Washington Small Claims Forms

Washington Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

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 (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  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 LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

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. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing 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 to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. 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?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Washington Small Claims Forms

  • How do I file a small claims case against someone out of state?

    Filing a small claims case against someone out of state involves specific steps. First, determine the correct jurisdiction where the case should be filed based on where the defendant resides or where the dispute occurred. Then, complete the required Washington Small Claims Forms, ensuring they comply with the rules of that jurisdiction. You may also need to consult a legal expert for guidance on serving the other party, especially if you need to serve them across state lines.

  • How to prepare exhibits for small claims court?

    To prepare exhibits for small claims court, gather all documents and materials that support your case. Label each exhibit clearly and create multiple copies for the judge and opposing party. Using the proper Washington Small Claims Forms will help you organize your exhibits effectively and present a persuasive case.

  • How to fill out a statement of claims?

    Filling out a statement of claims involves providing clear, concise information about your case, including the facts and the relief you seek. Use the Washington Small Claims Forms available online to guide your process. Make sure to detail all relevant facts while keeping the language straightforward and easy to understand.

  • What is the best evidence for small claims court?

    The best evidence for small claims court includes documents, photographs, witnesses, and any relevant contracts. Organizing your evidence clearly will help in presenting your case effectively. Using Washington Small Claims Forms correctly will allow you to document your evidence and arguments in a comprehensive manner.

  • How much can you take to small claims in Washington state?

    In Washington state, you can claim up to $5,000 for most cases in small claims court, with some exceptions allowing up to $10,000 for certain types of cases. It’s important to understand these limits when preparing your Washington Small Claims Forms. Always ensure your claim amount is within the stipulated limits to avoid dismissal.

  • How to defend yourself in small claims court?

    Defending yourself in small claims court requires preparation and a clear understanding of the case. Start by gathering evidence and relevant documents, including any Washington Small Claims Forms that apply. Present your argument logically, and don’t hesitate to ask for clarification from the judge if needed.

  • What happens if someone lies in small claims court?

    If someone lies in small claims court, it can lead to serious consequences, including the possibility of legal penalties. The court relies on the truthfulness of testimony and evidence presented. Therefore, presenting verified information through accurate Washington Small Claims Forms is crucial so that your case stands strong.

  • What percentage of people win in small claims court?

    In small claims court, approximately 60% of plaintiffs win their cases. This success rate varies by jurisdiction and the strength of the case presented. Proper preparation and the right Washington Small Claims Forms can significantly enhance your chances of winning.

  • What is the maximum I can claim in the small claims court?

    In Washington, the maximum amount you can claim in small claims court is $5,000. This limit applies to most cases, although there are exceptions, such as specific property claims. It's essential to review your situation and ensure your claim falls within this limit. If you need assistance, using Washington Small Claims Forms can streamline your process.

  • What two documents are called pleadings?

    The two documents commonly referred to as pleadings in a lawsuit are the complaint and the answer. The complaint presents the plaintiff's claims, while the answer is the defendant's response to those claims. When engaging in small claims, it's important to accurately prepare these Washington Small Claims Forms, as they establish the foundation of your case. Proper pleadings help facilitate a smoother court process.