Affidavit of Service
Note: This summary is not intended to be an all-inclusive
discussion of the law and procedures of small claims in Idaho, but it does
contain basic and other information. This summary only discusses civil
claims (property and money claims that may be filed in small claims court).
Criminal charges are not discussed.
Definition - Small claims courts,
also sometimes called "Peoples Court", is a court of limited jurisdiction.
Limited jurisdiction means only certain matters may be filed and heard
by the small claims court. There is also a maximum claim amount limitation.
Small claims court offer a quick, informal and inexpensive way of resolving
many types of disputes you may have with particular individuals or companies.
Maximum Amount of Claim Small Claims Court may
hear in Idaho: $4,000.00
Which Court hears small claims in Idaho? Small
claims courts are part of the magistrate division of the district court.
All claims which do not exceed $4,000.00 will be heard in this arena.
Who hears the claims in small claims court? The
claim will be heard by a magistrate.
Claims over which the Small Claims Court has Jurisdiction:
The small claims court in Idaho may hear any of the following claims
if the amount in controversy does not exceed $4,000.00:
1. recovery of money
2. wrongful possession of personal property
3. landlord/tenant issues
4. The above list is not exhaustive but does contain most of the
common claims. The following claims MAY NOT be filed in small claims court:
libel, slander, professional malpractice, assigned claims, and punitive
damages.
Who may file a claim in small claims court?
An
individual, partnership or corporation (or LLC) may file a claim
against another individual(s), partnership or corporation (or LLC) in small
claims court if jurisdiction exists to hear the claim and the amount of
the claim or property involved does not exceed $4,000.00.
Must you be represented by an attorney? No
attorneys are allowed in small claims actions.
Things to do before you File a Claim: Get
the facts straight so you can complete the forms correctly and answer any
questions court personnel may need to know. Be sure to obtain the correct
legal name of the defendant, correct address and place/address of employment.
If the defendant is a Corporation or Limited Liability Company you would
use the legal corporate or LLC name as the defendant. If the defendant
is a Corporation or LLC, you may need to contact the secretary of state
in your state and obtain the proper name and address to serve with a copy
of the suit. This person is called a registered agent and is designated
by the corporation to receive process or summons when the corporation is
sued. Be sure to also contact the small claims court to determine the filing
fee for filing the claim.
How to File the Claim: The plaintiff
must complete a small claims form which can be obtained from the court
clerk.
Who serves the Defendant with summons or process
and how is the defendant served: The court may serve the defendant
by registered or certified mail or the plaintiff may elect personal service.
Return of Summons: The signature of
the defendant on the return receipt shall constitute prima facie proof
of service by mail.
Removal to another Court: The claim
may be removed to another court if the amount in dispute exceeds the statutory
limitations.
How are hearings scheduled? The clerk
of the court will provide you with the procedure to set the case for trial
or hearing at the time you file your claim.
Subpoena of Witnesses: If witnesses
are required but unwilling to voluntarily attend unless they are subpoenaed,
you may obtain a subpoena issued by the court clerk for service on the
witness. The subpoena is an order for the witness to appear at the hearing
and testify. Some employers may require that an employee be subpoenaed
in order to be excused from work.
Trial Procedures: The trial procedure
is generally informal than other courts although the formality will vary
from county to county and judge to judge. The case will usually be called
in open court and you will respond that you are present and ready to proceed.
You will then be advised when to present your claim. Be prepared
to present your claim in your own words. Be prepared to question witnesses
if witnesses are needed.
What happens if the defendant does not appear at
trial? Usually, if the defendant does not appear at trial,
a default judgment will be entered in your favor for the amount of the
claim or other relief.
Judgment: If the defendant fails
to appear, or if the court rules for you after the hearing, a judgment
will be entered by the court for the amount of the claim, or other relief
sought.
Appeal: Either party may appeal the
decision of the court. An appeal must be filed within 30 days and the appeal
will be heard by a lawyer magistrate.
Collection of Judgment: The prevailing
party may request a writ of execution.
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Other Matters:
Are Motions allowed? Motions are allowed
by the parties on a limited basis.
Continuances: A continuance will only
be granted for good cause.
Out-of-Court Settlement: If the parties
decide to settle before the trial date, the court clerk must be notified.
When Payment is Received: When the judgment
has been satisfied, the receiving party must send written notice to the
court that the judgment has been satisfied.
Cross-Claims, Counterclaims, and Third-Party Claims:
Defendant(s)
may file a counterclaim against the plaintiff.
What happens if a defendant has filed bankruptcy?
If
the plaintiff has filed a claim against the defendant and the plaintiff
is aware that the claim is listed as a debt in a bankruptcy proceeding,
federal law prohibits the plaintiff from pursuing the claim in small claims
court.
Common Forms used in Small Claims Court:
Claim Statement/Complaint
Summons
Return of Summons
Answer
Subpoena
Abstract of Judgment
Statutes:
1-2301. SMALL CLAIMS DEPARTMENT -- CREATION -- SCOPE OF CLAIMS
-- VENUE.
In every magistrate's division of the district court of this state,
the district court may create and organize a "Small Claims Department
of the Magistrate's Division," which shall have jurisdiction in cases
for the recovery of money where the amount of each claim does not
exceed four thousand dollars ($4,000), and in cases for the recovery
of personal property where the value of the property does not exceed
four thousand dollars ($4,000); provided
however, that the small claims department shall not award punitive
damages or damages for pain or suffering in any proceeding. Any action
brought in a small claims department of the magistrate's division
shall be brought in the magistrate's division of the county where
any defendant resides unless at the time the action is filed all
of the defendants reside outside of the state of Idaho, in which
case the action shall be brought in the county where the cause of
action arose. A defendant may request a change of venue if an action is
brought in an improper county.
1-2305. CONTENTS OF CLAIM. The claim shall contain the name
of the plaintiff and the name of the defendant, followed by a statement,
in brief and concise form, of the nature and amount of the claim
and the time the claim accrued, and shall also state the address
of the defendant, if known to the plaintiff.
1-2314. SEPARATE DOCKET FOR SMALL CLAIMS DEPARTMENT. Each
magistrate shall keep a separate docket for the small claims department
of his division in which he shall make a permanent record of all proceedings,
orders and judgments had and made in such small claims department.
This summary contains some of the provisions from the Idaho Small
Claims Statutes, but does not include a comprehensive discussion of all
the statutes. For all the statutes which apply to small claims actions
in Idaho see http://www3.state.id.us/idstat/TOC/01023KTOC.html.
