Washington > Local County > Clallam > District Court > Small Claims
Application For Small Claims Suit - Washington
| Application For Small Claims Suit Form. This is a Washington form and can be used in Small Claims District Court Clallam Local County . |
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CLALLAM COUNTY DISTRICT COURT I 223 EAST 4TH STREET SUITE 10 PORT ANGELES, WA 98362-3015 (360)417-2560 IN THE SMALL CLAIMS DEPARTMENT INSTRUCTIONS FOR FILING SMALL CLAIMS 1. 2. 3. READ ALL INSTRUCTIONS CAREFULLY BEFORE BEGINNING. FILL IN ALL AREAS INDICATED ON THE APPLICATION FOR SMALL CLAIMS SUIT FORM. GIVE THE APPLICATION FOR SMALL CLAIMS SUIT FORM TO THE CLERK ASSISTING YOU. IF YOU LIVE OUT OF THE COUNTY, THIS MAY BE ACCOMPLISHED BY MAILING THE FORM TO THE COURT ALONG WITH A SELF-ADDRESSED, STAMPED LEGAL SIZE ENVELOPE, SO WE CAN RETURN THE CLAIM AND NOTICE OF CLAIM TO YOU. THE CLAIM AND NOTICE OF CLAIM FORM MUST HAVE THE CERTIFICATION AND DECLARATION SECTION FILLED IN AND SIGNED BY THE PLAINTIFF FOR THE FORM TO BE COMPLETE. GIVE THE COMPLETED FORM, WITH YOUR $39.00 FILING FEE IN THE FORM OF A CHECK OR MONEY ORDER MADE PAYABLE TO CLALLAM COUNTY DISTRICT I COURT, TO THE CLERK ASSISTING YOU. IF YOU LIVE OUT OF THE COUNTY, THIS MAY ALSO BE ACCOMPLISHED BY MAILING THE FORM AND FILING FEE TO THE COURT ALONG WITH A SELF-ADDRESSED STAMPED LEGAL SIZE ENVELOPE SO WE CAN RETURN YOUR COPY AND THE SERVICE COPY TO YOU. IF AN ENVELOPE AND CHECK DO NOT ACCOMPANY YOUR CLAIM, IT WILL BE REJECTED AND RETURNED TO YOU. WHEN YOU RECEIVE YOUR COPIES, YOU MUST HAVE THE CLAIM SERVED ON THE DEFENDANT(S). (See instruction package for methods of service). IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT THE COURT. HOWEVER, PLEASE BE ADVISED THE COURT CLERKS CANNOT GIVE YOU ANY LEGAL ADVICE AND HAVE BEEN SPECIFICALLY ORDERED NOT TO BY THE COURT. BEFORE STARTING, MAKE SURE YOU HAVE THOROUGHLY READ ALL ATTACHED INSTRUCTIONS. THANK YOU. 4. 5. 1 American LegalNet, Inc. www.FormsWorkFlow.com CLALLAM COUNTY DISTRICT COURT I LOCAL RULE 96-2 MANDATORY MEDIATION FOR SMALL CLAIMS COURT Mediation is strongly encouraged before a trial is allowed in Small Claims Court. The court will set the date for mediation at the time of filing. Both parties must attend the mediation or formally opt-out. If the plaintiff fails to appear, a dismissal may be entered. If the defendant fails to appear or formally opt-out, their answer, if one was filed, may be stricken and default judgment entered. Parties must bring their evidence to the mediation, however, no witnesses are allowed. The purpose of mediation is to settle the case if possible; if no settlement is made at mediation, the case will be set for trial. Attorneys and paralegals may not represent parties at mediation. 2 American LegalNet, Inc. www.FormsWorkFlow.com CLALLAM COUNTY DISTRICT COURT I, SMALL CLAIMS DEPARTMENT GENERAL INFORMATION FOR SMALL CLAIMS COURT The Small Claims Court is a department of the District Court authorized under Chapter 12.40 RCW and is available for the recovery of money only where the claim is less than $5,000.00. It has jurisdiction only when the defendant is a resident of the county, except that claims arising out of automobile accidents may be brought in the county where the accident occurred no matter where the defendant lives in the state. (See abbreviated rules for non-state residents and corporations). Small Claims Court may NOT be used to recover personal property or require a defendant to perform contracts, except where the contract requires the payment of money only. The person who brings the claim is called the "plaintiff". The person who is sued is called the "defendant". A small claims action is between plaintiff and defendant, who may consist of multiple parties. No attorney is allowed to participate in any manner without court consent. FILING A CLAIM The form to start a small claims action is provided by the court and must be signed by the real claimant (not someone on behalf of the plaintiff). Court clerks may assist you in the procedures required but are not qualified and are forbidden by law from giving legal advice. They also are instructed not to attempt to predict how the court might rule in your case. Please DO NOT ASK THEM FOR SUCH ADVICE. The claim must state in brief and concise form: 1) the nature of or basis of the claim; 2) the amount claimed; 3) when the claim accrued (came into existence) It is not enough merely to state that the defendant "owes money". Some sample basis of claim descriptions are attached to this information. It is the responsibility of the plaintiff to identify the defendant accurately. The defendant must be either a person, or statutory entity. Many businesses are operated under assumed names and are not incorporated. The plaintiff must determine who the person or persons are who own a non-corporate business and sue the person or persons, not the business. It is the responsibility of the plaintiff to furnish an accurate address for the defendant. The plaintiff must pay a $39.00 filing fee when the claim is filed. After the claim is filed, the clerk will fill in the date for first appearance of the defendant, and will give two copies of the claim and notice to the plaintiff, one for the plaintiff's records, and the other to be served upon the defendant. In the case of multiple defendants, additional copies for service on the additional defendants will be provided. 3 American LegalNet, Inc. www.FormsWorkFlow.com SERVICE OF THE CLAIM AND NOTICE The plaintiff MAY NOT serve the notice and claim upon the defendant. The claim and notice may be served either: 1) by the county sheriff; 2) by a process server; 3) by a person over the age of 18 years not connected with the claim or related to you; 4) by registered or certified mail if a return receipt with the signature of the party being served is filed with the court. COLLECTION OF THE JUDGMENT THE SMALL CLAIMS COURT DOES NOT COLLECT THE JUDGMENT FOR YOU. If you are awarded a judgment and the defendant does not pay the judgment within thirty days, or such a greater time as is set by the court, you may request that the judgment be transferred to the civil judgment docket for District Court, and you may then proceed with any method authorized by statute to execute upon property or wages of the defendant. Remember, the clerks cannot advise you how to execute upon the judgment. The District Court does not furnish any forms for that purpose. You may also obtain a transcript of the District Court Judgment from the clerk for $20.00 and file it with the Superior Court clerk, upon payment of $20.00, which will automatically impose a lien upon any real estate owned by the defendant. APPEALS FROM SMALL CLAIMS COURT JUDGMENTS A plaintiff CANNOT appeal from
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