November 2002
Small Claims Court

Utah has had for a long time a statute that provides for adjudicating small, monetary matters in a “Small Claims Court.” Until last year, however, no procedures were established. Now, the Utah Supreme Court has issued new Utah Rules of Small Claims Procedure.

Any claim for money that is $5,000 or less qualifies as a “small claim.” Assume that you have a grievance against your neighbor because you believe his or her tree hangs over onto your property or that too much noise emanates from your neighbor’s house or yard. You cannot use the Small Claims Court because those kinds of claims are not for monetary damages.

On the other hand, assume that another person owes you money for merchandise or services that you provided to that person. In this case, you can bring your claim in the Small Claims Court for the money owed to you, provided that it does not exceed $5,000.

The limit of $5,000 may change from time to time as the Legislature deems it necessary. The Legislature last increased this amount from $2,000 in 1993. If in doubt, consult the Court.

The Small Claims Court was created and is operated to simplify minor disputes without undue delay and in a less formal atmosphere than regular lawsuits. For example, there is no strict adherence to the rules of evidence. This permits some hearsay evidence, provided that such hearsay is relevant, trustworthy and credible.

The procedure for commencing a Small Claims Action is simple. First, obtain an affidavit from one of the District or Justice Courts. Complete the affidavit; sign it in the presence of a clerk at the Court; and pay the required filing fee: $45 for claims $2,000 or less; or $70 for claims greater than $2,000.

After filing your affidavit, which is similar to a “complaint,” have it delivered to the defendant by a sheriff or constable. You can also serve the affidavit by mail if the defendant signs a receipt that you can file with the Court.

At the time you file the affidavit, you will also be given the date and time for trial. The defendant does not have to answer your affidavit before trial. This is a significant change from regular lawsuits where the defendant generally has only 20 days to answer a complaint.

The defendant may, however, file and serve you with a counter affidavit which asserts a monetary claim against you. If the claims asserted in a counter affidavit exceed $5,000, the case is converted to a regular civil case, and the Small Claims Procedures no longer apply.

If you have a dispute with an individual or company that is less than $5,000, how do you decide whether to use the Small Claims Court or the regular District Court? It is not an easy decision, but there are some guidelines that may be helpful.

The first thing to consider is whether or not you feel comfortable pleading your own case. In other words, do you need an attorney to represent you? If not, the Small Claims Court may be for you.

The second factor to consider is whether your claim will be easy or difficult to prove. That is, are documents available to clearly prove that the defendant owes you money? Or, will you have to rely on oral statements?

Oral agreements are generally more difficult to prove. In a dispute, each side usually has a different version of the facts. The judge has to make a quick decision on which party’s testimony to believe.

In a regular civil case, more time is given to trial preparation and presentation. Through formal discovery, it is more likely that you can marshal credible evidence to rebut oral statements of a defendant.

However, the most important factor to consider is the amount of your claim. Legal fees in simple cases can easily exceed $10,000. If your claim is $5,000 or less and you need an attorney, the Small Claims Court is your only viable alternative

Lastly, you should evaluate the strength of your claim and the likelihood of success. You may have to bite the bullet and walk away from your claim. If you can take the stress of arguing your case in the Small Claims Court, it is neither costly nor time consuming. But, if you need an attorney, forget your claim, unless you are acting solely on principal.

You may benefit from paying an attorney to review your case. Such a consultation may sway you from bringing a lawsuit or it may give you guidance on how best to proceed in the Small Claims Court. Best of luck!

YOUR QUESTIONS: Do you have a particular question that you would like answered? To better serve the readers of the Utah Spirit, please direct your questions in writing to Michael A. Jensen, Elder Law Attorney, PO Box 571708, Salt Lake City, Utah 84157-1708, or by e-mail at: mike-spirit@utahattorney.com. From time to time, I will attempt to answer some of those questions.