Is There a Time Limit for Making a Claim in Small Claims Court

Examples of different limitation periods include: If your claim exceeds $2,500, you will be asked to check the box on your claim form (Form SC-100) indicating that you did not file more than two lawsuits for more than $2,500 during the calendar year. If you are an individual and can claim up to $7,500, you cannot file more than two small claims claims over $2,500 in a calendar year. The defendant may appeal the judgment if he so wishes. Unlike the small claims application, the appeal must be heard more formally, in strict compliance with all rules of evidence and procedure. Typically, you will need a lawyer to represent you in an appeal process. Give yourself the best possible chance of making your case in Small Claims Court by understanding and preparing for the process. WARNING: Delivery by registered mail is not very successful. In some courts, only about 50 per cent of attempts are successful. One reason for this is that the defendant may refuse to accept delivery or sign an acknowledgement of receipt. Another is that if the defendant does not appear at the hearing, the judge may refuse to hear the case unless the judge determines that the defendant signed the acknowledgement of receipt. Often, the signature on the acknowledgement of receipt is illegible or signed by someone other than the defendant.

If the acknowledgement is the only proof of the defendant`s signature and there is no other evidence that the signature is actually that of the defendant, the judge may ask you to serve another copy of your application form. In this case, a new trial date must be set. Any party may appeal against a judgment if the judge has ruled against it. However, no appeal is admissible if the amount originally claimed was less than $250. If a party who has filed a lawsuit or counterclaim wishes to appeal a judgment, the amount originally claimed must have exceeded $1,000. If a party loses a default judgment, an appeal may be filed under the district court`s rules to set aside default judgments. A party appealing a judgment must follow the procedures described in Chapter 12.36 RCW. The party wishing to appeal must take the following steps within 30 days of the judgment: 1. File a written notice of appeal with the District Court. 2.

Provide other parties with a copy of this notice. 3. Pay a $20 transcription fee to the district court. 4. File the $230 filing fee with the district court, either in cash, money order or cashier`s check, payable to the clerk of the Supreme Court, and pay a $40 processing fee to the district court. 5. Deposit with the District Court a sum in cash or security equivalent to twice the amount of the judgment and costs or twice the amount in dispute, whichever is greater. If the appeal and bail are transferred to the higher court, the appellant (the person appealing the decision) may apply to the higher court to suspend the execution of the judgment before the district court until the appeal has been heard. Within 14 days of filing the notice of appeal, the clerk of the district court sends the court file to the clerk of the court. All other proceedings are heard by the higher court. You must pay a Small Claims Court filing fee when you file your case. If you can`t afford to pay these costs, you can ask the court to waive (award) these costs.

You can apply for a judicial relief by completing and filing an application for relief from court fees (Form FW-001). For information on the standards used by the court to approve or deny your application, ask the clerk of the court for the waiver of court costs and expenses fact sheet (form FW-001-INFO) or visit the Judicial Council`s self-help website and print your own copy. Once the judgment is rendered, the clerk enters it in the civil record of the court and provides the prevailing party with a certified copy of the judgment at no additional cost. A monetary judgment in your favor does not necessarily mean that the money will be paid. Small Claims Court will not get judgment for you. If the debtor does not pay immediately, the court may order a payment plan. If the unsuccessful party does not pay, the decision shall be increased by the amounts intended to cover the costs of implementing the decision. When you file your file, you must indicate on your application form (Form SC-100) why the court where you filed your application is a court. In particular, in cases brought against a defendant who lives outside the district (or outside the judicial district where the court is located), the judge will carefully consider and decide whether the court is fit to deal with that case. The notice of small claim must be served on the defendant at least ten (10) days before the first hearing. A return or postal receipt bearing the signature of the defendant must be submitted no later than the time of the first hearing. You cannot serve the claim personally.

See RCW chapters 4.28 and 12.40 and CRLJ 5 for more detailed information. The exceptions to the general rule that require a case to be filed in the district and judicial district in which the defendant is domiciled are somewhat complex and difficult to understand.