are owed and when you should be paid. This is the "judgment". You will get a Notice of Judgment. Usually, the court will order weekly payments. It’s a good idea for you to send a letter to the defendant saying what the judgment is and asking for payment.
What if the defendant refuses to pay?If the defendant does not pay you can get an Execution. The court won’t collect for you, but you can collect for yourself.
What is an Execution?An Execution is a court order allowing you to collect from the defendant either by taking money out of the defendant’s wages (a wage execution), or by putting a lien on the defendants real property, or by collecting money out of the defendant’s bank account (a bank execution). The fee for an execution is $35.
Could you run that by me again?Sure:
1. A wage execution is issued against a defendant who has a
job. You collect money out of the defendant’s wages. Once you get the wage execution,
the defendant’s employer will pay you directly.
2. If you want to put a lien on a person’s real property (land or house), you must prepare a judgment lien certificate. You may need a lawyer to help you do this. Then file it with the town clerk’s office where the property is located. You get to collect when the defendant sells the property.
3. A bank execution means you can collect money out of the defendant’s bank accounts. The bank pays the state marhsal out of the defendant’s accounts, and the state marshal then pays you.
How can I find out what kind of execution to use?If you don’t know where the defendant works or the name of the defendant’s bank, the clerk of the court can help you find out. You will have to pay the clerk $5. The clerk will then send out papers called interrogatories, which require the defendant to list all of his or her bank accounts, the property he or she owns, and the name and address of his or her employer.
How do I get an execution?First: Go to the clerk’s office and file an Application for an Execution.
Second: Bring your Notice of Judgment form and an accurate record of payments made (if any) by the defendant up to the time you file your application for execution when you go to the clerk’s office.
Third: Once the execution is granted, you must get a sheriff to serve the execution. You must give the state marshal all the information needed to collect the money. This information may include the defendant’s current address, bank, or employer.
How long do I have to collect a judgment?You have 10 years from the date of judgment to collect the money through an execution.
If you are being sued in Small Claims Court you will get a small claims "Notice of Suit". THIS IS THE ONLY NOTICE YOU WILL RECEIVE. You should follow all the instructions on the form. Otherwise a judgment will be entered against you.
What do I look for on the Notice of Suit?Read the whole form. Find on the front of the notice of suit the "Answer Due Date". This date is very important.
Do I need to show up in Court on the answer due date?No. But you need to fill out the Answer form and return it to the clerk on or before the answer due date. It’s in your small claims notice. (See Sample Form B).
What if I don’t file an answer on or before the answer due date?Then the court will assume that (1) you agree with the reasons why you owe money, and (2) you agree with the amount of money that the person who is suing you (the "plaintiff") says you owe. Therefore the judge can enter a judgment against you.
Under what circumstances should I file an answer?You should file an answer if you fit into any of the following categories:
You should put down all the reasons, in great detail
You will get a notice from the court telling you the date, time, and place of the trial.
What if I don’t go to court on the date of the trial?Even if you filed an answer or request for time to pay, the court can rule against you if you do not come to court. The judge can enter a judgment saying you owe the money.
How do I prepare for trial?You should prepare your case the same way the plaintiff would have to prepare his or her case. See "How do I get ready for trial?" for details.
NOTE: If you lose, the plaintiff can make you pay the cost of bringing the lawsuit and of getting state marshals to serve subpoenas and witness fees.
What do I do on the day of trial?First: Be in court a few minutes early.
Second: When they call your name say that you are ready to go to trial.
Third: You will be sent to a judge, magistrate or commissioner.
Fourth: The plaintiff will get to say his or her side of the story first. Do not interrupt the plaintiff. You will have a chance to ask questions of the plaintiff.
Fifth: After the plaintiff has told his or her side of
the story and has given all of his or her evidence and witnesses, you get to tell your
side. Be sure that you show all of your evidence, and that your witnesses say all they
know.
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You will get a "Notice of Judgment". It will tell you how much you owe, and when you have to pay it.
Can I appeal the judgment?NO! Once a decision is made, you cannot appeal it. That is why it is so important for you to show up on the date of trial.
Can I reopen the judgment?Yes. You can reopen the judgment, but only under certain conditions. There must be a very good reason for you not to show up at trial (like not getting any notice) or not filing an answer, and you must have a good defense. You must either file a written Motion to Reopen, or you must go to the clerk’s office and tell the clerk that you want to reopen the judgment. The fee is $60.
Is there a time period to file a motion to reopen?Yes. You must file a motion to reopen within 4 months of the date of judgment. In the case of a judgment by default, you may also file a motion to reopen within 4 months from the date a wage execution is levied against you.
WARNING: Most judges do not want to reopen a case.
You may have to pay costs if the court decides that your motion is frivolous. You
should always answer the complaint and show up in court.
If you don’t pay the judgment, the plaintiff can get something called an "execution" and collect the money from you.
What happens if the plaintiff gets an execution?First: The plaintiff can get a wage execution. That means the money will come out of your wages before you even see it. You are allowed to take home at least $284 per week or 40 times minimum wage (which is $7.10 as of Jan. 2005). To find out your rights, see Legal Aid’s pamphlet, A Guide to Wage Attachments.
Second: The plaintiff can put an execution on your bank accounts. That means that the bank will pay over the money to the plaintiff out of your bank accounts without your permission. The bank must give you notice so that you can protect your exempt money, such as welfare money, work incentive wages, social security, unemployment compensation, worker’s compensation, etc.
Third: The plaintiff can put a lien on your property.
That means that whenever you sell the property, the plaintiff can collect the judgment. It
also means that the plaintiff might try to foreclose on your property.
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Yes! You can transfer the case to the regular docket of the Superior Court under one of the following conditions:
1. You file an affidavit saying
that a good defense exists to the claim, and write down your defense in detail;
-- or --
2. You have a counterclaim for an amount greater than $3,500;
-- or --
3. You have properly claimed the case for trial by jury.
Then, you must
Two Notes of Caution:
1. The legal rules for Superior Court are complicated. You will
need the help of an attorney.
2. If you transfer the case and you lose, you may have to pay the
plaintiff’s attorney’s fees.
The information in this pamphlet is subject to change from time to time. Check with the Small Claims Court to be sure you have the most up-to-date information. The State Judicial Department also publishes a booklet on the Small Claims Process.
Statewide Legal Services: (860) 344-0380
(Central CT and Middletown area) 1-800-453-3320 (All other regions)
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This document was produced by the Legal Assistance Resource Center of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.
The information in this document is based on the laws in CT as of April 2005. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.
Copyright: April 2005