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Small Claims

Small Claims
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How Pocket-sized Claims Courtroom Works (JDP-CV-45)
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Where to File Small-scale Claims and Small Claims Housing Matters- Pocket-size Claims Court Facility past Town (pre-ten/16/17)
Where to File Pocket-size Claims and Small-scale Claims Housing Matters (effective 10/sixteen/17)

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Full general Questions

1. What is Small Claims Court?
2. What cases belong in Small Claims Courtroom?
3. What cases practise not belong in Pocket-sized Claims Court?
4. How long do I have to start a pocket-size claims example? (Called the Statute of Limitations)
5. Can an out-of-state private or business concern file a claim in Connecticut?
6. How practise I first a small claims case?
7. How much does it cost to start a pocket-sized claims example?
8. Where do I go to file a small claims case?

Suing Unlike Types of Defendants

9. How do I find out if the defendant is a corporation, limited liability company (LLC), a partnership or a DBA (doing business equally)?
10. Practise I have to use the defendant's total name?
11. What if the defendant resides out of the state of Connecticut?
12. What do I do if I want to sue an out-of-state business organization entity?

Filing Fees, Court Papers and Court Dates

13. Fill up out Pocket-size Claims Writ and Observe of Accommodate (form JD-CV-forty) - Slidecast
14. Fill out Statement of Service (Commitment) Small Claims (form JD-CV-123) - Slidecast
15. How do I serve (evangelize) a pocket-sized claims example on the defendant(due south)?
16. What happens after the answer date has passed?
17. When is a war machine affidavit well-nigh the defendant required to get a judgment?
18. Where can I get more information?

Defendant's Options

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

Your Day in Court

21. Can I have a jury trial?
22. Are small claims cases decided by judges?
23. What is an ODR settlement briefing?

Judgment and Postal service Judgment Action

24. How do I collect money if I win my example?
25. Can I appeal the determination?
26. Could a small claims judgment against me (the defendant/ judgment debtor) touch my credit rating or appear on my credit report?
27. When may a judgment lien be placed on real property (existent manor)?
28. Must I tell the court when the judgment owed to me is paid in full?

Minor Claims Instance Lookup

29. How tin I find out information about a small claims case?
30. What information tin can I look up on a small-scale claims matter?

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General Questions

one. What is Minor Claims Court?

• Small Claims Court is a part of Connecticut's courtroom system where a person can sue for money damages only upward to $v,000.00. That amount is set by state law and may alter from fourth dimension to time. You may also be able to get involvement and costs. You may exist able to become more $five,000.00 if you are suing for the render of security deposit. When a tenant (renter) of a residential existent estate property sues a landlord to go back a wrongfully withheld security deposit, the tenant may be awarded twice the corporeality of the security eolith fifty-fifty if the total amount of damages and costs, combined, is greater than $5,000.00. Run into sections 51-fifteen (d) and 47a-21 of the Connecticut General Statutes.
• You do not need an attorney.
• Small claims cases are more often than not heard and decided by Magistrates, who are lawyers appointed by the Chief Court Administrator. For more information, see department 51-193l of the Connecticut General Statutes. Small Claims cases may also exist heard by judges or judge trial referees. Y'all may run across magistrates or judges referred to as "judicial government."
• Simple rules of bear witness apply, instead of circuitous rules.
• In that location is no transcript of the trial; it is not recorded.
• At that place is no correct to appeal the decision.

two. What cases vest in Small Claims Court?

• back rent;
• return of security eolith;
• broken or damaged holding;
• unpaid claims;
• motor vehicle accidents;
• breach of a written or verbal contract;
• doc/infirmary bills for medical treatment;
• other claims asking for $five,000.00 or less.

3. What cases exercise not belong in Small Claims Courtroom?

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

four. How long do I have to outset a modest claims case? (Called the Statute of Limitations)

five. Can an out-of-country private or business file a claim in Connecticut?

• Yes. Yet, the individual or business may exist required to attend court hearings if the defendant contests whatever of the proceedings or if the court determines that the business or individual'south presence is necessary.

half dozen. How do I start a pocket-sized claims case?

• Use the courtroom form Small Claims Writ and Detect of Accommodate (form JD-CV-40). Blazon or neatly print your data on the forms. Read the "Instructions to Plaintiff" department on form JD-CV-twoscore to help you complete the Small Claims Writ and Notice of Arrange. For more information, view the How-To Program for filling out Small Claims Writ and Discover of Suit (JD-CV-forty).
• Forms are bachelor online or in any court location that handles small-scale claims cases. For information on the courtroom location that handles small claims matters for your town and the accost and telephone number of the court see Where to File Pocket-sized Claims Matters.
• The person starting the example is called the plaintiff; the person being sued is chosen the accused. Later the case is decided, the person who is awarded coin is called the "judgment creditor" and the person who is ordered to pay the money is called the "judgment debtor."
• If in that location are more plaintiffs or defendants than will fit on the Modest Claims Writ and Notice of Suit (grade JD-CV-forty), you must fill out and attach the Continuation of Parties (form JD-CV-67) to the Small Claims Writ and Notice of Conform.
• Your signature must be notarized. Your signature may be notarized by the Court Clerk, a Notary Public, or a Commissioner of the Superior Courtroom (any Connecticut attorney). In guild to have your signature notarized, you lot must sign the Small Claims Writ and Notice of Adapt (form JD-CV-twoscore) in front end of the person who is notarizing it. Yous must besides clearly impress your name clearly and title, if you have a championship, in the box provided. Your oath must be taken at the time you sign the form and the person who took your oath (the Clerk, a Notary, or a Commissioner of the Superior Court) must also sign it.

7. How much does it cost to outset a small claims case?

• At that place is a $95.00 entry (filing) fee.
• You must pay the Court Clerk with greenbacks, or with a check or money order made out to "Clerk of the Superior Court." If you pay in person, you may besides pay by MasterCard or Visa.
• If you mitt-evangelize the claim to the court, and yous programme to pay with a personal check, bring a valid country issued photo I.D., your photo driver's license; U.S. passport; or Military I.D.
• If you win your case, the entry fee and your costs of service will be added to the judgment against the defendant.

8. Where do I go to file a small claims case?

• Small Claims cases must be filed in a venue (courtroom) designated by the Principal Court Administrator.
• If you lot are an Individual Plaintiff, yous may file in the court handling small claims matters for the urban center or boondocks: (a) where you live, (b) where the defendant lives or where the defendant's business is located, or (c) where the transaction or injury occurred.
• If you are a Business organization Entity, including a domestic or The states corporation or a express liability company, you may file in the court handling small claims matters for the metropolis or town: (a) where the defendant lives, (b) where the accused is doing business organization, 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 telephone number of the courtroom see Where to File Small Claims Matters.
• For landlord-tenant matters, you must file in the housing session where the belongings is located, if one exists. If in that location is no housing session for the location where the belongings is located, you must file in the judicial district where the holding is located. To decide where yous should file your cases, see Housing Matters - Where to File.
• If you wish to file your case or other documents electronically, y'all must sign-up for Judicial Branch Eastward-Services. Click here for more than information on E-Services.

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Suing Different Types of Defendants

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

• Call the Secretary of the State at 860-509-6002 to notice out if it is a corporation or an LLC and to go its address.
• 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 role where the visitor is located to get the name of the business owner.

10. Exercise I accept to use the defendant's full name?

• Yes. Use the verbal, complete name of the person or business.
• If you leave out whatever part of the name, you may non be able to collect your money if you lot win the instance.
• Do not abridge whatsoever part of the name.

11. What if the defendant resides out of the state 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-country private owns property in Connecticut must exist included in the claim.

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

• Commencement you lot must notice out if the business entity has an agent for service in Connecticut by contacting the Secretarial assistant of the State at 860-509-6002.
• You must use a proper officeholder (for example a land align) to serve (deliver) the Small Claims Writ and Notice of Suit (grade JD-CV-40) on an out-of-state business organisation entity. Run across List of state marshals.

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Filing Fees, Court Papers and Courtroom Dates

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

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

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

• Unless you are hiring a proper officer (for example a state marshal) to serve (evangelize) the Small Claims Writ and Detect of Arrange (Writ) (form JD-CV-40) for y'all, you must deliver a copy of the completed original Writ to each defendant with the Instructions to Defendant (form JD-CV-121) before filing those documents with the court. See a description of acceptable delivery methods in the second role of this answer. You lot must evangelize to each defendant a copy of all the documents yous want to file with the court. In other words, all attachments to the original Writ must be delivered. Afterward all of those documents have been delivered, complete a Argument of Service (Commitment) Small Claims (Argument of Service) (form JD-CV-123), which explains to the court how you lot had the Writ delivered to each accused that you served. And so, file the original Writ and Statement of Service for each defendant, forth with copies of any 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 information on the Statement of Service (class JD-CV-123), see the following: How-To Plan to fill out Argument of Service (Delivery) Modest Claims (form JD-123).
• The plaintiff, or his or her representative, must serve (evangelize) the Small Claims Writ and Notice of Suit separately on each defendant using i of the iv methods listed below, except that for each accused who is an out-of-state entity (a business organized nether the laws of a state other than Connecticut), the plaintiff must pay a proper officeholder (for example, a land align) to serve the defendant as described in number four. In that location are special requirements for service on (delivery to) out-of-country insurance companies. The requirements are in Chapter 697, Championship 38a of the Connecticut General Statutes and you lot may find information on the Connecticut Insurance Section website.
  1. By priority mail with delivery confirmation: fill out a Pocket-size Claims Writ and Notice of Suit (Writ) (class JD-CV-twoscore) and attach copies of whatever 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 you have the delivery confirmation(s), complete a Statement of Service (Commitment) Small Merits (Statement of Service) (form JD-CV-123) for each accused you have served. And so, file the original Writ, Statement of Service and commitment confirmation for each defendant, along with copies of whatever exhibits or attachments, and the correct entry (filing) fee.
  2. Past certified mail, render receipt requested: fill out a Small Claims Writ and Notice of Adjust (Writ) (class JD-CV-forty) and attach copies of any related documents you desire to file with the Writ; go on 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 you receive the signed return receipt(s), consummate a Statement of Service (Delivery) Small Claims (Statement of Service) (form JD-CV-123) for each defendant yous take served. And then, file the original Writ, Statement of Service and signed return receipt(s) (green card) for each defendant with the court, forth with copies of any exhibits or attachments, and the correct entry (filing) fee.
  3. Past a nationally recognized courier service providing delivery confirmation: fill out a Small Claims Writ and Observe of Suit (Writ) (form JD-CV-40) and attach copies of any related documents y'all want to file with the Writ; go along the original Writ and documents and have a copy of the Writ and documents, and the Instructions to Accused (form JD-CV-121) delivered to each defendant. When you receive the tracking data showing delivery, complete a Statement of Service (Commitment) Small Claims (Statement of Service) (class JD-CV-123) for each defendant you accept served. And so, file the original Writ, Statement of Service and the commitment confirmation for each accused with the courtroom, along with copies of whatever exhibits or attachments, and the correct entry (filing) fee.
  4. Past a proper officer, for example, a marshal: fill up out a Minor Claims Writ and Notice of Accommodate (Writ) (form JD-CV-40) and attach copies of whatsoever related documents you want to file with the Writ; go on a copy of the Writ and the originals of other documents; give the original Writ with fastened documents, and the Instructions to Accused (form JD-CV-121) to the officer to serve (deliver); subsequently the officeholder serves (delivers) the Pocket-size Claims Writ and Detect of Conform, 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 Claims Writ and Find of Suit (form JD-CV-xl) must be returned to the court not later than 1 month after the appointment of service.
• When the clerk receives the Minor Claims Writ and Notice of Arrange (form JD-CV-40) the clerk will set an reply appointment (appointment by which the defendant(due south) must answer to the complaint) and volition send a notice to all plaintiffs or their representatives of the docket (case) number and answer date. The clerk will also send an reply form that includes the docket number and answer date to each defendant at the address provided by the plaintiff.

16. What happens after the reply appointment has passed?

• Neither party needs to do anything at this point. The file will be reviewed by a magistrate who will decide if a conclusion tin be made without a trial or if the case needs to be scheduled for a trial.

17. When is a armed forces affirmation about the defendant required to get a judgment?

• If the defendant in your case is a person, you must say, nether oath, whether the accused is or is non in the military or naval service and how yous know that. You will not be able to get a decision against a defendant who has not filed an respond unless you file an affirmation (a paper signed under oath) with the court that states facts showing that the defendant is not in the armed forces or naval service.
• You tin discover out if defendant is in the military or naval service from the U.S. Section of Defense - Defense Manpower Information Center by using the following website if you lot take the first and concluding name of the person and the person's date of birth or the person'due south social security number. The website is: https://scra.dmdc.osd.mil/. This web accost must exist typed exactly, including the "south" after the http. You may become a warning stating that in that location is a trouble with this website's security certificate. This website is hosted by the U.South. Department of Defense.
• If you do not know the defendant's date of nascency or social security number, you lot will have to find out the defendant's armed forces status past request a person who knows the accused well to fill out an affidavit (written statement under oath), or by giving the place of the defendant's full time employment in an affirmation of your own. For the affidavit, y'all can use court form Affidavit Concerning Military Service (form JD-FM-178).

18. Where can I get more information?

• Review the PDF booklet, How Small Claims Works (form JDP-CV-45), which is besides available in printed form in every clerk'south part that handles pocket-size claims cases and in the Court Service Centers. From time to time information in this booklet may change, such every bit fees, court locations and phone numbers. Please check this website or contact the clerk's part to exist certain that you take the almost current information about fees, court locations and phone numbers.
• Ask the courtroom clerk for information. The clerk can requite you information. The clerk cannot give you legal advice.
• Talk to an attorney. Check an internet search engine, the Yellowish Pages or call your local Lawyer Referral Service (run by the local Bar Association). If yous are a depression income individual, The Statewide Legal Services of Connecticut, Inc. may exist able to help yous. Their price gratuitous number is 800-453-3320.
• Legal Clinics may also provide an opportunity to discuss your instance with an attorney. Information may be found at the Judicial Branch's Legal Clinics and Help page.
• Additional information on finding legal assist is bachelor on the Find Legal Help page.

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Defendant'due south Options

19. What do I do if I am sued in a small claims example and want to defend myself?

• File an answer on or before the answer date. The answer date will appear on the Answer course sent to you by the court. Make full out the Answer form and render information technology by mail, fax or mitt commitment to the clerk. Send a re-create to each attorney or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff and fill out the certification that you lot have done so.
• 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 not owe the money.
• Attach copies of any documents that support your claim. For example, you lot can attach receipts, letters, contracts or leases. Be sure that the documents you are filing do non incorporate personal identifying data, such as a social security number, credit bill of fare account number, banking concern account number or date of birth. You should to omit, remove (redact), or black-out personal identifying data before filing any document unless the information is required by law or court order.
• You may likewise file a motion to transfer the case to the regular courtroom docket, by completing a Small Claims - Motion to Transfer to the Regular Docket (form JD-CV-158). The movement must be filed according to the Connecticut Practice Volume in order to be granted. Come across section 24-21 of the Connecticut Practise Volume. The fee is $125.00.
• If you lot wish to file your answer or other documents electronically, yous must sign-upward for Judicial Co-operative E-Services. For more data on e-filing and E-Services, meet Eastward-File in Small Claims Matters.

20. When should I file a counterclaim?

• If you want to file a counterclaim, yous must do and then on or before the reply date or, if a judgment was entered against you, when a motion to open up judgment is granted.
• If you call back the plaintiff owes you money, y'all may say so in the counterclaim.
• In that location is a $95.00 filing fee for a counterclaim.
• You lot must pay the court clerk with greenbacks, or with a check or money lodge made out to "Clerk of the Superior Court." If you pay in person, yous may too pay by MasterCard or Visa.
• If you lot hand-deliver the counterclaim to the court, and yous plan to pay with a personal cheque, bring a valid state issued photo I.D., your photo driver's license; U.South. passport; or Military I.D.
• If you wish to file your counterclaim or other documents electronically, you must sign-upwardly for Judicial Branch Due east-Services. Click here for more information on Due east-Services.

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Your Twenty-four hour period in Courtroom

21. Can I have a jury trial?

• There are no jury trials in small claims.
• You lot may, still, asking a jury trial if you lot file a motion to transfer the example to the regular docket. Meet #19 to a higher place.

22. Are modest claims cases decided by judges?

23. What is an ODR settlement conference?

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Judgment and Post Judgment Activity

24. How practice I collect coin if I win my case?

• The courtroom does not collect the money for you, but yous can asking that the clerk issue an execution. An execution authorizes you lot to hire a state marshal to attach a judgment debtor's (defendant's) wages, nonexempt personal property or financial institution (bank) account. Run into List of state marshals.
• Fill out an awarding for wage, belongings or fiscal 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 (form JD-CV-three)
  2. Exemption and Modification Claim Form, Wage Execution (form JD-CV-3a)
  3. Property Execution Proceedings - Awarding, Guild, Execution (form JD-CV-5)
  4. Exemption Claim Form, Property Execution (form JD-CV-5b)
  5. Fiscal Establishment Execution Proceedings - Judgment Debtor Who is a Natural Person, Application and Execution (class JD-CV-24)
  6. Exemption Merits Form, Financial Institution Execution (form JD-CV-24a)
  7. Fiscal Establishment Execution Proceedings Judgment Debtor Who is Not a Natural Person, Application and Execution (form JD-CV-24N)
• An execution authorizes a state align to adhere the judgment debtor's (defendant's) wages, nonexempt personal property or financial institution account. (This does non include real estate.)
• There is a $105.00 fee for each application.
• You can enforce a judgment upwards to 10 years from the date of judgment.
• Yous may besides want to review Forms you may demand to collect on a Civil Judgment on this website.

25. Tin I appeal the decision?

• Yous cannot appeal a determination in a small claims court case.

26. Could a pocket-size claims judgment against me (the judgment debtor) affect my credit rating or appear on my credit report?

27. When may a judgment lien exist placed on real property (existent 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 notice that must be filed with the court when full payment has been fabricated. You must consummate a Satisfaction of Judgment (form JD-CV-164) and file it with the court within 90 days after full payment has been made. See section 24-30 of the Connecticut Practice Book.

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Modest Claims Case Lookup

29. How can I detect out information about a small-scale claims case?

Small Claims example data may exist searched past: party proper name, docket number, and attorney/firm juris number, among other search options.
Case data for small claims matters filed with Centralized Modest Claims prior to September 1, 2017 that accept not been transferred to the small claims docket in a judicial commune or housing session and assigned a new docket number are bachelor online through the Centralized Minor Claims Instance Look-upward.

Case information for pocket-sized claims matters filed on and after September i, 2017, and any cases filed prior to that date that accept been transferred to the small claims docket in a judicial district or housing session are available through the Superior Court Small-scale Claims Instance Await-up.
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thirty. What data can I await up on a small-scale claims affair?

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

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