How To Sue Someone In Small Claims Court Washington State

Learn how to sue someone in Small Claims Court in Washington State: Step-by-step guide, tips, and legal insights to navigate the process successfully. Get the justice you deserve!

Each district court in the State of Washington contains a “Small Claims” division for the settlement of civil disputes in which damages claimed total less than $10,000.

Small Claims Court was established to provide a low-cost, user-friendly alternative to litigation.

How To Sue Someone In Small Claims Court Washington State

Eligibility to Sue in Small Claims, Washington District Court:

    • To file a claim in small claims court in Washington State, you must be at least 18 years old or an emancipated minor.
    • Your claim amount should not exceed $10,000 ($5,000 for companies and business entities).
    • Attorneys can’t typically represent small claimants unless permitted by the judge or if the case has been transferred from another court. In such cases, you can hire legal counsel.
  • Exceptions for Landlords:
    • Landlords seeking to evict a tenant should note that small claims court is not the appropriate venue for eviction matters.
  • Business Claims in Small Claims:
    • Most small claims courts do allow businesses to seek relief.
    • However, it’s advisable to check with the court clerk for any specific rules or requirements that may apply to business claims.

Initiating Your Small Claims Case in Washington District Court:

    • Start by acquiring and completing the requisite forms for your small claims case.
    • Ensure you pay the stipulated fees.
    • Gather essential information, including the defendant’s name and address.
    • Compile claim specifics such as the date the issue arose and the sought-after damages amount.
  • Tailor Your Approach to Local Requirements:
    • Recognize that individual Washington courts may have their unique local rules.
    • Some courts might necessitate specific forms.
    • To navigate these specifics, consult the court clerk or utilize the provided resources as mentioned below.

Filing Deadline in Washington’s Small Claims Courts:

    • Regardless of the Washington court you choose, there’s a time limit for filing a lawsuit.
    • The statute of limitations varies by case type:
      • Three years for oral contracts.
      • Six years for written contracts.
      • Three years for personal injury and property damage cases.
    • Note that different case types may have different limitation periods.
  • Additional Considerations:
    • Calculating your filing time isn’t the whole story.
    • Statutes of limitations can be temporarily stopped or “tolled” in certain situations, like when the plaintiff is a minor or incarcerated.
    • In cases where you need to file with an administrative agency before suing (common in discrimination matters), you must “exhaust your administrative remedies” and file the small claims case within the allowable time frame.
    • Once the limitation period expires, your right to sue is forfeited.

Choosing the Right Small Claims Court in Washington

    • After you’ve finished the paperwork, your next step is to select the appropriate Washington Small Claims Court location, adhering to the “venue” regulations.
    • Incorrect venue selection could lead the defendant to request the court to dismiss the case.
  • Venue Rules Clarified:
    • Under venue rules, you must file your claim in one of the following counties:
      • The county where any defendant resides.
      • If the defendant’s residence can’t be reasonably determined, file in the county of the defendant’s place of employment.
      • For corporate defendants, file in the county where they transact business or have an office.

The small claims clerk will set a hearing date after you file the claim.

Just to be safe, it’s a good idea to confirm with the court clerk that you’re bringing the matter in the right court.

Serving a Small Claims Action in Washington

  • Effecting Service in a Washington Small Claims Action:
    • Ensure the defendant is aware of the scheduled appearance for the small claims action.
    • In Washington, you have two methods for service of process:
      • Personal service conducted by the sheriff, deputy, or a disinterested adult.
      • Mailing via certified or registered mail with a return receipt request.
  • Note on Variations:
    • Procedures may differ depending on the specific court, so review the local rules for guidance.
  • Corporate Service Consideration:
    • For determining who can accept service on behalf of a company, it’s advisable to contact the Secretary of State.

Do you need a lawyer for small claims court in Washington?

    • Washington prohibits suing the state in Small Claims Court.
    • Lawyers and paralegals can’t represent either party in a small claims case unless authorized by the judge.
  • Understanding the Costs:
    • When initiating a small claims suit, you are required to pay a filing fee to the court clerk.

 

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