Any individual may bring a small claim to recover money up to $10,000; businesses, partnerships, or corporations (with a few exceptions) may bring a small claim for no more than $5,000. Small claims must be filed in the county of the defendant’s residence, or in the case of a traffic collision, the county where the collision occurred. Exceptions and specific rules can be found in RCW 3.66.020 and RCW 3.66.040.
Find out more information about Small Claims at Washington Law Help
Time limits for filing a claim range from one to ten years from the time the event occurred, depending on the type of case. To determine which time limit applies, review RCW Chapter 4.16.
HOW MUCH DOES IT COST?
A $50 filing fee. In addition, there may be more fees if you decide to have your claim served by a process server or law enforcement. Service is explained in the next section. If you win, you are entitled to recoup your filing fees and service costs.
HOW DO I GET STARTED?
- Fill out and file a notice of claim. The clerk can provide you with a notice of claim form. A notice of claim may be submitted in person, by email at GHDC2@graysharbor.us, or by mail and sent to 2109 Sumner Avenue, Room 201, Aberdeen, Washington 98520. If you submit your claim by email, it will not be considered filed until the court receives your filing fee. It is your responsibility to accurately identify the respondent, describe the claim, and provide the respondent’s proper mailing address and phone number. The notice of claim form will include a return hearing date and a case number. All copies of the claim form will be returned to you for service.
- Provide a declaration that the defendant is not active military. You must provide a declaration affirming that the defendant is not active military. If the defendant is active military, you must follow additional steps outlined by federal law. Find out more information at Service Members Civil Relief Act, Defense Finance and Accounting Service, or consult with an attorney.
- Have the notice of claim served. The plaintiff is responsible for arranging service of the claim form on the defendant. The notice of claim must be served on the defendant at least ten days before the return hearing date. A return of service or a mail return receipt with the defendant’s signature must be filed at or before the pretrial. The plaintiff cannot personally serve the claim. Service of the claim form can be accomplished by:
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- Local law enforcement;
- A process server;
- Any person 18 years or older and who is not a witness in or a party to the case; or
- By mailing a copy by registered or certified mail with a return receipt.
WHAT HAPPENS NEXT?
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A return hearing: The parties must attend the return hearing listed on the notice of claim form in person in District Court #2. After the hearing, the parties will contact a representative from the Dispute Resolution Center across the hall from the courtroom and provide them with contact information so that they can arrange a date and time for mediation.
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Mediation. Mediation is mandatory. Once the case has been mediated, the Dispute Resolution Center will notify the court, and the case will be set for the next appropriate hearing. A trial date will only be scheduled if both sides attend the mediation and are unsuccessful in reaching a resolution. Learn more about mediation here.
WHAT IF I CAN'T OR DON'T APPEAR?
- Ask the court for a continuance of the return hearing. All requests for continuances by either party must be done in writing (email or mail), in advance of the hearing, provided to the other party, and submitted for the judge to review.
- If the respondent fails to appear for the return hearing or mediation, the plaintiff may request a default judgment. Before that happens, the plaintiff must provide:
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- Proof of proper service of the notice of small claim;
- A factual basis to support the claim (usually documents and/or testimony), and
- Proof of compliance with the Servicemembers Civil Relief Act.
- If the plaintiff fails to appear for the return hearing or mediation, the respondent may request that the small claim be dismissed, and a default judgment entered on any counterclaims.
WHAT HAPPENS AT TRIAL?
Each person is given a chance to tell their side of the story. You should bring any papers which relate to the case (such as receipts, pictures, written contracts or agreements) and you bring witnesses to support your case. These witnesses must have direct knowledge of the case ("hearsay" - something a witness has only heard from someone else, might not be allowed as evidence of your claim or defense).
WHAT HAPPENS AFTER A JUDGMENT IS ENTERED?
A judgment is a judicial determination of how much money is owed to the prevailing party. The amount in the judgment must be paid to the prevailing party within 30 days. Once a judgment is entered, the prevailing party can request a certified transcript of the case from the clerk. If the judgment has not been paid in 30 days. the prevailing party may start the process of garnishing wages, bank accounts and other monies that belong to the judgment debtor or issue an execution or lien on a vehicle or other personal property. More information about garnishing wages can be found in RCW 6.27, for liens in RCW 4.56.190 and .200, or here. The court does not collect the judgment. Once the prevailing party has paid the judgment in full, the prevailing party must file a satisfaction of judgment with the court.
WHAT IF I DISAGREE WITH THE JUDGE'S DECISION?
Small claims decisions in many cases can be appealed to Superior Court. Appeals must be made within 30 days of the entry of the judgment. The party who files a claim or counterclaim cannot appeal unless the amount claimed is over $1,000, and neither party may appeal a judgment where the amount claimed is under $250. The respondent may file an appeal of a judgment against them if it is for an amount over $250. More information about small claims appeals can be found in RCW 12.36 or here. To appeal, the appealing party must:
- Prepare a written Notice of Appeal and file it with Grays Harbor County District Court 2. Forms are available from the clerk;
- Pay a $40 record preparation fee to Grays Harbor District Court 2;
- Pay the superior court filing fee of $230 to the Grays Harbor District Court 2 (cash, cashier’s check, or money order) made out to the Grays Harbor County Superior Court Clerk;
- Serve a copy of the Notice of Appeal on all parties; and
- File a bond or execution for approval with Grays Harbor County District Court 2 made payable to the Grays Harbor County Superior Court Clerk for twice the amount of the judgment and costs or twice the amount in controversy, whichever is greater.
WHAT IF I NEED MORE HELP?
The clerk cannot provide legal advice, however, if you have additional questions about the process or need a form, please contact the clerk at (360) 532-7061 or GHDC2@graysharbor.us.