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Minor Claims

Small Claims
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How Small Claims Courtroom Works (JDP-CV-45)
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Where to File Small Claims and Small Claims Housing Matters (effective x/16/17)

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General Questions

1. What is Small Claims Courtroom?
2. What cases vest in Small-scale Claims Court?
3. What cases do not belong in Small Claims Court?
4. How long do I have to starting time a minor claims case? (Called the Statute of Limitations)
5. Can an out-of-state individual or business concern file a claim in Connecticut?
6. How do I offset a modest claims case?
7. How much does information technology toll to start a small claims case?
8. Where practice I go to file a small claims example?

Suing Dissimilar Types of Defendants

9. How practice I observe out if the defendant is a corporation, limited liability company (LLC), a partnership or a DBA (doing business as)?
10. Exercise I have to use the defendant'south total proper name?
11. What if the defendant resides out of the land of Connecticut?
12. What do I practise if I want to sue an out-of-state business entity?

Filing Fees, Courtroom Papers and Court Dates

13. Make full out Small-scale Claims Writ and Detect of Suit (form JD-CV-twoscore) - Slidecast
14. Fill out Argument of Service (Commitment) Small Claims (class JD-CV-123) - Slidecast
15. How do I serve (evangelize) a small claims case on the defendant(s)?
16. What happens after the respond date has passed?
17. When is a military affidavit about the defendant required to get a judgment?
18. Where tin I get more data?

Accused's Options

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

Your Mean solar day in Court

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

Judgment and Post Judgment Activity

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

Pocket-sized Claims Case Lookup

29. How can I detect out information almost a minor claims case?
30. What information can I look upwards on a small claims thing?

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General Questions

1. What is Small Claims Court?

• Minor Claims Court is a part of Connecticut's court organisation where a person can sue for money damages just up to $five,000.00. That amount is ready by state police force and may alter from time to time. You may also be able to become interest and costs. You may exist able to get more than $five,000.00 if yous are suing for the return of security deposit. When a tenant (renter) of a residential existent estate property sues a landlord to become back a wrongfully withheld security eolith, 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 $5,000.00. See sections 51-xv (d) and 47a-21 of the Connecticut General Statutes.
• You do not demand an attorney.
• Pocket-sized claims cases are mostly heard and decided by Magistrates, who are lawyers appointed by the Chief Courtroom Administrator. For more information, run across section 51-193l of the Connecticut General Statutes. Small Claims cases may also be heard by judges or estimate trial referees. You may run into magistrates or judges referred to as "judicial authorities."
• Simple rules of evidence apply, instead of complex rules.
• In that location is no transcript of the trial; it is non recorded.
• In that location is no right to entreatment the decision.

2. What cases vest in Small Claims Court?

• back rent;
• return of security deposit;
• broken or damaged property;
• unpaid claims;
• motor vehicle accidents;
• alienation of a written or verbal contract;
• doctor/hospital bills for medical handling;
• other claims asking for $5,000.00 or less.

3. What cases do non belong in Pocket-size Claims Court?

• libel or slander;
• damage to your reputation;
• name calling;
• any claims asking for more $5,000.00 (run into #1, in a higher place, for explanation of cases in which the plaintiff may exist awarded more than $5,000.00).

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

v. Can an out-of-land private or business file a merits in Connecticut?

• Yes. However, the individual or business may be required to attend courtroom hearings if the accused contests whatever of the proceedings or if the court determines that the business or individual's presence is necessary.

6. How do I start a modest claims case?

• Use the courtroom course Modest Claims Writ and Notice of Suit (grade JD-CV-twoscore). Type or neatly print your information on the forms. Read the "Instructions to Plaintiff" section on form JD-CV-40 to aid you complete the Modest Claims Writ and Notice of Suit. For more data, view the How-To Program for filling out Minor Claims Writ and Notice of Adjust (JD-CV-40).
• Forms are available online or in any court location that handles small claims cases. For information on the court location that handles modest claims matters for your town and the accost and phone number of the court see Where to File Small Claims Matters.
• The person starting the case is called the plaintiff; the person being sued is chosen the defendant. Later on the case is decided, the person who is awarded money is chosen the "judgment creditor" and the person who is ordered to pay the money is called the "judgment debtor."
• If there are more plaintiffs or defendants than volition fit on the Small Claims Writ and Observe of Adapt (form JD-CV-twoscore), you must fill up out and attach the Continuation of Parties (class JD-CV-67) to the Small Claims Writ and Discover of Adapt.
• Your signature must exist notarized. Your signature may be notarized past the Court Clerk, a Notary Public, or a Commissioner of the Superior Court (whatsoever Connecticut attorney). In gild to have your signature notarized, you must sign the Small Claims Writ and Observe of Suit (form JD-CV-40) in front of the person who is notarizing it. You must also conspicuously impress your proper name clearly and championship, if you accept 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 Courtroom) must besides sign it.

7. How much does it cost to start a minor claims case?

• There is a $95.00 entry (filing) fee.
• You must pay the Court Clerk with cash, or with a bank check or money order made out to "Clerk of the Superior Court." If you pay in person, you lot may also pay past MasterCard or Visa.
• If yous hand-deliver the claim to the court, and you plan to pay with a personal check, bring a valid land issued photograph I.D., your photograph driver'southward license; U.S. passport; or Military I.D.
• If you win your example, the entry fee and your costs of service will exist added to the judgment against the defendant.

8. Where practise I become to file a minor claims case?

• Small Claims cases must be filed in a venue (court) designated past the Chief Court Administrator.
• If you lot are an Private Plaintiff, yous may file in the court handling small claims matters for the city or town: (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 Concern Entity, including a domestic or Usa corporation or a limited liability company, you may file in the court treatment modest claims matters for the city or boondocks: (a) where the defendant lives, (b) where the accused is doing concern, or (c) where the transaction or injury occurred.
• For information on the courtroom location that handles small claims matters for your town and the address and phone number of the court run into 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 there is no housing session for the location where the property is located, you must file in the judicial district where the belongings is located. To determine where you should file your cases, run across Housing Matters - Where to File.
• If you wish to file your case or other documents electronically, you must sign-upward for Judicial Branch E-Services. Click here for more information on E-Services.

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Suing Unlike Types of Defendants

9. How do I discover out if the defendant is a corporation, express liability company (LLC), a partnership or a DBA (doing business organization as)?

• Phone call the Secretary of the Land at 860-509-6002 to find out if it is a corporation or an LLC and to get its address.
• If the defendant is non 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 go the name of the business possessor.

10. Exercise I have to use the accused'southward total name?

• Yes. Apply the verbal, complete proper noun of the person or business.
• If you go out out any part of the proper noun, y'all may not be able to collect your coin if you win the instance.
• Do not abbreviate any office of the name.

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

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

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

• First yous must find out if the business entity has an amanuensis for service in Connecticut by contacting the Secretary of the State at 860-509-6002.
• You lot must use a proper officer (for instance a state marshal) to serve (evangelize) the Small Claims Writ and Observe of Arrange (form JD-CV-twoscore) on an out-of-land business entity. See List of state marshals.

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Filing Fees, Court Papers and Court Dates

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

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

15. How do I serve (deliver) a small claims instance on the accused(s)?

• Unless you are hiring a proper officer (for example a state marshal) to serve (deliver) the Small Claims Writ and Discover of Suit (Writ) (form JD-CV-40) for you, you must deliver a re-create of the completed original Writ to each defendant with the Instructions to Defendant (class JD-CV-121) before filing those documents with the court. Meet a description of acceptable delivery methods in the second office of this reply. Yous must deliver 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. 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 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. Keep a copy of all documents for your records, forth with the originals of any exhibits or attachments. For more information on the Statement of Service (course JD-CV-123), see the post-obit: How-To Program to fill up out Statement of Service (Delivery) Pocket-size Claims (class JD-123).
• The plaintiff, or his or her representative, must serve (evangelize) the Small Claims Writ and Find of Suit separately on each defendant using 1 of the 4 methods listed below, except that for each defendant who is an out-of-state entity (a business organization organized under the laws of a land other than Connecticut), the plaintiff must pay a proper officer (for example, a state align) to serve the defendant as described in number 4. There are special requirements for service on (delivery to) out-of-land insurance companies. The requirements are in Chapter 697, Championship 38a of the Connecticut Full general Statutes and y'all may find information on the Connecticut Insurance Section website.
  1. By priority mail with delivery confirmation: fill up out a Small Claims Writ and Find of Adapt (Writ) (form JD-CV-40) and attach copies of any related documents you want to file with the Writ; keep the original Writ and documents and postal service a copy of the Writ and documents, and the Instructions to Defendant (class JD-CV-121) to each defendant. When you have the commitment confirmation(south), complete a Statement of Service (Delivery) Small Merits (Argument of Service) (grade JD-CV-123) for each defendant you have served. Then, file the original Writ, Statement of Service and delivery confirmation for each accused, forth with copies of whatever exhibits or attachments, and the correct entry (filing) fee.
  2. By certified mail service, return receipt requested: make full out a Small Claims Writ and Discover of Suit (Writ) (form JD-CV-40) and attach copies of any related documents yous want to file with the Writ; keep the original Writ and documents and postal service a copy of the Writ and documents, and the Instructions to Accused (form JD-CV-121) to each defendant. When you receive the signed render receipt(due south), complete a Argument of Service (Delivery) Modest Claims (Statement of Service) (form JD-CV-123) for each defendant y'all take served. And then, file the original Writ, Argument of Service and signed return receipt(s) (green card) for each defendant with the court, along with copies of any exhibits or attachments, and the right entry (filing) fee.
  3. By a nationally recognized courier service providing delivery confirmation: fill out a Small Claims Writ and Detect of Arrange (Writ) (class JD-CV-xl) and attach copies of any related documents you want to file with the Writ; continue the original Writ and documents and have a copy of the Writ and documents, and the Instructions to Defendant (class JD-CV-121) delivered to each defendant. When you receive the tracking information showing commitment, complete a Statement of Service (Delivery) Small Claims (Statement of Service) (course JD-CV-123) for each accused y'all have served. Then, file the original Writ, Argument of Service and the delivery confirmation for each defendant with the court, along with copies of any exhibits or attachments, and the right entry (filing) fee.
  4. Past a proper officeholder, for case, a align: fill out a Small Claims Writ and Detect of Arrange (Writ) (form JD-CV-40) and attach copies of any 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 Accused (form JD-CV-121) to the officer to serve (deliver); after the officer serves (delivers) the Small Claims Writ and Notice 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 Claims Writ and Notice of Suit (form JD-CV-twoscore) must be returned to the court non later on than 1 month later the date of service.
• When the clerk receives the Small Claims Writ and Detect of Arrange (form JD-CV-40) the clerk will set an respond date (date by which the defendant(s) must answer to the complaint) and will send a discover to all plaintiffs or their representatives of the docket (instance) number and answer date. The clerk will also send an respond form that includes the docket number and reply date to each defendant at the address provided by the plaintiff.

16. What happens later on the reply date has passed?

• Neither party needs to do anything at this bespeak. The file volition be reviewed past a magistrate who will determine if a decision tin can exist made without a trial or if the instance needs to be scheduled for a trial.

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

• If the defendant in your case is a person, you must say, under oath, whether the defendant is or is not in the armed services or naval service and how yous know that. You volition not be able to get a determination confronting a defendant who has not filed an respond unless you file an affidavit (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 find out if defendant is in the military or naval service from the U.South. Section of Defense - Defence force Manpower Data Heart by using the following website if you have the first and last name of the person and the person's date of birth or the person's social security number. The website is: https://scra.dmdc.osd.mil/. This web accost must be typed exactly, including the "s" after the http. Yous may get a alert stating that there is a trouble with this website'southward security certificate. This website is hosted by the U.S. Department of Defense.
• If you do not know the defendant's engagement of nativity or social security number, you will have to notice out the accused'southward war machine status past asking a person who knows the defendant well to fill out an affidavit (written statement under oath), or by giving the identify of the defendant's full fourth dimension employment in an affidavit of your own. For the affidavit, you can use court form Affirmation Concerning War machine Service (class JD-FM-178).

18. Where can I get more than information?

• Review the PDF booklet, How Small Claims Works (form JDP-CV-45), which is besides bachelor in printed form in every clerk'due south function that handles small claims cases and in the Courtroom Service Centers. From fourth dimension to time information in this booklet may change, such as fees, courtroom locations and telephone numbers. Please check this website or contact the clerk'south part to be sure that you have the most current information about fees, courtroom locations and phone numbers.
• Ask the court clerk for information. The clerk can give you information. The clerk cannot give yous legal advice.
• Talk to an attorney. Bank check an internet search engine, the Yellow Pages or phone call your local Lawyer Referral Service (run past the local Bar Clan). If you are a low income individual, The Statewide Legal Services of Connecticut, Inc. may be able to aid y'all. Their toll free number is 800-453-3320.
• Legal Clinics may also provide an opportunity to discuss your case with an attorney. Data may be found at the Judicial Branch's Legal Clinics and Help folio.
• Additional information on finding legal aid is available on the Find Legal Help page.

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Accused's Options

xix. What exercise I do if I am sued in a small claims case and want to defend myself?

• File an respond on or earlier the answer date. The answer date will appear on the Answer course sent to you by the court. Fill up out the Respond course and return it by mail, fax or hand delivery to the clerk. Ship a copy to each attorney or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff and fill up out the certification that you have done and then.
• If you lot disagree with the claim or the amount of money, bank check the box that says you disagree and explain briefly in writing why you believe you do not owe the money.
• Adhere copies of whatever documents that support your claim. For example, you tin attach receipts, messages, contracts or leases. Exist sure that the documents you are filing do non contain personal identifying information, such equally a social security number, credit card account number, bank account number or appointment of nascency. You should to omit, remove (redact), or black-out personal identifying information earlier filing any document unless the information is required by law or court order.
• You lot may also file a motion to transfer the case to the regular court docket, by completing a Small Claims - Move to Transfer to the Regular Docket (course JD-CV-158). The motion must exist filed according to the Connecticut Do Volume in social club to be granted. See section 24-21 of the Connecticut Practise Book. The fee is $125.00.
• If you wish to file your answer or other documents electronically, you must sign-up for Judicial Co-operative E-Services. For more information on e-filing and E-Services, come across East-File in Small Claims Matters.

twenty. When should I file a counterclaim?

• If you want to file a counterclaim, y'all must do so on or earlier the answer engagement or, if a judgment was entered against you, when a motion to open up judgment is granted.
• If you think the plaintiff owes you lot money, yous may say so in the counterclaim.
• There is a $95.00 filing fee for a counterclaim.
• You must pay the courtroom clerk with cash, or with a check or money lodge made out to "Clerk of the Superior Court." If you pay in person, you may also pay by MasterCard or Visa.
• If you hand-evangelize the counterclaim to the courtroom, and you lot programme to pay with a personal check, bring a valid country issued photo I.D., your photo driver's license; U.Due south. passport; or Military I.D.
• If you wish to file your counterclaim or other documents electronically, y'all must sign-up for Judicial Branch Due east-Services. Click here for more than information on E-Services.

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Your Mean solar day in Court

21. Tin I have a jury trial?

• There are no jury trials in small claims.
• You may, notwithstanding, request a jury trial if you lot file a move to transfer the case to the regular docket. Meet #nineteen above.

22. Are minor claims cases decided by judges?

23. What is an ODR settlement briefing?

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Judgment and Postal service Judgment Activity

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

• The court does not collect the money for you, just y'all tin asking that the clerk result an execution. An execution authorizes you lot to rent a state marshal to attach a judgment debtor's (accused'south) wages, nonexempt personal property or fiscal institution (bank) account. See List of country marshals.
• Fill out an awarding for wage, property or financial establishment execution. Include exemption forms for judgment debtors (defendants) who are natural persons, and file with the court.
• The following fillable forms are available on this website.
  1. Wage Execution Proceedings - Application, Order, Execution (course JD-CV-iii)
  2. Exemption and Modification Claim Course, Wage Execution (form JD-CV-3a)
  3. Property Execution Proceedings - Application, Society, Execution (grade JD-CV-5)
  4. Exemption Merits Class, Belongings Execution (grade JD-CV-5b)
  5. Fiscal Institution Execution Proceedings - Judgment Debtor Who is a Natural Person, Application and Execution (form JD-CV-24)
  6. Exemption Claim Form, Financial Establishment Execution (form JD-CV-24a)
  7. Financial Institution Execution Proceedings Judgment Debtor Who is Not a Natural Person, Application and Execution (course JD-CV-24N)
• An execution authorizes a country align to attach the judgment debtor'south (defendant's) wages, nonexempt personal property or fiscal institution account. (This does not include existent estate.)
• At that place is a $105.00 fee for each application.
• You tin enforce a judgment up to ten years from the date of judgment.
• You may too desire to review Forms y'all may need to collect on a Ceremonious Judgment on this website.

25. Tin I appeal the determination?

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

26. Could a minor claims judgment against me (the judgment debtor) affect my credit rating or announced on my credit study?

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

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

• Aye. This is called a satisfaction of judgment and is a written notice that must exist filed with the courtroom when full payment has been made. You must complete a Satisfaction of Judgment (class JD-CV-164) and file information technology with the court within 90 days later full payment has been made. Come across department 24-30 of the Connecticut Exercise Book.

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Small-scale Claims Case Lookup

29. How can I find out data nigh a small claims example?

Modest Claims case information may be searched by: political party name, docket number, and attorney/business firm juris number, among other search options.
Case information for small claims matters filed with Centralized Small Claims prior to September 1, 2017 that have not been transferred to the pocket-sized claims docket in a judicial district or housing session and assigned a new docket number are available online through the Centralized Pocket-size Claims Case Await-up.

Instance information for small claims matters filed on and afterward September i, 2017, and any cases filed prior to that appointment that have been transferred to the pocket-size claims docket in a judicial commune or housing session are bachelor through the Superior Court Small Claims Case Look-upwards.
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thirty. What data can I expect up on a small claims matter?

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

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