Can You Sue Someone Who Kept Asking For Money
Pocket-size Claims
Small Claims
Quick Links
E-File Minor Claims Matters
Forms
Oft Asked Questions
How Small Claims Court Works (JDP-CV-45)
Express Scope Representation
Where to File Small Claims and Minor Claims Housing Matters- Small Claims Courtroom Facility past Town (pre-10/16/17)
Where to File Small Claims and Small Claims Housing Matters (constructive ten/16/17)
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General Questions
- What is Small Claims Courtroom?
- What cases belong in Small Claims Court?
- What cases do not belong in Small-scale Claims Court?
- How long do I have to start a small claims instance? (Called the Statute of Limitations)
- Can an out-of-land private or business file a claim in Connecticut?
- How do I commencement a pocket-sized claims example?
- How much does information technology toll to start a small claims case?
- Where do I go to file a small claims case?
Suing Different Types of Defendants
- How do I find out if the defendant is a corporation, express liability company (LLC), a partnership or a DBA (doing business as)?
- Do I take to use the defendant's full name?
- What if the accused resides out of the state of Connecticut?
- What practise I do if I want to sue an out-of-state business entity?
Filing Fees, Court Papers and Court Dates
- Make full out Modest Claims Writ and Notice of Suit (grade JD-CV-40) - Slidecast
- Fill out Statement of Service (Delivery) Small-scale Claims (form JD-CV-123) - Slidecast
- How exercise I serve (evangelize) a small claims instance on the accused(due south)?
- What happens after the answer date has passed?
- When is a military affidavit about the accused required to go a judgment?
- Where can I get more information?
Defendant's Options
- What practice I do if I am sued in a pocket-sized claims case and want to defend myself?
- When should I file a counterclaim?
Your Solar day in Court
- Tin I take a jury trial?
- Are small-scale claims cases decided by judges?
- What is an ODR settlement conference?
Judgment and Postal service Judgment Activity
- How do I collect money if I win my instance?
- Can I appeal the decision?
- Could a pocket-size claims judgment against me (the defendant/ judgment debtor) touch my credit rating or appear on my credit report?
- When may a judgment lien be placed on real property (real manor)?
- Must I tell the court when the judgment owed to me is paid in full?
Small Claims Case Lookup
- How tin I detect out information most a small claims case?
- What data can I await upwardly on a pocket-size claims matter?
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General Questions
- Small Claims Court is a function of Connecticut's court arrangement where a person can sue for money damages merely up to $5,000.00. That amount is set by state law and may alter from time to time. You may likewise be able to get interest and costs. You may be able to go more $5,000.00 if you are suing for the return of security deposit. When a tenant (renter) of a residential real estate holding sues a landlord to get back a wrongfully withheld security deposit, the tenant may be awarded twice the amount of the security deposit even if the full corporeality of damages and costs, combined, is greater than $5,000.00. Run into sections 51-xv (d) and 47a-21 of the Connecticut General Statutes.
- You do not need an attorney.
- Small claims cases are generally heard and decided by Magistrates, who are lawyers appointed by the Chief Courtroom Administrator. For more information, see section 51-19350 of the Connecticut Full general Statutes. Small Claims cases may also be heard by judges or estimate trial referees. Yous may see magistrates or judges referred to equally "judicial authorities."
- Simple rules of evidence utilize, instead of complex rules.
- There is no transcript of the trial; it is not recorded.
- There is no right to entreatment the conclusion.
- back hire;
- render of security deposit;
- cleaved or damaged belongings;
- unpaid claims;
- motor vehicle accidents;
- breach of a written or verbal contract;
- doc/hospital bills for medical treatment;
- other claims asking for $5,000.00 or less.
3. What cases exercise not vest in Pocket-size Claims Courtroom?
- libel or slander;
- impairment to your reputation;
- name calling;
- any claims request for more than $5,000.00 (see #1, above, for explanation of cases in which the plaintiff may be awarded more $5,000.00).
4. How long do I accept to start a small claims case? (Called the Statute of Limitations)
five. Can an out-of-state individual or business file a claim in Connecticut?
- Yeah. Withal, the individual or business may be required to attend court hearings if the accused contests any of the proceedings or if the court determines that the business or individual's presence is necessary.
6. How do I start a modest claims instance?
- Utilise the court class Minor Claims Writ and Detect of Arrange (form JD-CV-40). Type or neatly print your information on the forms. Read the "Instructions to Plaintiff" department on form JD-CV-40 to assistance yous consummate the Small Claims Writ and Discover of Suit. For more information, view the How-To Program for filling out Minor Claims Writ and Notice of Suit (JD-CV-40).
- Forms are available online or in any courtroom location that handles small claims cases. For information on the court location that handles small claims matters for your boondocks and the address and telephone number of the courtroom meet Where to File Small Claims Matters.
- The person starting the case is chosen the plaintiff; the person being sued is called the defendant. After the instance is decided, the person who is awarded coin is called the "judgment creditor" and the person who is ordered to pay the money is chosen the "judgment debtor."
- If at that place are more plaintiffs or defendants than will fit on the Modest Claims Writ and Notice of Suit (grade JD-CV-forty), y'all must fill out and attach the Continuation of Parties (form JD-CV-67) to the Modest Claims Writ and Detect of Accommodate.
- Your signature must be notarized. Your signature may be notarized by the Court Clerk, a Notary Public, or a Commissioner of the Superior Court (any Connecticut attorney). In social club to have your signature notarized, yous must sign the Small Claims Writ and Notice of Suit (grade JD-CV-forty) in front of the person who is notarizing it. You must too clearly print your proper noun clearly and championship, if you have a title, in the box provided. Your oath must be taken at the time you sign the grade and the person who took your oath (the Clerk, a Notary, or a Commissioner of the Superior Courtroom) must besides sign it.
7. How much does information technology cost to start a small claims case?
- In that location is a $95.00 entry (filing) fee.
- You must pay the Court Clerk with cash, or with a check or money club made out to "Clerk of the Superior Court." If y'all pay in person, you lot may as well pay by MasterCard or Visa.
- If you lot hand-deliver the claim to the court, and you plan to pay with a personal check, bring a valid state issued photo I.D., your photograph commuter'southward license; U.Southward. passport; or War machine I.D.
- If yous win your case, the entry fee and your costs of service will exist added to the judgment confronting the defendant.
8. Where exercise I get to file a small claims case?
- Small Claims cases must be filed in a venue (court) designated past the Chief Court Administrator.
- If you are an Individual Plaintiff, you may file in the court handling minor claims matters for the city or town: (a) where y'all alive, (b) where the defendant lives or where the accused's business is located, or (c) where the transaction or injury occurred.
- If you are a Business concern Entity, including a domestic or United States corporation or a express liability company, you may file in the courtroom handling pocket-size claims matters for the city or town: (a) where the defendant lives, (b) where the defendant is doing business, or (c) where the transaction or injury occurred.
- For information on the court location that handles modest claims matters for your town and the address and telephone number of the court meet Where to File Small Claims Matters.
- For landlord-tenant matters, you must file in the housing session where the property is located, if one exists. If there is no housing session for the location where the property is located, you lot must file in the judicial district where the belongings is located. To make up one's mind where you should file your cases, come across Housing Matters - Where to File.
- If you lot wish to file your case or other documents electronically, you lot must sign-upwards for Judicial Branch E-Services. Click here for more information on E-Services.
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Suing Different Types of Defendants
9. How practise I find out if the defendant is a corporation, express liability company (LLC), a partnership or a DBA (doing business concern as)?
- Call the Secretarial assistant of the State at 860-509-6002 to discover out if information technology is a corporation or an LLC and to become its address.
- If the defendant is not a corporation or LLC, and is a DBA (doing business as) or uses a trade name, contact the town clerk's office where the company is located to get the name of the business owner.
10. Do I have to use the defendant's full proper name?
- Yes. Use the exact, complete name of the person or concern.
- If you exit out any part of the name, you may not be able to collect your coin if you win the case.
- Do non abridge any part of the name.
xi. What if the defendant resides out of the country of Connecticut?
- You may file against the out-of-state resident merely if he or she owns property in Connecticut.
- A statement indicating that the out-of-state individual owns property in Connecticut must be included in the claim.
12. What do I practise if I want to sue an out-of-state business entity?
- First you must observe out if the business entity has an agent for service in Connecticut by contacting the Secretary of the State at 860-509-6002.
- You lot must apply a proper officer (for example a land marshal) to serve (deliver) the Minor Claims Writ and Notice of Arrange (grade JD-CV-forty) on an out-of-state business organization entity. See List of land marshals.
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Filing Fees, Courtroom Papers and Court Dates
xiii. Fill out Small-scale Claims Writ and Find of Conform (formJD-CV-40) - Slidecast
14. Make full out Argument of Service (Delivery) Small Claims (form JD-CV-123) - Slidecast
fifteen. How practice I serve (deliver) a pocket-size claims case on the accused(southward)?
- Unless you are hiring a proper officer (for example a land marshal) to serve (evangelize) the Small Claims Writ and Notice of Suit (Writ) (form JD-CV-xl) for you, y'all must evangelize a re-create of the completed original Writ to each accused with the Instructions to Accused (course JD-CV-121) before filing those documents with the courtroom. See a description of adequate commitment methods in the second office of this reply. You lot must deliver to each defendant a copy of all the documents you desire to file with the court. In other words, all attachments to the original Writ must be delivered. After all of those documents have been delivered, consummate a Statement of Service (Delivery) Small Claims (Statement of Service) (form JD-CV-123), which explains to the court how you had the Writ delivered to each defendant that you served. And then, file the original Writ and Statement of Service for each defendant, along with copies of whatever exhibits or attachments, and the correct entry (filing) fee. Keep a re-create of all documents for your records, along with the originals of any exhibits or attachments. For more information on the Statement of Service (form JD-CV-123), see the post-obit: How-To Program to fill out Statement of Service (Delivery) Minor Claims (class JD-123).
- The plaintiff, or his or her representative, must serve (evangelize) the Small Claims Writ and Discover of Suit separately on each defendant using 1 of the 4 methods listed below, except that for each accused who is an out-of-state entity (a business organized under the laws of a country other than Connecticut), the plaintiff must pay a proper officer (for example, a state marshal) to serve the accused as described in number 4. At that place are special requirements for service on (commitment to) out-of-state insurance companies. The requirements are in Chapter 697, Title 38a of the Connecticut General Statutes and yous may find information on the Connecticut Insurance Section website.
- By priority mail with delivery confirmation: fill out a Pocket-sized Claims Writ and Notice of Suit (Writ) (grade JD-CV-twoscore) and attach copies of any related documents yous want to file with the Writ; keep the original Writ and documents and mail a copy of the Writ and documents, and the Instructions to Defendant (course JD-CV-121) to each defendant. When you have the delivery confirmation(southward), complete a Statement of Service (Delivery) Small-scale Claim (Statement of Service) (form JD-CV-123) for each defendant you accept served. Then, file the original Writ, Statement of Service and delivery confirmation for each accused, along with copies of any exhibits or attachments, and the right entry (filing) fee.
- By certified mail, return receipt requested: make full out a Small Claims Writ and Find of Suit (Writ) (form JD-CV-40) and attach copies of whatever related documents you want to file with the Writ; keep the original Writ and documents and mail a copy of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) to each accused. When you receive the signed return receipt(s), complete a Argument of Service (Delivery) Pocket-sized Claims (Argument of Service) (form JD-CV-123) for each defendant you have served. Then, file the original Writ, Statement of Service and signed return receipt(s) (green card) for each defendant with the court, along with copies of whatever exhibits or attachments, and the correct entry (filing) fee.
- Past a nationally recognized courier service providing delivery confirmation: fill out a Small Claims Writ and Notice of Adapt (Writ) (form JD-CV-xl) and adhere copies of any related documents yous want to file with the Writ; continue the original Writ and documents and have a re-create of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) delivered to each accused. When you lot receive the tracking information showing delivery, complete a Statement of Service (Delivery) Small Claims (Statement of Service) (form JD-CV-123) for each accused you have served. Then, file the original Writ, Statement of Service and the delivery confirmation for each defendant with the court, along with copies of whatever exhibits or attachments, and the correct entry (filing) fee.
- By a proper officer, for example, a marshal: fill out a Minor Claims Writ and Notice of Suit (Writ) (class JD-CV-twoscore) and attach copies of any related documents you lot want to file with the Writ; keep a copy of the Writ and the originals of other documents; give the original Writ with fastened documents, and the Instructions to Defendant (class JD-CV-121) to the officer to serve (deliver); after the officer serves (delivers) the Small Claims Writ and Find of Suit, he or she volition file the original Writ and documents with the court along with his or her return of service (a written statement describing how the writ was served).
- The Small Claims Writ and Notice of Suit (form JD-CV-40) must be returned to the courtroom not later than i calendar month afterward the engagement of service.
- When the clerk receives the Small Claims Writ and Notice of Adapt (class JD-CV-twoscore) the clerk will set an answer date (date by which the defendant(due south) must reply to the complaint) and will ship a find to all plaintiffs or their representatives of the docket (case) number and answer date. The clerk will too send an answer class that includes the docket number and respond engagement to each defendant at the address provided by the plaintiff.
16. What happens after the reply engagement has passed?
- Neither party needs to practice anything at this point. The file will be reviewed by a magistrate who will determine if a decision tin be made without a trial or if the case needs to be scheduled for a trial.
17. When is a military affidavit nigh the accused required to get a judgment?
- If the defendant in your case is a person, you lot must say, under oath, whether the defendant is or is non in the military or naval service and how you know that. You will non be able to get a conclusion against a defendant who has not filed an respond unless you lot file an affidavit (a paper signed under adjuration) with the court that states facts showing that the accused is non in the military or naval service.
- Yous can find out if defendant is in the armed forces or naval service from the U.S. Department of Defence force - Defence force Manpower Information Center by using the post-obit website if you lot take the first and terminal proper name of the person and the person's date of birth or the person's social security number. The website is: https://scra.dmdc.osd.mil/. This web accost must be typed exactly, including the "due south" after the http. You may go a warning stating that there is a problem with this website'southward security document. This website is hosted past the U.S. Department of Defence.
- If you practice non know the accused's date of birth or social security number, you lot will have to find out the accused's military machine status past asking a person who knows the defendant well to fill out an affidavit (written statement under oath), or past giving the identify of the accused's full time employment in an affidavit of your own. For the affirmation, you can utilize court course Affidavit Concerning Military Service (form JD-FM-178).
18. Where can I get more information?
- Review the PDF booklet, How Small Claims Works (form JDP-CV-45), which is also available in printed course in every clerk'south office that handles pocket-size claims cases and in the Court Service Centers. From fourth dimension to time information in this booklet may change, such equally fees, court locations and phone numbers. Please check this website or contact the clerk's part to be certain that you have the most electric current information well-nigh fees, court locations and phone numbers.
- Ask the court clerk for information. The clerk tin can give you data. The clerk cannot give you lot legal advice.
- Talk to an attorney. Check an internet search engine, the Yellow Pages or call your local Lawyer Referral Service (run by the local Bar Association). If yous are a depression income private, The Statewide Legal Services of Connecticut, Inc. may be able to assist yous. Their toll gratuitous number is 800-453-3320.
- Legal Clinics may as well provide an opportunity to discuss your case with an attorney. Information may be found at the Judicial Co-operative'south Legal Clinics and Help page.
- Additional data on finding legal help is available on the Notice Legal Help page.
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Defendant'southward Options
nineteen. What do I do if I am sued in a pocket-sized claims case and desire to defend myself?
- File an answer on or before the reply date. The respond appointment will appear on the Answer form sent to you by the court. Fill out the Answer form and render it past postal service, fax or hand commitment to the clerk. Ship a re-create to each chaser or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff and fill out the certification that you have washed so.
- If yous disagree with the merits or the corporeality of money, check the box that says you disagree and explicate briefly in writing why you believe you exercise not owe the money.
- Attach copies of any documents that support your claim. For example, you can adhere receipts, letters, contracts or leases. Be sure that the documents yous are filing do not contain personal identifying information, such as a social security number, credit card account number, bank account number or engagement of nativity. You lot should to omit, remove (redact), or black-out personal identifying information earlier filing any document unless the information is required by police or court order.
- Yous may also file a motility to transfer the instance to the regular court docket, past completing a Minor Claims - Motion to Transfer to the Regular Docket (form JD-CV-158). The motion must be filed co-ordinate to the Connecticut Do Book in lodge to be granted. Encounter section 24-21 of the Connecticut Practice Volume. The fee is $125.00.
- If you lot wish to file your reply or other documents electronically, you must sign-up for Judicial Branch Eastward-Services. For more data on e-filing and E-Services, see East-File in Small Claims Matters.
20. When should I file a counterclaim?
- If you want to file a counterclaim, you must practise and so on or before the answer date or, if a judgment was entered against you lot, when a motion to open judgment is granted.
- If you think the plaintiff owes you lot coin, you may say so in the counterclaim.
- In that location is a $95.00 filing fee for a counterclaim.
- You must pay the court clerk with cash, or with a check or money club made out to "Clerk of the Superior Court." If you lot pay in person, you may also pay past MasterCard or Visa.
- If you hand-deliver the counterclaim to the court, and you plan to pay with a personal check, bring a valid state issued photo I.D., your photograph driver'due south license; U.S. passport; or Military I.D.
- If y'all wish to file your counterclaim or other documents electronically, you must sign-upward for Judicial Branch Due east-Services. Click hither for more information on Due east-Services.
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Your Day in Court
21. Tin can I have a jury trial?
- At that place are no jury trials in small claims.
- You may, however, request a jury trial if you file a motion to transfer the case to the regular docket. See #19 above.
22. Are pocket-sized claims cases decided by judges?
23. What is an ODR settlement conference?
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Judgment and Post Judgment Activity
24. How practise I collect coin if I win my case?
- The court does not collect the money for you, but you lot can asking that the clerk outcome an execution. An execution authorizes you to hire a country align to adhere a judgment debtor'southward (defendant's) wages, nonexempt personal property or financial institution (bank) account. Run across List of state marshals.
- Make full out an application for wage, property or financial institution execution. Include exemption forms for judgment debtors (defendants) who are natural persons, and file with the court.
- The post-obit fillable forms are available on this website.
- Wage Execution Proceedings - Application, Club, Execution (course JD-CV-3)
- Exemption and Modification Claim Form, Wage Execution (form JD-CV-3a)
- Property Execution Proceedings - Application, Order, Execution (class JD-CV-5)
- Exemption Claim Course, Holding Execution (course JD-CV-5b)
- Fiscal Institution Execution Proceedings - Judgment Debtor Who is a Natural Person, Application and Execution (form JD-CV-24)
- Exemption Claim Form, Financial Institution Execution (grade JD-CV-24a)
- Fiscal Institution Execution Proceedings Judgment Debtor Who is Non a Natural Person, Application and Execution (form JD-CV-24N)
- An execution authorizes a state marshal to attach the judgment debtor's (defendant's) wages, nonexempt personal property or financial institution account. (This does not include real manor.)
- There is a $105.00 fee for each awarding.
- You tin can enforce a judgment up to 10 years from the date of judgment.
- You may also want to review Forms you may need to collect on a Civil Judgment on this website.
25. Can I appeal the decision?
- You cannot appeal a determination in a small claims court instance.
26. Could a small claims judgment against me (the judgment debtor) affect my credit rating or appear on my credit report?
27. When may a judgment lien be placed on real belongings (real estate)?
28. Must I tell the courtroom when the judgment owed to me is paid in full?
- Yes. This is called a satisfaction of judgment and is a written detect that must be filed with the court when total payment has been fabricated. You must complete a Satisfaction of Judgment (class JD-CV-164) and file it with the court inside 90 days later on full payment has been fabricated. See section 24-30 of the Connecticut Practice Volume.
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Pocket-size Claims Case Lookup
29. How tin can I notice out information nigh a small claims case?
Instance data for small claims matters filed with Centralized Pocket-size Claims prior to September ane, 2017 that have not been transferred to the small claims docket in a judicial district or housing session and assigned a new docket number are available online through the Centralized Minor Claims Case Look-upwards.
Case information for small claims matters filed on and later on September 1, 2017, and any cases filed prior to that appointment that have been transferred to the small claims docket in a judicial district or housing session are available through the Superior Courtroom Small-scale Claims Case Look-up.
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30. What information tin I look up on a pocket-sized claims matter?
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Source: https://jud.ct.gov/faq/smallclaims.html
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