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Small Claims

Small Claims
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Where to File Small Claims and Small Claims Housing Matters (effective x/xvi/17)

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General Questions

1. What is Small Claims Court?
2. What cases belong in Small Claims Courtroom?
3. What cases practise not vest in Small Claims Court?
4. How long do I have to starting time a pocket-sized claims instance? (Called the Statute of Limitations)
5. Tin an out-of-country individual or business file a claim in Connecticut?
6. How do I start a modest claims instance?
7. How much does information technology cost to start a pocket-size claims case?
8. Where practise I become to file a small claims case?

Suing Different Types of Defendants

9. How do I observe out if the accused is a corporation, limited liability company (LLC), a partnership or a DBA (doing business every bit)?
10. Practice I accept to use the defendant's full name?
11. What if the defendant resides out of the state of Connecticut?
12. What practise I do if I desire to sue an out-of-state business entity?

Filing Fees, Court Papers and Court Dates

13. Fill out Small Claims Writ and Notice of Suit (class JD-CV-forty) - Slidecast
14. Fill out Statement of Service (Delivery) Small Claims (form JD-CV-123) - Slidecast
15. How do I serve (deliver) a small claims case on the accused(due south)?
16. What happens after the respond date has passed?
17. When is a war machine affidavit about the defendant required to get a judgment?
18. Where tin I go more data?

Defendant'southward Options

19. What do I practice if I am sued in a small claims example and desire to defend myself?
20. When should I file a counterclaim?

Your Day in Court

21. Can I have a jury trial?
22. Are pocket-sized claims cases decided by judges?
23. What is an ODR settlement conference?

Judgment and Post Judgment Activity

24. How do I collect money if I win my case?
25. Tin can I appeal the decision?
26. Could a modest claims judgment confronting me (the defendant/ judgment debtor) impact my credit rating or appear on my credit written report?
27. When may a judgment lien be placed on real property (real estate)?
28. Must I tell the court when the judgment owed to me is paid in full?

Modest Claims Instance Lookup

29. How can I observe out information almost a small claims example?
30. What information can I look up on a small claims matter?

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General Questions

1. What is Small-scale Claims Court?

• Modest Claims Court is a part of Connecticut's court system where a person tin sue for coin damages just upwards to $v,000.00. That amount is set by state law and may change from time to time. You lot may also exist able to get interest and costs. Y'all may be able to get more than $5,000.00 if y'all are suing for the return of security deposit. When a tenant (renter) of a residential real estate property sues a landlord to go back a wrongfully withheld security deposit, the tenant may be awarded twice the amount of the security deposit even if the total amount of damages and costs, combined, is greater than $v,000.00. See sections 51-15 (d) and 47a-21 of the Connecticut General Statutes.
• You do not need an chaser.
• Pocket-size claims cases are more often than not heard and decided by Magistrates, who are lawyers appointed past the Chief Court Administrator. For more data, see section 51-19350 of the Connecticut General Statutes. Small-scale Claims cases may also be heard past judges or judge trial referees. You may encounter magistrates or judges referred to equally "judicial authorities."
• Unproblematic rules of evidence apply, instead of circuitous rules.
• There is no transcript of the trial; it is not recorded.
• There is no right to entreatment the determination.

2. What cases belong in Small Claims Court?

• back rent;
• return of security deposit;
• broken or damaged belongings;
• unpaid claims;
• motor vehicle accidents;
• breach of a written or exact contract;
• medico/hospital bills for medical treatment;
• other claims asking for $five,000.00 or less.

three. What cases practice not belong in Modest Claims Courtroom?

• libel or slander;
• damage to your reputation;
• name calling;
• any claims asking for more than $5,000.00 (see #ane, above, for explanation of cases in which the plaintiff may be awarded more than $five,000.00).

4. How long practice I have to first a small claims instance? (Called the Statute of Limitations)

v. Can an out-of-state individual or business file a claim in Connecticut?

• Yeah. However, the private or business may exist required to attend courtroom hearings if the defendant contests any of the proceedings or if the court determines that the business concern or individual'south presence is necessary.

six. How do I start a minor claims example?

• Use the court course Small Claims Writ and Detect of Adapt (form JD-CV-40). Type or neatly impress your information on the forms. Read the "Instructions to Plaintiff" section on grade JD-CV-40 to assist y'all complete the Small-scale Claims Writ and Observe of Suit. For more data, view the How-To Programme for filling out Small-scale Claims Writ and Notice of Suit (JD-CV-40).
• Forms are available online or in any court location that handles small claims cases. For information on the courtroom location that handles minor claims matters for your town and the address and telephone number of the courtroom run across Where to File Small Claims Matters.
• The person starting the case is called the plaintiff; the person being sued is called the defendant. After the instance is decided, the person who is awarded money is chosen the "judgment creditor" and the person who is ordered to pay the money is chosen the "judgment debtor."
• If there are more plaintiffs or defendants than will fit on the Small Claims Writ and Find of Suit (course JD-CV-40), y'all must fill out and attach the Continuation of Parties (form JD-CV-67) to the Pocket-size Claims Writ and Discover of Accommodate.
• Your signature must be notarized. Your signature may be notarized by the Court Clerk, a Notary Public, or a Commissioner of the Superior Court (whatsoever Connecticut attorney). In order to have your signature notarized, you must sign the Pocket-size Claims Writ and Notice of Suit (form JD-CV-xl) in front of the person who is notarizing information technology. Y'all must as well clearly impress your name clearly and title, if you have a title, in the box provided. Your oath must be taken at the time you sign the form and the person who took your adjuration (the Clerk, a Notary, or a Commissioner of the Superior Court) must also sign information technology.

vii. How much does information technology price to start a small claims case?

• There is a $95.00 entry (filing) fee.
• Yous must pay the Court Clerk with cash, or with a bank check or money order fabricated out to "Clerk of the Superior Court." If you lot pay in person, you may besides pay by MasterCard or Visa.
• If you hand-evangelize the merits to the court, and you plan to pay with a personal check, bring a valid state issued photo I.D., your photograph driver's license; U.Due south. passport; or Military machine I.D.
• If you win your case, the entry fee and your costs of service will exist added to the judgment against the accused.

8. Where practise I go to file a small claims example?

• Small Claims cases must be filed in a venue (courtroom) designated by the Main Court Administrator.
• If yous are an Individual Plaintiff, y'all may file in the court handling modest claims matters for the city or town: (a) where you lot live, (b) where the defendant lives or where the accused's business organization is located, or (c) where the transaction or injury occurred.
• If you are a Business organisation Entity, including a domestic or United States corporation or a limited liability visitor, yous may file in the court handling pocket-sized claims matters for the city or boondocks: (a) where the defendant lives, (b) where the defendant is doing concern, or (c) where the transaction or injury occurred.
• For information on the court location that handles small claims matters for your town and the address and phone number of the court come across Where to File Small Claims Matters.
• For landlord-tenant matters, you must file in the housing session where the holding is located, if one exists. If there is no housing session for the location where the property is located, you must file in the judicial district where the property is located. To determine where you should file your cases, see Housing Matters - Where to File.
• If you wish to file your instance or other documents electronically, you must sign-upward for Judicial Co-operative E-Services. Click here for more information on Eastward-Services.

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Suing Different Types of Defendants

nine. How do I notice out if the defendant is a corporation, limited liability company (LLC), a partnership or a DBA (doing business concern equally)?

• Call the Secretary of the State at 860-509-6002 to notice out if it is a corporation or an LLC and to get its accost.
• If the defendant is not a corporation or LLC, and is a DBA (doing business as) or uses a trade name, contact the town clerk's office where the company is located to get the proper name of the business owner.

10. Do I accept to use the defendant's total proper noun?

• Yep. Use the exact, complete name of the person or business.
• If you go out out any function of the proper name, you may not be able to collect your coin if you win the case.
• Exercise not abbreviate whatsoever function of the proper name.

11. What if the defendant resides out of the land of Connecticut?

• You lot may file confronting the out-of-state resident only if he or she owns property in Connecticut.
• A statement indicating that the out-of-state individual owns property in Connecticut must be included in the claim.

12. What do I exercise if I want to sue an out-of-state business entity?

• First yous must find out if the concern entity has an agent for service in Connecticut by contacting the Secretary of the State at 860-509-6002.
• You must apply a proper officer (for case a state marshal) to serve (deliver) the Small Claims Writ and Notice of Suit (form JD-CV-twoscore) on an out-of-country concern entity. Run into List of country marshals.

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Filing Fees, Court Papers and Court Dates

13. Fill out Small Claims Writ and Notice of Suit (formJD-CV-40) - Slidecast

14. Fill out  Statement of Service (Delivery) Small Claims (form JD-CV-123) - Slidecast

xv. How do I serve (deliver) a small claims case on the defendant(southward)?

• Unless you are hiring a proper officeholder (for case a state align) to serve (deliver) the Small Claims Writ and Find of Suit (Writ) (course JD-CV-forty) for you, you must deliver a copy of the completed original Writ to each accused with the Instructions to Defendant (form JD-CV-121) before filing those documents with the court. Come across a description of acceptable delivery methods in the second function of this respond. You must deliver to each accused a re-create of all the documents you desire to file with the court. In other words, all attachments to the original Writ must be delivered. After all of those documents accept been delivered, consummate a Statement of Service (Delivery) Small Claims (Statement of Service) (form JD-CV-123), which explains to the court how yous had the Writ delivered to each defendant that yous served. Then, file the original Writ and Statement of Service for each accused, along with copies of whatever exhibits or attachments, and the correct entry (filing) fee. Go on a copy of all documents for your records, along with the originals of any exhibits or attachments. For more data on the Statement of Service (class JD-CV-123), meet the post-obit: How-To Programme to fill out Statement of Service (Delivery) Small Claims (form JD-123).
• The plaintiff, or his or her representative, must serve (deliver) the Small Claims Writ and Discover of Suit separately on each defendant using i of the 4 methods listed beneath, except that for each defendant who is an out-of-land entity (a business organized under the laws of a country other than Connecticut), the plaintiff must pay a proper officer (for example, a country align) to serve the defendant equally described in number 4. In that location are special requirements for service on (delivery to) out-of-state insurance companies. The requirements are in Chapter 697, Title 38a of the Connecticut General Statutes and yous may find information on the Connecticut Insurance Department website.
  1. By priority mail with delivery confirmation: fill out a Modest Claims Writ and Notice of Suit (Writ) (form JD-CV-40) and adhere copies of any related documents you want to file with the Writ; keep the original Writ and documents and mail a copy of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) to each defendant. When yous have the commitment confirmation(southward), complete a Statement of Service (Commitment) Modest Claim (Statement of Service) (form JD-CV-123) for each defendant yous have served. And then, file the original Writ, Argument of Service and delivery confirmation for each defendant, along with copies of any exhibits or attachments, and the right entry (filing) fee.
  2. By certified mail, render receipt requested: make full out a Small Claims Writ and Observe of Conform (Writ) (course JD-CV-twoscore) and attach copies of any related documents you want to file with the Writ; keep the original Writ and documents and mail a re-create of the Writ and documents, and the Instructions to Defendant (course JD-CV-121) to each defendant. When you receive the signed return receipt(s), consummate a Statement of Service (Delivery) Modest Claims (Statement of Service) (form JD-CV-123) for each accused you take served. Then, file the original Writ, Argument of Service and signed return receipt(s) (dark-green menu) for each defendant with the court, along with copies of whatever exhibits or attachments, and the correct entry (filing) fee.
  3. By a nationally recognized courier service providing delivery confirmation: fill out a Small Claims Writ and Discover of Suit (Writ) (form JD-CV-forty) and adhere copies of any related documents you want to file with the Writ; go on the original Writ and documents and have a copy of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) delivered to each defendant. When you receive the tracking information showing delivery, complete a Statement of Service (Delivery) Small-scale Claims (Statement of Service) (form JD-CV-123) for each defendant you take served. Then, file the original Writ, Statement of Service and the delivery confirmation for each defendant with the courtroom, along with copies of any exhibits or attachments, and the right entry (filing) fee.
  4. By a proper officer, for example, a marshal: fill out a Small-scale Claims Writ and Detect of Suit (Writ) (class JD-CV-40) and adhere copies of whatsoever related documents you want to file with the Writ; keep a copy of the Writ and the originals of other documents; give the original Writ with attached documents, and the Instructions to Defendant (form JD-CV-121) to the officer to serve (deliver); after the officer serves (delivers) the Pocket-sized Claims Writ and Detect of Adapt, he or she will file the original Writ and documents with the court along with his or her return of service (a written statement describing how the writ was served).
• The Small-scale Claims Writ and Discover of Suit (grade JD-CV-twoscore) must exist returned to the court non after than 1 calendar month after the date of service.
• When the clerk receives the Small Claims Writ and Detect of Suit (form JD-CV-40) the clerk volition fix an answer date (date by which the accused(s) must reply to the complaint) and volition send a find to all plaintiffs or their representatives of the docket (instance) number and answer date. The clerk will also send an reply class that includes the docket number and answer date to each defendant at the address provided past the plaintiff.

16. What happens after the answer date has passed?

• Neither party needs to do annihilation at this signal. The file volition be reviewed past a magistrate who will determine if a decision can be fabricated without a trial or if the instance needs to be scheduled for a trial.

17. When is a military affidavit about the defendant required to get a judgment?

• If the defendant in your example is a person, you must say, under adjuration, whether the defendant is or is not in the military machine or naval service and how you lot know that. You lot volition not be able to get a decision against a accused who has not filed an answer unless you file an affirmation (a newspaper signed under oath) with the courtroom that states facts showing that the accused is non in the military or naval service.
• You tin find out if defendant is in the military or naval service from the U.S. Department of Defense force - Defense Manpower Data Heart by using the following website if yous have the first and final name of the person and the person'south date of nativity or the person's social security number. The website is: https://scra.dmdc.osd.mil/. This spider web accost must be typed exactly, including the "s" afterwards the http. You may get a warning stating that there is a problem with this website'southward security certificate. This website is hosted past the U.South. Department of Defense.
• If you do not know the defendant's date of nativity or social security number, yous will accept to find out the accused's military status by asking a person who knows the accused well to fill out an affirmation (written statement under adjuration), or past giving the place of the defendant'due south total time employment in an affidavit of your own. For the affidavit, yous can utilize court grade Affidavit Concerning Military machine Service (form JD-FM-178).

18. Where can I get more data?

• Review the PDF booklet, How Modest Claims Works (course JDP-CV-45), which is besides available in printed form in every clerk'southward part that handles small claims cases and in the Court Service Centers. From time to fourth dimension information in this booklet may change, such equally fees, courtroom locations and phone numbers. Please cheque this website or contact the clerk's part to be sure that you lot have the most current information virtually fees, court locations and phone numbers.
• Ask the court clerk for information. The clerk tin can give you information. The clerk cannot give you legal advice.
• Talk to an attorney. Check an internet search engine, the Yellow Pages or call your local Lawyer Referral Service (run by the local Bar Association). If you lot are a low income individual, The Statewide Legal Services of Connecticut, Inc. may be able to assist y'all. Their toll gratis number is 800-453-3320.
• Legal Clinics may also provide an opportunity to discuss your case with an attorney. Information may be found at the Judicial Branch's Legal Clinics and Help page.
• Boosted information on finding legal assist is bachelor on the Discover Legal Help page.

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Defendant's Options

nineteen. What do I do if I am sued in a minor claims case and want to defend myself?

• File an answer on or earlier the answer date. The answer date volition appear on the Answer grade sent to y'all by the court. Fill up out the Answer form and return it past mail, fax or hand commitment to the clerk. Send a copy to each chaser or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff and fill out the certification that y'all have done and then.
• If you disagree with the claim or the amount of money, cheque the box that says you lot disagree and explicate briefly in writing why you believe you do non owe the coin.
• Attach copies of any documents that support your claim. For example, you can adhere receipts, letters, contracts or leases. Be sure that the documents you are filing do not incorporate personal identifying information, such as a social security number, credit card business relationship number, banking concern account number or appointment of nascence. You should to omit, remove (redact), or black-out personal identifying information before filing whatever document unless the information is required by law or court order.
• You may also file a motility to transfer the case to the regular court docket, by completing a Small-scale Claims - Motion to Transfer to the Regular Docket (form JD-CV-158). The move must be filed according to the Connecticut Practice Book in society to be granted. See section 24-21 of the Connecticut Practice Volume. The fee is $125.00.
• If y'all wish to file your answer or other documents electronically, you must sign-upwards for Judicial Branch Due east-Services. For more data on e-filing and E-Services, come across E-File in Pocket-size Claims Matters.

twenty. When should I file a counterclaim?

• If you want to file a counterclaim, you must practice so on or before the answer date or, if a judgment was entered confronting you, when a motion to open judgment is granted.
• If you lot think the plaintiff owes yous money, you may say so in the counterclaim.
• In that location is a $95.00 filing fee for a counterclaim.
• You must pay the courtroom clerk with cash, or with a bank check or coin lodge made out to "Clerk of the Superior Courtroom." If y'all pay in person, you may also pay by MasterCard or Visa.
• If you lot paw-deliver the counterclaim to the court, and you plan to pay with a personal cheque, bring a valid state issued photo I.D., your photo driver's license; U.S. passport; or Military I.D.
• If you wish to file your counterclaim or other documents electronically, y'all must sign-up for Judicial Co-operative E-Services. Click here for more information on East-Services.

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Your Day in Courtroom

21. Can I have a jury trial?

• There are no jury trials in small claims.
• You may, however, request a jury trial if yous file a motility to transfer the case to the regular docket. Come across #19 above.

22. Are minor claims cases decided by judges?

23. What is an ODR settlement conference?

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Judgment and Post Judgment Activity

24. How do I collect money if I win my case?

• The courtroom does not collect the money for you, merely yous can asking that the clerk result an execution. An execution authorizes y'all to rent a country marshal to attach a judgment debtor's (defendant'due south) wages, nonexempt personal property or financial institution (bank) account. Meet List of land marshals.
• Fill out an application for wage, property or financial institution execution. Include exemption forms for judgment debtors (defendants) who are natural persons, and file with the courtroom.
• The following fillable forms are available on this website.
  1. Wage Execution Proceedings - Application, Order, Execution (class JD-CV-3)
  2. Exemption and Modification Claim Form, Wage Execution (course JD-CV-3a)
  3. Property Execution Proceedings - Application, Order, Execution (form JD-CV-5)
  4. Exemption Claim Form, Property Execution (grade JD-CV-5b)
  5. Financial Institution Execution Proceedings - Judgment Debtor Who is a Natural Person, Application and Execution (grade JD-CV-24)
  6. Exemption Claim Form, Financial Institution Execution (grade JD-CV-24a)
  7. Financial Institution Execution Proceedings Judgment Debtor Who is Not a Natural Person, Awarding and Execution (form JD-CV-24N)
• An execution authorizes a land marshal to adhere the judgment debtor'south (defendant'southward) wages, nonexempt personal property or financial institution account. (This does non include existent estate.)
• There is a $105.00 fee for each application.
• Y'all can enforce a judgment upward to 10 years from the engagement of judgment.
• You may besides desire to review Forms you may demand to collect on a Civil Judgment on this website.

25. Can I appeal the decision?

• You cannot appeal a decision in a small claims court case.

26. Could a small claims judgment against me (the judgment debtor) touch on my credit rating or appear on my credit report?

27. When may a judgment lien be placed on real property (real estate)?

28. Must I tell the court when the judgment owed to me is paid in full?

• Yes. This is called a satisfaction of judgment and is a written observe that must be filed with the court when full payment has been fabricated. You must complete a Satisfaction of Judgment (class JD-CV-164) and file it with the court inside 90 days after total payment has been made. See section 24-xxx of the Connecticut Practice Volume.

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Pocket-sized Claims Case Lookup

29. How can I find out data about a small claims case?

Small Claims case data may exist searched by: party name, docket number, and attorney/business firm juris number, amidst other search options.
Case information for pocket-sized claims matters filed with Centralized Small Claims prior to September one, 2022 that accept not been transferred to the small claims docket in a judicial district or housing session and assigned a new docket number are available online through the Centralized Modest Claims Case Look-upwardly.

Case information for small claims matters filed on and after September 1, 2017, and any cases filed prior to that date that take been transferred to the small claims docket in a judicial commune or housing session are bachelor through the Superior Court Small-scale Claims Case Look-up.
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30. What data can I look upwards on a minor claims matter?

Yous can view information on a small claims matter including party names, appearance information, the amount of the claim filed, any judgment entered, a list of activity and documents filed, whatever scheduled hearing date, and disposition information. Documents in many modest claims cases can also be viewed on the public website. For more data, go to the Modest Claims Session folio.
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Source: https://www.jud.ct.gov/faq/smallclaims.html

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