SMALL CLAIMS CASES

Small claims court is an easier, quicker, and cheaper way for you to take your claim to court. But if you want to win your case, there are steps you must follow.

For complete information you will want to obtain the information sheet entitled Information for Plaintiffs In Small Claims Cases, which is available to you free of charge at your local courthouse.

But some things you need to know before you file your claim are:

In what county should you file your claim?

You should file your claim in the county where the defendant resides or in the county where the claim arose.


Different scenario:

If the defendant resides out of state. Then you would file your claim in the county where the claim arose.


What is the maximum amount for a claim in a small claims court?

$5,000.00.


Now you are ready to file your claim in the appropriate county. The fee for filing your small claims action is $41.00. You will also need to have your summons and claim served to the defendant. If you want the sheriff to complete the service there is a $55.00 charge to do so.

Here is a link to the forms you will need:


Idaho Supreme Court Self Help Center web site.


When you have completed the summons, claim and letter of instruction to the sheriff, bring them along with your cash, check or money order to your local court for filing and serving.

Once your claim has been filed, the sheriff has thirty days to perfect service. If service were not fulfilled, then your claim would be dismissed without prejudice (which means you can file your claim again once you locate a better service address). If service is perfected, the defendant has twenty days in which to file and answer. If an answer is filed, there will be a contested court trial scheduled within thirty days. If no answer is filed a default hearing will be scheduled within thirty days.