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R.I.G.L. 10-16-1. Actions subject to chapter. In all ex contractual civil actions and in any action to recover the amount of any tax for money only not in excess of two thousand five hundred ($2,500), exclusive of interest and costs, and in all actions or suits to recover damages resulting from a retain sale of tangible personal property to a member of the general public or from services rendered to a member of the general public in which the plaintiff seeks to recover an amount of money only not in excess of two thousand five hundred dollars ($2,500) exclusive of interest and costs, the procedure shall, at the plaintiff’s election, shown by his waiver of appeal, be as provided by this chapter. This pamphlet has been prepared as a public service by a committee composed of attorneys, judges and court personnel. It reflects the law as of January 1988. However, it is intended to illustrate the Small Claims procedure, not to deal with every situation. It is not a substitute for obtaining advice from an attorney. Every case is different, and this booklet is being provided as a general guide for your assistance. Also, this booklet cannot anticipate future changes in the law, or future interpretations of law by the Supreme Court. The names of individuals and businesses used in the examples are fictitious, and any resemblance to any person or business is purely coincidental.
WHAT IS SMALL CLAIMS COURT? The Small Claims Court is designed to dispense speedy and final justice. There is a small filing fee and a charge for postage, set by the Legislature. The most you (the plaintiff) can sue for is $2,500. If you (the defendant) are being sued you can sue the plaintiff for up to $2,500. This is called a counterclaim. Before you decide to use the Small Claims Court you should know that there are certain disadvantages:
EXAMPLES OF CASES THAT CANNOT BE HANDLED IN SMALL CLAIMS COURT:
EXAMPLE: John paints Mary’s house and charges $4,000. Mary refuses to pay. John cannot sue Mary in four different cases for $1,000 each for each side of the house. EXAMPLES OF CASES THAT ARE HANDLED IN SMALL CLAIMS COURT:
Now, let us look at a typical Small Claims case from start to finish, to explain the process.
The Jiffy Painting Case (Example case) Mary hires Jiffy Painting Company to paint her house. Sam is the owner of Jiffy Painting Company. They agree that the total cost will be $1,500 to be paid in three installments of $500 each. Mary pays the first $500. Sam paints the house, and comes to collect the balance of $1,000. Meanwhile, Mary has noticed that the paint is peeling and turning color. Mary refuses to pay the $1,000. Mary is very angry. She calls her next door neighbor, Barbara, who comes over and looks at the paint job. Barbara says, "I am a secretary, but I know that a house should not peel and turn color one week after it has been painted." Mary calls another painter, William Goodman, to come and look at the house. Mr. Goodman says, "I have been in the painting business for twenty years and this is the worst paint job I have ever seen." Mr. Goodman gets up on a ladder and looks at the house. He also scrapes off several patches of paint. He calls Mary a few days later and says, "I have some bad news. Jiffy Painting Company used the wrong kind of paint. It is not even house paint and should not be used outdoors. The paint will have to be scraped off the house and that will cost $1,000. Meanwhile, Sam files a claim in Small Claims Court, seeking $1,000 plus court costs from Mary. Mary receives a copy of Sam’s claim in the mail. The claim form has instructions telling Mary how to proceed. Mary files an answer. Mary denies that she owes the $1,000. She further states that she wants the $500 back that she paid to Jiffy Painting Company, and wants an additional $1,000 to pay for scraping the paint off the house. Mary files her answer before the answer date shown on the defendant’s copy of the Small Claims Form. She sends one copy of her answer to the District Court and one copy to Jiffy Painting. Mary must file an answer by the answer date and appear on the trial date. If she does not do this, she will lose and Sam will win. There are two parts to Mary’s answer. There is a denial or defense (she does not owe $1,000) and a claim of her own (Jiffy owes Mary $1,500). This claim is called a counterclaim, and should be included in the answer. Mary calls Sam and tells Sam what Mr. Goodman has said. She asks Sam if they can settle the case. Sam says he will not ask for the $1,000 from Mary, but Sam wants to keep the $500 Mary has paid. He refuses to return the $500, and will not pay to have the house scraped. Mary will not agree to this. The case cannot be settled. On the trial date, Mary brings Mr. Goodman to court with her. She does not bring Barbara, her next door neighbor, because she is not an expert in house painting. Jiffy Painting (Sam) tells the Judge his side of the case. Mary asks questions and so does the Judge. Then, Mary tells the Judge her story, and Mr. Goodman tells the Judge his expert opinion about two things – the quality of the job and the fact that the house will have to be scraped and the cost of that work. Sam asks Mr. Goodman questions and so does the Judge. Mr. Goodman has to tell the Judge how long he has been a painter in order to establish that he is an expert. The Judge believes Mary and Mr. Goodman. The Judge enters a judgment against Sam for $500, and for $1,000 for the scraping for a total of $1,500. Mary now has a judgment for $1,500. The Judge tells Mary that she is lucky to have brought an expert such as Mr. Goodman with her. If Mary had not brought Mr. Goodman, the Judge would not have been able to award Mary the $1,000 for the scraping because he needed to have expert testimony. The Judge also tells Mary that it would not be enough to have brought in a letter, signed by Mr. Goodman, because it is necessary for the other party and the Judge to ask the expert witness questions. A few minutes later, Sam calls Mary over and tells her that he is willing to pay, but he cannot pay all at once. They agree that Sam will pay $100 per week until the total amount of $1,500 plus costs is paid in full. Mary takes the agreement (stipulation) to the Judge who signs it, and it becomes a court order. If Sam pays on schedule, Mary should notify the court in writing (a stipulation) that the judgment has been satisfied, and the case should be dismissed.
Suppose Sam had refused to pay. Mary would go to the Clerk’s Office in the division where the case was filed and the Clerk would giver her an execution (filing fee $10.00 execution). Mary would then take the execution to a sheriff or constable for a demand on Sam for payment. If Sam refused to pay, the sheriff or constable would return the execution indicating that Sam refused to pay the judgment. The next step is for Mary to go back and ask for a citation by writing a request on the back of her execution. She gives the citation to a sheriff or constable to serve on Sam. There is a hearing date on the citation. On that date Sam and Mary appear in court. The judge asks Sam questions about his assets and earnings. The Judge decides that Sam can pay $50 per week. An order is entered, ordering Sam to pay $50 per week until the sum of $1,500 is paid in full. Sam pays for a few months and then stops. Mary now applies for a contempt citation. Mary and Sam return to court. The Judge asks Sam why he has not been paying. If there is no reason for nonpayment (if the Judge finds that the non-payment is willful) the Judge can impose penalties on Sam, including putting him in jail. If Sam does not appear in court on either date (the citation or the contempt citation), the Judge will issue a body attachment, which means that Sam will be arrested and brought before a Judge. There are other procedures to collect your judgment. It may be advisable to engage an attorney to assist you from this point on. Now you have followed a Small Claims case and should have a better understanding of the process. The following are some pointers:
expert witness. Barbara, Mary’s neighbor, would not be an expert witness. She is a secretary, not a painter. She could testify to what she saw or heard, that the paint peeled and became discolored immediately. It is very important to bring an expert witness to court. It is not enough to bring a written statement or an estimate for repairs. This is called hearsay evidence. The opposing party and Judge are entitled to see your expert witness and ask him or her questions. If you have an opinion by an expert witness as to car repair, house repair, the cause of a problem or malfunction, you should bring that individual to court with you.
any writing that spells out the agreement by the parties to the lawsuit, bring those items with you. Also, if you have photographs that will assist the court, bring them, and bring any small objects that may illustrate your claim or defense.
Painting case, Mary had decided to sue Jiffy. She would call the Secretary of State’s office at 222-3040, 148 West River Street, Providence, RI 02904 to determine if Jiffy is a corporation. If it is, Mary will be given the name and address of the agent for service of process. The caption of the complaint would look like this: TO: JIFFY PAINTING CORP., Alice Wells, Esquire, Agent for service of process 16 Smith Street, Providence, RI If the business were not a corporation, the complaint would look like this: TO: JIFFY PAINTING CO. Sam Green, Proprietor
wants to sue in Small Claims Court, it may designate a representative to prosecute claims. This designation shall be in writing and filed with every claim. This applies to any close corporation with assets less than one million dollars. See R.I.G.L. 10-16-3.1. All other corporations must be represented by an attorney. An unincorporated business may be represented by an owner or a partner. This means that a doctor, dentist, or business person who is not incorporated, cannot send an employee into court to handle the case. The doctor, dentist, or business person must appear in person, or hire an attorney.
the plaintiff lives or the division where the defendant lives. If a corporation is the plaintiff, it must file in the division where the defendant lives. There is a list on the back cover of this pamphlet, setting out all the divisions of the District Court and their addresses. There is also a list of Sheriffs’ Offices on the inside back cover.
recover damages against the seller and/or manufacturer of that product, if the defendant is defaulted for failure to answer and defend, the judgment of the District Court will be final. There is no right to appeal.
defend the case on the In al date and lose, you can still appeal to Superior Court. (R.I.G.L. 10-16-14).
be the same as for an in-state defendant.
you legal advice. They can give you information, but they can not fill out your form for you, or advise you how to handle your case. For further information and instructions, refer to instructions on the back of Pages 2 & 4 of the Claims form available in the Clerk’s Office.
case. Call or write to the other party, and explain to him or her why you think there is a problem. Listen to the other person’s point of view. In very few cases is one person totally right and one person totally wrong. If you have to file a case, there is still a possibility of settlement. If the parties agree, the settlement should be in writing, signed by both parties. It should be presented to a Judge on the trial date for signature. This makes it a court order that can be enforced.
date and send a copy to the plaintiff or the plaintiff’s attorney if one is listed. If you do not do this, the plaintiff will win, and a judgment will enter for the full amount that the plaintiff is seeking. The plaintiff will not need to go to court, or to put on any evidence. If you do not agree with the plaintiff’s claim, or the amount of the claim, to protect yourself you must file an answer, setting forth your position. You must also come to court on the trial date. If you file an answer but do not appear in court for the trial, the plaintiff will win.
order a person to do something, or to stop doing something. For example, the Judge cannot order a person to move a fence, to stop making noise, or to keep working on your car until it is repaired properly. You must be able to translate your harm into a dollar amount. Almost always it is necessary to present expert testimony to establish the value of your loss. You will need an expert to establish the cause of your problem (faulty repair) and the dollar amount of your injury (the cost to repair the item correctly). Do not bring an estimate, or a written statement, even if that statement is in the form of a sworn affidavit. You can not guess at or estimate your damage, or ask the Judge to guess at it.
attorney if one is listed, or to the party. Do not send the payments to the District Court. All payments should be by check or money order so that there will be a record of payment. Keep all receipts and records of payment.
Claims Court (the plaintiff) gives up the right to appeal. There is a waiver on the Small Claims form that is signed by the plaintiff or the plaintiff’s attorney that states this. The person being sued (the defendant) can appeal the decision by filing an appeal form at the District Court Clerk’s Office within two days, exclusive of Saturdays, Sundays and legal holidays, after judgment is entered. There is an appeal fee of $25.00 or the costs of suit, whichever is greater. If the plaintiff has an attorney, there is an additional $50.00 fee to appeal which is paid to the plaintiff’s attorney. The case is transferred to Superior Court where there will be a new hearing. If the defendant files a counterclaim, he or she is treated like a plaintiff on the counterclaim, and the defendant cannot appeal an adverse decision on the counterclaim. However, the original plaintiff can appeal a decision on a counterclaim. If an appeal is filed, both plaintiff and defendant should consider hiring an attorney. THERE MAY BE AN ALTERNATIVE
For Pre or Post Filing Mediation: Community Mediation Center of Rhode Island, Inc.
Better Business Bureau of Eastern MA, ME, RI and VT Office of Consumer Protection
DIRECTORY OF SHERIFF’S OFFICES
Providence County Kent County Sheriff’s Department
Newport County Sheriff’s Department
Washington County Sheriff’s Department *TTY users may call through Relay RI 1-800-745-5555
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