Washington Small Claims

Sometimes the cost of hiring a lawyer totals more than the money you're owed. Small claims court can be a quick and inexpensive way to collect on your own. The court procedures are informal, not intimidating. And a judge, instead of a jury, usually decides the case.

Who Can Sue and Be Sued?

Any individual, business or corporation may bring a small claims suit for the recovery of money only where the amount owed is $4,000 or less. Attorneys are not allowed, unless they are representing themselves.

Where Do I File a Small Claims Case?

You file a small claims case in the district court division where the party you're suing (the "defendant") lives or, in the case of a traffic accident, in the district court division where the accident occurred. If your case involves a landlord-tenant dispute, you can bring the case in the district court division where the home or apartment is located if your dispute only involves possession of the premises. The clerk of the court should be able to determine whether the address is within the boundaries of that court.

Dispute Resolution Services

Before filing a small claims case, the parties are encouraged to try to resolve their differences. Free or low-cost services may be available through the court or local legal clinics. For more information, contact your local district court.

How Much Does It Cost?

You must pay a filing fee of approximately $29, but the cost may vary depending on the district in which you file. You also may have to pay to have the court, the sheriff's office or a local process server deliver notice of your claim to the defendant. At the time you file the claim, the clerk of the district court can tell you what service options are available.

What Happens at Trial?

The trial in small claims court is between you and the defendant. Both parties must prepare their cases and bring those witnesses or other evidence (such as documents, records, photographs or drawings) to court to support their claims or defenses. Witnesses must have personal knowledge of the facts in their testimonies. Documents, records, photographs and drawings must be identified and explained by someone with personal knowledge of them.

If the defendant does not appear at trial, you will be granted a "default" judgment for the amount of your claim, plus your filing and service costs. If you fail to appear at trial, the judge will dismiss your claim.

How Do I Collect the Judgment?

If the court enters a judgment against either party, it is that party's duty to pay without delay. The small claims court does not collect the judgment for you. But if the judgment is not paid within 30 days, you can file a written request and pay a $6 fee to the district court to have the judgment recorded in the official records of the court. At that time, you can start trying to collect the judgment by garnishing wages or bank accounts, or trying to locate the personal property of the person who owes the judgment. You can also file the judgment in Superior Court for a fee of $15. This puts a lien against any real estate in the name of the person who owes the judgment.

How Do I Appeal a Judgment Against Me?

No appeal is allowed from a judgment where the amount is less than $1,000. Any appeal must be filed within 30 days after the judgment is entered. Detailed instructions for filing a small claims appeal are available from the district court.

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