Make Legal Idaho Civil Actions Forms For Free

The plaintiff starts a court case in the pleading stage by filing a ?complaint,? which is the document that outlines the plaintiff's facts and legal theories (?claims?). In the complaint, the plaintiff must also make a request for relief, which is the legal remedy or solution to the plaintiff's claim.

For more terms and definitions, please see Appendix #1 (pages 7-8). STEP 1: GATHER INFORMATION. ... STEP 2: DRAFT THE COMPLAINT. ... STEP 3: DRAFT THE SUMMONS. ... STEP 4: FILE COMPLAINT & STEP 5: SERVE THE DEFENDANT(S) ... STEP 6: CERTIFICATE OF SERVICE. ... STEP 7: WAIT FOR DEFENDANT'S.

Print and File in Person: To print and fill out your forms go to: .courtselfhelp.idaho.gov/small-claims or pick up a copy at your local courthouse. Sign and date the completed forms. Make at least two copies: 1 for you and 1 for each Plaintiff, and take them to the court where the Claim was filed.

No attorney can appear with or for a party in any hearing on a small claims action. However, an attorney may appear on appeal or on post-judgment hearings including a hearing on a post-judgment motion to set aside, modify or execute a judgment.

Service of process by mail shall be made by registered or certified mail, return receipt requested, and shall be complete upon the return of the receipt signed by the defendant to the court. The signature of the defendant on the return receipt shall constitute prima facie proof of service by mail.

The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment).