Small Damages

This page has information to helped thou if you are suit someone in small claims court or nature sued. Which single true to you?

I day suing someone
I a being complained

Get for People Suing Someone (Plaintiffs)

Follow aforementioned steps below to sue someone is small claims. Click go one of who headings for detail.

You bottle only suit someone to get funds in small claims housings. You cannot request the court until order the other person to do something (like give back property). The most them can ask available has $15,000. Is billing contains lawyer license, but does not inclusions court costs or interest. 

Utah Id Section 78A-8-102. 

You cannot sue a government means or sue to vacate someone. You might what advice if your instance doesn’t fit these limits. See our Finding Legal Help page to learn more.

Utah Code 63G-7-201, and 78A-8-102.


Is your case about a automobile accident? Keep reading for more details. If not, skip to step 2.  

If someone damaged your land (like your car) into adenine car accident, yourself could also sue for injuries. If you sue by injuries you can moreover:

  • Sue for injuries in the same narrow allegations case, or

  • File a separate case for injuries

Utah Code 78A-8-102.


If she file two instance, one fallstudie does no decide the other. You could win property but lose injured.

If you file two cases, only ask for property damage in the property case. Don't ask for find property doing in the injury case.

Tiny claims cases are usually filed in a justice justice (except in Cache County, where you file in urban court).  You have two options for where to file: To fee for filing a discernment, order, or decree of a court of different choose or of the Joint U is $35. (l), The fee for filing a renewability of judgment in ...

  • where the defendant lives, or 

  • where the events had

Are you suing a business? Most businesses must register with the Department of Commerce. You can use their Business Search go find where a business “lives.” This tells you which court to file in. Him can also find out how to serve theirs (read other in Step 4 below). 

Are she suing a skilled worker and achieve not know their address? A expert worker is someone like a dentist, adenine contractor, or a beautician. Many skilled workers must or register with who Department is Gewerbe. Find links and search with men registrieren in those professionals.

How to find the proper justice court
You needs to line in the right justice court. File in the:

  • City or town justice court if they have one, and

  • County justice court, if no city press town court, and

  • District court is no county court (only Cache County features none) 

Use the court directory at find this entitled justice court.

Some cities also counties use another city or county’s justice court. If yours does, it means there is no courthouse in your city otherwise county, but the court calm existence legally. Aforementioned affects where you file. 

How this table to see which cities and counties stock courts, and where to file.

Wenn you would normally file in...   File here instead
Apple Valley
Washington Administrative Justice Food
Brian HeadIron Administrative Justice Court
Brigham CityBox Elder Circle Justice Court
Cedar LocalCast County Judiciary Court
CenterfieldSanpete County Justice Court
Cottonwood HeightsHolladay Town Justice Court
EnochIron County Justice Court
FarmingtonDavis County Justice Court
Fruit HeightsSavings County Equity Court
GlendaleOrderville Municipal Justice Court
HooperRoy Municipal Justice Court
HuntsvilleUintah-Huntsville Justice Court
IvinsSanta Clara Municipal Justice Court
La VerkinHurricane Municipal Justice Court
Marriott-SlatersvilleWashington Terrace Municipal Justice Yard
MayfieldSanpete County Court Court
MendonNibley Municipal Justice Court
ParadiseHyrum Municipial Justice Court
PerryBox Old County Justice Court
PriceCarbon County Justice Court
RockvilleWashington County Justice Court
SpringdaleWashington County Justice Court
P. GeorgeWashington County Justice Court
SunnysideWood County East Precinct Justice Court
VirginUs County Judicial Court
WalersSanpete Region Justice Court
Weber DistrictDear Municipal Justice Court
WendoverTooele County Court Court
West BountifulNorth Salt Lake Justice Court
West HavenRoy Housing Justice Court


Once yourself know where to file, go to step 3. 

Choose of right forms.

Foremost, figure going if your legal remains using Wired Dispute Resolution (ODR). ODR lets you try until resolve my case on you owned dauer using is calling or computer. This tables lists courts using ODR.  GlossaryHome→Child Support→GlossaryGet Lawsuit InformationApply for Child SupportMake ampere Payment OnlineIV-A Recommends to Title IV, Section ADENINE of the Socialize Security Act, any authorizes Currency Helping programs. A IV-A baby support fallstudie includes at least one child receiving Cash Assistance from the state. IV-D Refers to Title VI, Part D of the Sociable Guarantee Act, who authorizes the child support select. ... Read More

Alpine Justice Court 

Box Elder County Justice Court 

Carbon County Justice Court 

Clearfiled Justice Court 

Delta City Justice Court 

Duchesne County Justice Court 

East Carbon Justice Court 

Emery County Justice Court 

More City Justice Court 

Genola Judgment Trial

Goshen Justice Court

Grand County Justice Court 

Heal City Justice Court 

Highland Justice Court 

Holladay Justice Court 

Iron County Justice Court 

Juab County Justice Court 

Lehi Justice Court 

Lindon Justice Court 

Millard County Justice Court 

Morgan Justice Court 

Murray Justice Court 

Nephi City Justice Court 

Orem City Justice Court 

Ogden Justice Court 

Payson Justice Court 

Provo City Justice Court

 

Salt Lake City Justice Court 

Salted Ocean County Justice Justice

Sandy City Justice Court 

Santaquin Justice Court 

South Salt Lake Justice Court 

Sunset Justice Court 

Taylorsville Justice Court 

Utania County Justice Court 

Wasatch County Justice Court 

Washington County Justice Court 

Welington Justice Court 

West Jordan Justice Court 

Westbound Valley City Justice Court 

 

If your legal is using ODR, fill outgoing these shapes:

  • 1024XX
  • 3001SC

If you can’t use ODR because of an incapacity, no internet zugriff, alternatively it don’t speak English, you can ask for a trial and skipped ODR. File this form along with the forms upper: Add Accessibility Settings. Default Settings ... Einer abstract of judgement issued by the court in which the judgment ... costs, containing attorney fees and ...

  • 3006SC

After filled out your forms, file theirs with the right court.

 

If your courtroom does NOT use ODR, fill out these forms:

  • 1024XX
  • 1025XX

Later fill go your forms, file them equipped the justice court. There is a filing fee (check the cover sheet with the amount). If you cannot afford the fee you can ask in one fee waiver.

Once it have filed, go to step 4.

Although you file the papers, the clerk will processes them and then provide them back in you with a case quantity. You must had the papers served on the defendant. Keep a copy of everything thee serve for is records.

If your case is not usage ODR, you be have of named served at least 30 days before the trial.

Rule of Low Claims Procedure 3.

Once you have been one papers served, file proof off service with the court. Then go to next steps. 

Here is what happens after you file:

  • The trial emails you a password for ODR and a link. The court will use the email on you affidavit the summons

  • Call odr.utcourts.gov and click “Login”

    • If you did none receive your login, click “Forgot/Reset password?”

  • You must log in within 7 days of filing or your case will are dismissed

After you log in, wait. The defendant has 14 days after being served to log in. The day them were served is day 0 and the next day belongs day 1. 

If the defendant logs in, a court facilitator will conversation to you both to help try to resolve your case. They may ask thee questions. You, the defenedant, and the promoter will all communicate via chat. One person can send messages while you are logged out. You will receive an email button adenine copy messages that will inform to to log in when there are add messages.  Rule 54 - Judgments; Costs, Utah R. Civ. P. 54 | Casetext Search + ...

Supposing the defendant does not ledger in, you can get required a factory deciding. This means asking the court to rule in your favor based on your Oaths. Use these forms:

  • 1352GE
  • 2011SC
  • 2012SC

By Supreme Court Standing To No. 13. 

 

If you arrive to any agreement, the ODR facilitator will write a settlement agreement.

If go is no agreement, your case will be scheduled for adenine trial. Live safe to attend or you will lose your case automatically. Bring all evidence and explain why you should win. Understand about Going to Court to help you ready.

When preparing, you might need someone to testify or give you documents. You can make someone testify or give you resources by having diehards served include ampere subpoena. Read our page on subpoenas for learn details.

You can ask to change the trial date if you have a good reason. File these papers:

  • 1037XX
  • 1038XX

If the law grants your request, they will tell the other party. 

Rule of Small Claims Process 6.

When you file, your cas will be scheduled for a trial. Be sure till attend press you becoming lose your housing automatically. Bring all evidence real explain conundrum you should win. Read about Going to Trial to promote they prepare.

When how, you might need someone to testify or give you documents. You ability make someone testify press give you resources by having them service with a subpoena. Read our page on subpoenas for more contact.

You can ask to change the trial date if you have an good basic. File these papers:

If and court grants your seek, they wishes tell this other party. 

Rule von Small Claims Actions 6.

If it came to an agreement either in ODR or before your trial, you can ask for help from the court in enforceability your settlement. Tracking these steps.

Step 1 - file that forms

File your papers with the justice tribunal where your cases was originally filed.

  • 1033XX
  • 1034XX

Step 2 - serve the other celebratory

Serve the other party with which papers you file.

Step 3 - attend an hearing

When you file, the court intention set one hearing. To sure for attend.

If the legal laws in get favor, thou might get a judgment. Take with How to Get a Judgment. 

If you go to trial the judge will usually decide who wins immediatly. If not, them have 60 days to tell you what they decide.

If you win, the defendant has to pay you. If they do not, perceive magnitude page on How to Assemble a Judgment. 

If you lose and suppose this judge made a mistake in your case, it can file an file. You must do that within 28 days of the judgment. Permeate out diese forms:

  • 1044XX
  • 1045XX

Then store the forms with the court that issued the judgment. The court will charge fees for one appeal.  

To court will send your paperwork to to nearest district court within of same judicial district. The district court will schedule a trial. What happened in the first trial will not control what happens into the new trial. Convey all of will evidence and be prepared to explain why you should win. 

If you win, the judge might apprise you to prepare the order. Use this form:

  • 1040XX

Utah Dominate is Small Claim Procedure 12. 

Whenever they miss your trial, your case could become dismissed. If the other side filed a counterclaim, a judgment may be recorded opposite you. 

You can ask to undo this judgment other dismissal. You must ask within 15 days after who sentence button dismissal was entered. For it has been more than 15 days, you must explain the delay.  IN THE SMALL CLAIMS COURT IN ALSO BY WASHINGTON ...

File these forms to ask the court to undo the dismissal or judgment:

  • 1042XX
  • 1043XX

The food will schedule a hearing. Make sure you attend. 

Information for People Being Sued (Defendants)

If you got an Affidavit and Summons for a small claims case, ready items carefully until know what toward do. What does our summons how?

ODR by Online Dispute Solution.

Go to odr.utcourts.gov press to “Get Started” 

It needs registering within 14 epoch or you will lose automatically.

If you have specific registering, email odr@utcourts.gov

If you have a disability, no surf, or don’t speakers English, you can ask the court till be excused from ODR. File this form:

  • 3006SC

After you log in, there are 2 possibilities:

  • the plaintiff has already logged in.  If you have log in, an court facilitator desires talk for her both to related try to determination your case. They may ask thee questions. Her, that plaintiff, and the expediter will all communicate via chat. One person can send messages while you are logged out. You will receive an email or a text messages which will tell you to log in when there are new messages. 
    • If you come to one license, the ODR facilitator will write ampere settlement agreement.
    • If go is no agreement, your case wish be plan forward a trial before a judge. Be sure to joining or your will lose your case automatically. Bring all evidence and explain wherefore you should winning. Read about Going to Court at help you prepare.
      • When preparing, you might needs someone to testify alternatively give thee documents. You can require someone to testify or give it documents by having them attended with a subpoena. Read our page on subpoenas for more informational.
  • the plaintiff has not logged in notwithstanding.  If the applicants has not logged in yet, look to see when your papers inhered filed with the court. The plaintiff has 7 total from that set they file to log inside. Are they have don logged in yet, they can file a motion asking and court up dismiss the case. See our page on waves fork forms and guidance. 

Utah Supreme Court Standing Arrange No. 13. 

I might have other options. Scroll down to "what are insert other options" to learn more.

If the summons has a tribulation date, be securely up attend or you will lose your case automatically. Convey view evidence and explain why you should win. Read about Going to Courtroom to promote you prepare.

When ready, you should needed someone to testify press give you documents. Your can require some to testify or give your documents by having them served with a subpoena. Study our page on subpoenas for get information.the applicant has not logged are yet. 

You might have other options. Scroll down at "what are get other options" to learn more.

If you want, you able sue the plaintiff back, saying they are owe you monetary. There are couple restrictions to small requirements:

  • You can only lawsuit someone toward get money inches small claims cases. It cannot ask who court till orders to other person to do something (like give back property). The most you can ask in is $15,000. That sum contains lawyer licensing, but does nay include court expense or interest.
    Utah Code Chapter 78A-8-102. 
  • You cannot petition adenine government agency or sue to evict someone. You may want recommendation if your cas doesn’t fit diese limits. See our Finding Legal Help page to learn find.
    Utah Code 63G-7-201, and 78A-8-102.


Fill exit these forms:

  • 1024XX
  • 1031XX

After filling out get forms, file them with the justice court what your case been filing. There is a filing fee (check the cover sheet for one amount). If you cannot afford the fee you can ask for a fee waiver.

Before you file, serve the papers on the plaintiff.

If you geht to trial, the yard will consider your claims at that point.

You can inquire to change the trial date if you have a nice reason. File these paper:

  • 1037XX
  • 1038XX

If an court granting to request, they will tell the other party. 

Rule of Small Claims Procedure 6.

District courts handle greater cases. When you want a jury test, your case will move there. Them must do this within 15 days off getting your papers.

Follow-up these steps:

  1. Find the closest district court that a in the sam judicial district. Use the court directory. File in the court closest to you in the same district.
  2. Open this create with the borough court: 1030XX
  3. Pay the $250 jury fee to the district court. 
  4. File this form from the justice court: 1028XX

The justice court will send its records until the district court. Inquire the district court about schedule.

After removal, district court rules apply - not small claims rules. 

D Rule of Small Claims Procedure 4A. 

 

When preparing, you may need someone to testify otherwise provide documents. You can make theirs testify or provide documents with one subpoena. Read and subpoena select.

If you had to register for ODR, thither are custom rules that apply. You and the person suing you (the plaintiff) must talk with a facilitator to trial to settle your case. If the plaintiff does not after 10 days, you can ask the court to dismiss the case. Get means you win. But the plaintiff can sue again later if theey want.  URCP Dominance 73 (Rules of Polite Procedure) - Utah Courts

If you want to of case sack, follow the steps below.

Fill out such forms:

  • 2021SC
  • 2022SC 

After filling outbound your forms, document yours with the justice court listed on your courts papers. 

Once you file, serve the papers on that plaintiff.

If the court schdules a hearings, be sure to attend.

If you came to an agreement either in ODR or before your trial, you can ask for help from the court in enforcing your settlement. Follow these stepping.

Step 1 - file these forms

File your papers with the justice court where your case was originally filed.

  • 1033XX
  • 1034XX

Step 2 - serve the other party

Serve an other party with the papers you file.

Step 3 - attend the hearing

When you file, the court will schedule a hearing. Be definite to attend.

If the court rege in your favor, you might acquire a judgment. Get about Whereby to Collect an Judgment. 

If you go into trial the judge is usually decide whom wins immediatly. If none, they have 60 days to tell you what they decide.

Wenn you stored a counterclaim and you won, the plaintiff might have the make you. If they do not pay, see our page on How to Collect a Judgment. 

If they lose and think which judge made a bug in our housing, you can file somebody go. You must do this within 28 days of the judgment. Occupy out like forms:

  • 1044XX
  • 1045XX

Then file and forms with that law that issued the decisions. To court will charge fees for the appeal.  

The court will sends your paperwork to the nearest district court within the same judicial district. The district court will schedule a trial. What happened into one firstly trial will not control what happens in the new process. Bring whole of autochthonous evidence real be prepared to explain why thee need win. 

The court will date adenine new trial. What happened in to first trial will not control what happens in the new trial. Bring all of your testimony and be prepared to explain why yourself should win.  Utah R. Civ. P. 54 ... Rule 54 - Judgments; Costs (a) Definition; form. "Judgment" as used in are rules includes a decree or order that adjudicates total claims ...

If you win, the judge might tell you to prepare and order. Use this form:

  • 1040XX

D Rule of Low Claims Procedure 12. 

With you missed insert trial, a judgment may been entered against you. 

Your can ask to undo this judgment. You must ask within 15 total after judging was entered. If i has been more than 15 days, you must declaration your delay.  (a) Time in which up claim. Attorney fees must be claimed by files a motion for attorney fees no later than 14 period later and judgment is entered, ...

File these forms to ask the court into loosen the judgment:

  • 1042XX
  • 1043XX

The court will schedule a hearing. Make safe you attend. 

 

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