Settlements are to be encouraged in every instance. Every
attempt by both parties should be made in "good faith" to settle
this claim either before the trial date or on the day of trial.
If the case is settled before the trial date, a written
settlement stipulation, signed by all parties should be filed
with the Court. If you settle on the day of the trial, but
before the hearing, notify a sheriff or clerk in the courtroom
and the judge will enter a settlement stipulation. Payments
should be made to the party, not the clerk’s office.
WHAT IS THE SMALL CLAIMS COURT?
It is a session of the District Court designed for cases
where the plaintiff is claiming $1,500.00 or less based on a
contract, or the collection of a tax, or on a retail sale or
service. Personal injury cases and cases relating to damages
incurred in auto or other accidents are not heard in Small
Claims Court. The court has adopted simple procedures for
handling these cases, as well as specifically designed forms
that do not require legal training to understand.
DO I NEED AN ATTORNEY?
Every aspect of the Small Claims Court has been designed to
permit a person to handle his or her own case from start to
finish. However, if you want an attorney, you can hire your own.
HOW MUCH DOES IT COST TO USE THE SMALL CLAIMS COURT?
The basic fee for using the court is $30.00, plus the cost of
certified postage. The clerk sends the papers to the defendant
by certified mail. Once in a while this is unsuccessful. If that
happens, then you will have to have a sheriff or constable serve
the papers, and the sheriff or constable will charge you a fee
for this service. The clerk can tell you how to get a sheriff or
constable. If you win the case, you are entitled to recover the
costs from the defendant. You should contact the Small Claims
Clerk for complete information on fees.
CAN I APPEAL THE CASE IF I LOSE?
No. A plaintiff can appeal only an adverse decision on a
counterclaim.
CAN THE DEFENDANT APPEAL THE CASE?
Yes. The defendant can appeal, except there is no appeal from
an adverse decision on a counterclaim.
WHO COMPLETES THE SMALL CLAIMS FORM?
The plaintiff.
WHAT SHOULD I DO BEFORE I GO TO THE CLERK’S OFFICE TO FILE
THE CLAIM?
- Review the information on the front of the form.
- Make sure that you have the correct name and address
of the
defendant(s). If you think that the defendant is a
corporation, you should call or write the Secretary of State’s
Office (Corporation Division), 270 Westminster Mall, Providence,
RI 02903, 277-3040, to find out the name of the corporation and
the name and address of the Agent for Service. If the company is
not a corporation, use the name of the owner and the business
name.
HOW DO I FIND OUT WHERE TO FILE THE CLAIM?
You can go to the District Court division serving the city or
town where the plaintiff or the defendant resides. However, if
the plaintiff is a corporation, then the small claim must be
filed in the division of the District Court serving the city or
town where the defendant lives. If the defendant lives out of
state, you should go to the District Court division serving the
city or town where the plaintiff lives.
WHAT HAPPENS AFTER I FILE THE CLAIM?
The clerk will assign a date by which the defendant has to
answer in writing to your claim (this is called the ANSWER
DATE). The clerk then mails a copy to the defendant. It is
your responsibility to call the clerk the day after the
ANSWER DATE to find out if the defendant filed an Answer.
The clerk will also set a TRIAL DATE. Only if the
defendant files an Answer do you have to go to Court on the
TRIAL DATE.
WHAT HAPPENS IF THE DEFENDANT DOES NOT ANSWER THIS CLAIM BY
THE ANSWER DATE?
The court will assume that the defendant does not want to
contest your claim. This entitles you to have a judgment entered
in your favor upon the filing in court of a sworn Affidavit and
Proof of Claim and an Affidavit of Non-Military Service, if you
have not already done so at the time of filing your claim.
WILL I HAVE TO GO TO COURT IF THE DEFENDANT DOES NOT ANSWER?
No.
WHAT HAPPENS IF THE DEFENDANT FILES AN ANSWER?
The court will know that the defendant disagrees with the
claim and that it will be necessary to have a trial. The
defendant should mail a copy of the Answer to the plaintiff or
the plaintiff’s attorney, if one is listed. It is the
responsibility of the plaintiff or his/her attorney, of one is
listed, to call the clerk the day after the ANSWER DATE
to see if an Answer was filed with the court.
WHAT WILL HAPPEN ON THE DAY I HAVE TO GO TO COURT?
HOW SHOULD I PREPARE FOR TRIAL?
On the day of trial it is essential that you bring all your
witnesses and papers (bills, invoices, checks, etc.) involved to
court with you. This includes any defective or damaged goods or
pictures that can be brought to court. If you have a document,
which requires expert testimony, such as an estimate, repair
bill or an opinion as to the cause of the damage or malfunction,
you must bring the person who prepared it to court with you as a
witness. It is not enough to bring a written statement or a
sworn affidavit. You should notify your witnesses as soon as you
know the trial date, and it might be helpful to make a brief
outline of your case for your own use. However, the small claims
procedures are designed to be informal and a clear presentation
of your position is most important. The burden of proof is on
the plaintiff to prove his or her case.
The plaintiff will tell his/her side of the case first. When
the plaintiff has finished, the defendant will be given an
opportunity to ask the plaintiff or his/her witness questions
about the testimony or evidence. Then the defendant will be
asked to present his/her side of the case. When the defendant is
finished, the plaintiff will have an opportunity to ask
questions.
WHAT IF I CAN’T GET A WITNESS TO COME TO COURT?
The clerk will give you a subpoena to compel the witness to
come to court. There is no fee for the subpoena, but you will
have to pay a fee to a sheriff or constable to have the subpoena
served.
WHAT HAPPENS IF I WIN THE CASE?
- Discuss the case with the defendant regarding the
possibility of
payment without further legal proceedings. Your
agreement should be put into writing and signed by both
parties and a judge.
- If this is not successful, there are various steps
you can take:
- Ask the Clerk to issue you an Execution form,
which allows you to collect your judgment.
- Give the Execution to a sheriff or constable who
will make a demand for payment on the defendant, or
- If an Execution has been served on the defendant
and the defendant refuses to pay, you may apply for
a Citation to bring the defendant into court for a
hearing. The judge will set a payment plan based on
the defendant’s ability to pay, or
- Use the Execution to create a lien (levy) on the
defendant’s real estate or personal property which
is not exempt under the law, or
- Attach the defendant’s bank accounts, or
- File a Motion to Attach (garnish) Defendant’s
Wages, and after it has been granted by a judge,
obtain from the clerk a Writ of Attachment and serve
it on the defendant’s employer, or
- Consult an attorney for the purpose of
collection of your judgment.
