Writ of Attachment Other than Wages, Salary and Commissions
Note: This summary is not intended to be an all-inclusive
discussion of the law and procedures of small claims in the District of
Columbia, 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 the District of Columbia: $5,000.00
Which Court hears small claims in the District
of Columbia? According to the District of Columbia Code Annotated
Chapter 13, Section 11-1321, the Small Claims and Conciliation Branch has
exclusive jurisdiction of any action within the jurisdiction of the Superior
Court which is only the recovery of money, if the amount in controversy
does not exceed $5,000, exclusive of interest, attorney fees, protest fees,
and costs.
Who hears the claims in small claims court? The
claim will be heard by a judge.
Claims over which the Small Claims Court has Jurisdiction:
The small claims court in the District of Columbia may hear any
of the following claims if the amount in controversy does not exceed $5,000.00:
1. money debts
2. The above list is not exhaustive but does contain most of the
common claims. Claims for items may not be heard in small claims court.
The small claims division is not the proper forum for an interest affecting
real property.
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 $5,000.00.
Must you be represented by an attorney? A
party may represent himself or herself as long as the party is not an incorporated
business.
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: According to
the District of Columbia Code Annotated Chapter 39, Section 16-3902, actions
shall be commenced in the Small Claims and Conciliation Branch by the filing
of a statement of claim, in concise form and free of technicalities. The
plaintiff or his agent shall verify the statement of claim by oath or affirmation
in the form, or its equivalent, and shall affix his signature thereto.
The clerk of the Branch, shall at the request of an individual, prepare
the statement of claim and other papers required to be filed in an action
in the Branch, but his services are not available to a corporation, partnership,
or association, in the preparation of the statements or other papers. A
copy of the statement of claim and verification shall be made a part of
the notice to be served upon the defendant named therein. The mode of service
shall be by the United States marshal, as provided by law, or by registered
mail or by certified mail with return receipt, or by a person not a party
to or otherwise interested in the action especially authorized by the Clerk
of the Small Claims and Conciliation Branch or appointed by the judge for
that purpose.
Who serves the Defendant with summons or process
and how is the defendant served: In small claims court, the
claim must be served by certified mail or by a process server. The court
will notify the party by certified mail that he or she is being sued, or
the process server will carry out the task.
Return of Summons: When receipt is returned,
the clerk must attach it to the original statement of claim, and it will
constitute prima facie evidence of service upon the defendant. When notice
is served by a private individual, he or she must make proof of service
by affidavit before the court clerk.
Removal to another Court: A claim will
be removed from small claims court if the amount in controversy exceeds
$5,000.00.
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: A party may appeal the judge's
decision to the D.C. Court of Appeals. If a party decides to appeal, he
or she has three business days from the date of the judge's decision to
file an application.
Collection of Judgment: After the judgment
is obtained and the appeal time expired, you may seek to collect the judgment
by acceptable means of collection. In the District of Columbia, a judgment
may be collected as follows: by Writ of Attachment of the losing party's
bank account or a subpoena for Oral Examination may be issued in order
to question the losing party about his or her assets. According to the
District of Columbia Code Annotated Chapter 39, Section 16-3907, when a
judgment is rendered in an action pursuant to the chapter and the party
against whom it is entered requests it, the shall shall inquire fully into
his earnings and financial status and may stay the entry of judgment, and
stay execution, except in cases involving wage claims, and order partial
payments in such amounts, over such periods, and upon such terms, as seems
just in the circumstances and as will assure as definite and steady reduction
of the judgment until it is finally and completely satisfied.
Upon a showing that the party has failed to meet an installment
payment without just excuse, the stay of execution shall be vacated. When
a stay of execution has not been ordered or when a stay of execution has
been vacated as provided by Section 16-3907, the party in whose favor the
judgment has been entered may avail himself of all remedies otherwise available
in the Superior Court of the District of Columbia for the enforcement of
the judgment.
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Other Matters:
Are Motions allowed? Motions are allowed
by the parties on a limited basis.
Continuances: A continuance will be
granted for showing of good cause.
Out-of-Court Settlement: If the parties
reach an agreement prior to trial, the parties must notify the court clerk.
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:
According
to the District of Columbia Code Annotated, Chapter 39, Section 16-3904,
if the defendant in an action pursuant to the chapter, asserts a set-off
or counterclaim the judge may require a formal plea of set-off to be filed,
or may waive the requirement. If the plaintiff required time to prepare
his defense against the counterclaim or set-off, the judge may continue
the case for that purpose. When the set-off or counterclaim is for more
than the jurisdictional limit of the Small Claims and Conciliation Branch,
as provided by Section 11-1321, but within the jurisdiction of the Superior
Court, the action shall nevertheless remain in the Branch and be tried
therein in its entirety.
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
Information on the Small Claims and Conciliation Branch may be found
at
http://www.dcbar.org/dcsc/smclaimconcil.html#4.
