Small Claims Court in Washington County

In Washington County, AR small claims cases are filed in the Circuit Court. Washington County has one District Court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Washington Court System.

Small Claims

Small Claims Court in Washington County is part of the district court system designed to help people resolve disputes over amounts up to $5,000. It’s designed to be simple and easy to use, so you don’t need a lawyer and can manage the process yourself. The aim is to make it easier for everyone to use the law to settle small legal issues fairly.

Anyone 18 or older can file a claim in Small Claims Court. If you're a minor, you can still file a case, but you'll need help from a parent, relative, or trusted adult to complete the paperwork and attend the hearing with you. However, collection agencies, agents, and businesses that lend money with interest cannot file claims in Small Claims Court.

Types of Disputes the Court Handles

• Property Damage: When someone damages your property and you want compensation.
• Unpaid Debts: When someone owes you money.
• Personal Property Claims: Disputes over items worth $5,000 or less.
• Contracts and Agreements: Issues like broken contracts, security deposit disputes, or warranty problems.

Deadlines for Filing

• Written Contracts: You must file within 5 years from when the contract was broken.
• Oral Agreements: You must file within 3 years of the breach.
• Other Claims: The time limits vary based on the type of case, so be sure to check the specific rules for yours.

What Small Claims Court Doesn’t Cover

• Family Law Issues: Matters like divorce or guardianship.
• Name Changes: These need to be filed in a different court.
• Bankruptcy: Cases involving bankruptcy filings.
• Real Estate Disputes: Disagreements about property ownership or possession.

Where to File

You must file your lawsuit in the county where:

• The Defendant Lives: The county where the person or business you’re suing lives.
• The Obligation Was to Be Performed: The county where the defendant was supposed to meet their obligations.

How to File a Lawsuit

1. Complete the Complaint Form: This is a legal form available at the district court clerk's office. You’ll need to fill it out or copy it.
2. Pay the Filing Fee: Typically, the fee is between $30 and $65, depending on the court.
3. Provide Your Information: Include your name and address (as the plaintiff), and the defendant's name and address. Make sure the details are correct because the case won’t move forward without properly notifying the defendant.
4. Describe Your Claim: Clearly state the amount of money you’re asking for or describe the property you're trying to recover. Provide a brief explanation of why you believe the defendant owes you.

Filing Fees

• Small Claim: $65
• Service Fees:
  • Sheriff: $50
  • Private Process Server: $50
  • Certified Mail: $11.99 (Optional)

After Filing

Once you’ve filed your lawsuit, you need to serve the defendant. You can do this in different ways, and fees vary depending on your choice:

• Sheriff’s Office: $50, payable by money order.
• Private Process Server: $50 for in-county service, with payment by check or money order.
• Certified Mail: $11.99 for postage, with several payment options available.

Defendant’s Response

The defendant must respond in writing by filing an "answer" explaining their side of the dispute. They can also file a counterclaim if they believe you owe them money. The answer must be filed by the deadline, typically 30 days after receiving the complaint.

Preparing for Your Court Hearing

• Gather Evidence: Collect documents, photos, receipts, and witness statements that support your case.
• Organize Your Case: Prepare a timeline of events to explain the situation clearly.
• Courtroom Etiquette: Be respectful and dress appropriately. Speak to the judge, not the other party, and avoid interruptions.

During the Hearing:

• If both parties attend, the judge will hear each side’s case and make a ruling.
• If the plaintiff shows up but the defendant doesn’t, the court may issue a default judgment.
• If the defendant appears but the plaintiff doesn’t, the case may be dismissed.

Requesting a Continuance:

Either party can request a postponement, but the request must be in writing and submitted before the hearing.

Collecting Your Money

If you win the case, you can recover costs like service fees and enforcement expenses. It's your responsibility to make sure the defendant pays the judgment.

Methods of Collection:

• Wage Garnishment: You can direct the defendant’s employer to withhold up to 25% of their paycheck.
• Bank Garnishment: You can seize funds directly from the defendant’s bank account.
• Writ of Execution: The sheriff can seize and sell the defendant’s property, like a car or electronics.

Appeal

If you lose your case, you can appeal the decision within 30 days of the judgment. Keep in mind that you’ll need to pay an additional filing fee and possibly post a bond if damages were awarded.

Small Claims Court Checklist

For the Plaintiff:

1. Understand Procedures:
   • Familiarize yourself with Small Claims Court procedures.
   • Consider resolving the dispute through mediation or another form of alternative dispute resolution before filing.
2. Determine Amount:
   • Clearly identify the amount in dispute or the property you want to recover.
3. Identify the Proper Court:
   • File in the court where the defendant lives, works, or where the incident occurred.
4. Prepare and File Complaint:
   • Complete the complaint form with a clear description of the facts.
   • Pay the filing fee (typically $30 to $65) when filing.
5. Arrange Service of Process:
   • Coordinate delivery of the complaint to the defendant.
   • Options for service: sheriff, an authorized person, or certified mail (if allowed).
   • You are responsible for the cost of service, and proof of service must be filed with the court.
6. Prepare for Court:
   • Organize your evidence, witness statements, and thoughts.
   • Attend a hearing if possible to familiarize yourself with the process.
7. Keep Communication Open:
   • Try to resolve the dispute with the defendant before the hearing.

For the Defendant:

1. Understand Procedures:
   • Familiarize yourself with Small Claims Court procedures.
2. Contact the Plaintiff:
   • Attempt to resolve the dispute directly with the plaintiff.
3. Consider a Counterclaim:
   • If you have a claim against the plaintiff, file a counterclaim to address both issues. Ask the clerk how to do this.
4. Prepare for Court:
   • Gather evidence, organize your thoughts, and talk to witnesses.
   • Attend a hearing in the same location to observe the process if possible.
5. Attend the Hearing:
   • Be sure to present your evidence, and bring all necessary documents and witnesses with you.

Courthouse Location:

Washington County Circuit Clerk

280 N College Ave, Ste 302
Fayetteville, AR 72701
(479) 444-1538
https://www.washingtoncountyar.gov/government/departments-a-e/circuit-clerk

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

CITIES SERVES

• Elkins
• Elm Springs (partly in Benton County)
• Farmington
• Fayetteville (county seat)
• Goshen
• Greenland
• Johnson
• Lincoln
• Prairie Grove
• Springdale (partly in Benton County)
• Tontitown
• West Fork
• Winslow

Let Squabble Help You With Your Small Claim at Washington County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Washington County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.