Motion - Order Discharging Garnishee
Note: This summary is not intended to be an all inclusive
discussion of the law and procedures of small claims in Washington, 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 offers 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 Washington:
$2,500.00
Which Court hears small claims in Washington?
The small claims court is a division of the Washington District Court. All
claims which do not exceed $2,500.00 may be heard here.
Who hears the claims in small claims court?
A judge will hear the case in small claims court.
Claims over which the Small Claims Court has Jurisdiction:
The small claims court in Washington may hear any of the following
claims if the amount in controversy does not exceed $2,500.00:
3. The above list is not exhaustive but does contain most of the
common claims. These claims MAY NOT be brought 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 $2,500.00.
Must you be represented by an attorney?
Attorneys are not allowed to participate in the proceedings unless granted permission
by the judge.
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 prepare a Notice of Small Claim. The plaintiff must also sign the
form in the presence of the court clerk.
Who serves the Defendant with summons or process
and how is the defendant served:
The clerk will assist the plaintiff in serving the notice. Service of the claim may be made by using the following
methods: the sheriff's office, a process server, any person over the age
of 18 and not a party to the action, or by mailing copies to the defendant
by registered or certified mail.
Return of Summons:
The sheriff, constable, or other process server shall, after effecting service, endorse that
fact on a copy of the summons and return it to the court clerk who will
make the appropriate entry on the docket sheet of the action.
Removal to another Court:
Pursuant to the Washington Revised Code Section 4.14.010
Whenever the removal of such action to superior court is required
in order to acquire jurisdiction over a third party defendant, who is or
may be liable to the defendant for all or part of the judgment and resides
outside the county wherein the action was commenced, any civil action which
could have been brought in superior court may, if commenced in district
court, be removed by the defendant or defendants to the superior court
for the county where such action is pending if the district court determines
that there are reasonable grounds to believe that a third party may be
liable to the plaintiff and issues an order so stating. Whenever a separate
or independent claim or cause of action which would be removable if sued
upon alone is joined with one or more otherwise nonremovable claims or
causes of action, the entire case may be removed and the superior court
may determine all issues therein, or, in its discretion, may remand all
matters not otherwise within its original jurisdiction.
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 more 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:
The party who files a claim or counterclaim cannot appeal unless the amount claimed exceeds $1,000.
No party may appeal a judgment where the amount claimed is less than $250.
If an appeal is taken to the superior court, the appealing party
is required to follow the procedures set out in Revised Code of Washington
(RCW) 12.36.
The following steps must be taken within 30 days of the entry judgment:
2. Serve a copy of that Notice on the other parties, and file acknowledgment
or affidavit of service in district court.
4. Deposit at the district court the $110 superior court filing
fee either in cash, money order, or cashier's check payable to the Clerk
of the Superior Court. There may be additional fees that you will need
to pay as set forth by local court rule.
You are also required to post a bond in a sum equal to twice the
amount of the judgment and costs, or twice the amount in controversy, whichever
is greater, (cash or surety) at the district court. When the bond is filed
in the district court, the appellant (person appealing the decision) may
request that the district court suspend enforcement of the judgment until
after the appeal is heard. Within 14 days of filing the Notice of Appeal,
the district court clerk will file the court record at the superior court
who will assign a new number and notify the district court. The district
court clerk will advise the appellant of that number, and the appellant
must then contact the superior court for further instructions.
Collection of Judgment:
Collection of the judgment may be obtained by garnishment of wages, bank accounts, or
other property belonging to the losing party.
Other Matters:
Are Motions allowed?
Motions are allowed by the parties on a limited basis.
Continuances:
Either party may be granted a continuance for good cause shown.
Out-of-Court Settlement:
In most cases, neither party is one hundred percent right nor wrong. You are encouraged
to try to settle your case before trial. If you settle the dispute
before the hearing, you must inform the court so the hearing can be canceled
and your case dismissed. If the other party agrees to pay at a later date,
you may ask the court for a continuance. If the other party pays
before the postponed date, ask the court to cancel the hearing. If
you do not receive your money by the time of the continued hearing, proceed
with the case in court. If you drop the suit, your filing fee and service
costs are not returned.
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:
If the defendant wishes to file a counterclaim, the court clerk
can provide the proper forms.
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:
Revised Code of Washington State:
RCW 12.40.010. Department authorized--Jurisdictional amount
In every district court there shall be created and organized by
the court a department to be known as the "small claims department of the
district court". The small claims department shall have jurisdiction, but
not exclusive, in cases for the recovery of money only if the amount claimed
does not exceed two thousand five hundred dollars.
RCW 12.40.027. Removal to superior court--Restrictions--Simultaneous
maintenance of claims--Joinder of claims on appeal
RCW 4.14.010 regarding removal of actions to superior court shall
not apply to cases originally filed in small claims court, or transferred
to the small claims court pursuant to RCW 12.40.025. No defendant or third
party defendant may remove a small claims case from small claims court
as a matter of right by merely filing a claim or counterclaim or other
request for relief that is beyond the jurisdiction of the small claims
court. Claims, counterclaims, or other requests for relief filed by a defendant
or third party defendant in excess of the jurisdiction of small claims court may be maintained simultaneously
in superior court as a separate action brought by such defendant or third
party defendant. Such a superior court action does not affect the jurisdiction
of the small claims court to hear the original small claims case. The decision
of the small claims court shall have no preclusive effect on a superior
court action brought pursuant to this section. If the small claims case
is appealed, it shall be automatically joined with any superior court
case filed pursuant to this section, and the procedures set forth in RCW
12.36.055 shall not apply.
Nothing in this section may be construed to limit the small claims
court from transferring a small claims case to district court or superior
court after notice and hearing.
This summary contains some of the provisions from the Revised Code
of Washington State but does not include a comprehensive discussion of
all statutes. For all Statutes which apply to Small Claims actions
in Washington State see http://dmcja.org/sc_outline.htm.