Small Claims Court in Fairfield County

In Fairfield County,CT small claims cases are typically filed in the Civil Court. Fairfield County has 5 Civil Courthouses that handle 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 Fairfield Court System.

Small Claims Court

The Small Claims Court in Fairfield County Connecticut is where individuals can sue for money damages, usually up to $5,000. However, for home improvement contract disputes, the limit is up to $15,000, as determined by state law. You may also be able to claim interest and costs, and in cases involving the return of a security deposit, tenants might receive double the amount withheld, even if it exceeds $5,000. These regulations are outlined in sections 51-15 (d) and 47a-21 of the Connecticut General Statutes.

You don't need an attorney for Small Claims Court. Typically, cases are heard by Magistrates, who are lawyers appointed by the Chief Court Administrator, but they can also be heard by judges or judge trial referees, collectively referred to as "judicial authorities" under section 51-193l of the Connecticut General Statutes.

The court follows simple rules of evidence rather than complex ones. Trials are not recorded, so there are no transcripts, and you cannot appeal the decision.

An out-of-state individual or business can file a claim in Connecticut. However, they may need to attend court hearings if the defendant contests any part of the proceedings or if the court deems their presence necessary.

Cases Handled

The Small Claims Court in Fairfield County, Connecticut deals with various cases, including:

• Back rent
• Return of security deposit
• Broken or damaged property
• Unpaid claims
• Motor vehicle accidents
• Breach of written or verbal contracts
• Doctor/hospital bills for medical treatment
• Other claims asking for $5,000 or less (up to $15,000 for home improvement contract disputes)

Cases that do not belong in Small Claims Court include:

• Libel or slander
• Damage to your reputation
• Name calling
• Any claims asking for more than $5,000, except for home improvement contract disputes, which are limited to $15,000 (see the specific conditions where more than $5,000 may be awarded).

Statute Limitations

A statute of limitations sets the time limit for starting a case, varying by case type. Most are found in Chapter 926 of the Connecticut General Statutes. For claims to collect consumer debt (personal, family, or household), be ready to explain why the statute of limitations hasn't expired. Refer to section 52-350a (2) of the Connecticut General Statutes for details.

Filling a Claim

To file a claim in Connecticut's Small Claims Court, follow these steps:

1. Complete the Form: Use the Small Claims Writ and Notice of Suit (form JD-CV-40). Type or neatly print your information on the form. Follow the "Instructions to Plaintiff" section on form JD-CV-40 to help you fill it out correctly.
2. Additional Guidance: For more detailed instructions, refer to the How-To Program for filling out the Small Claims Writ and Notice of Suit (JD-CV-40).
3. Accessing Forms: Forms are available online or at any court location that handles small claims cases. To find the appropriate court location for your town, as well as the court’s address and telephone number, see the "Where to File Small Claims Matters" resource.
4. Roles in the Case: The person starting the case is the plaintiff, and the person being sued is the defendant. After a decision, the person awarded money is the "judgment creditor," and the person ordered to pay is the "judgment debtor."
5. Additional Parties: If there are more plaintiffs or defendants than fit on form JD-CV-40, fill out and attach the Continuation of Parties (form JD-CV-67).
6. Notarizing Your Signature: Your signature on the Small Claims Writ and Notice of Suit must be notarized. This can be done by the Court Clerk, a Notary Public, or a Commissioner of the Superior Court (any Connecticut attorney). Sign the form in front of the notary, print your name and title (if applicable), and have the notary sign it as well.

Cost

To file a claim in Connecticut's Small Claims Court, there is a $95.00 entry (filing) fee. Here’s how to handle the payment:

1. Payment Methods:
   • Cash
   • Check or Money Order made out to "Clerk of the Superior Court"
   • Credit Card (MasterCard or Visa) if paying in person
2. In-Person Payment: If you hand-deliver the claim and plan to pay with a personal check, bring a valid state-issued photo ID, such as a photo driver's license, U.S. passport, or Military ID.
3. Winning the Case: If you win, the entry fee and your costs of service will be added to the judgment against the defendant.

Where to File

For Small Claims cases in Connecticut:

1. Venue for Filing:

   • Individual Plaintiff: File in the court for the city or town where:
     • You live
     • The defendant lives or does business
     • The transaction or injury occurred
   • Business Entity: File in the court for the city or town where:
     • The defendant lives
     • The defendant is doing business
     • The transaction or injury occurred

2. Landlord-Tenant Matters:

   • File in the housing session where the property is located, if available. If not, file in the judicial district where the property is located.

3. Finding Court Locations: Check "Where to File Small Claims Matters" for court locations and contact details.

4. Electronic Filing:

   • To file electronically, sign up for Judicial Branch E-Services. For more information, visit the E-Services page.

Defendants

Here’s how to handle suing different types of defendants:

1. Identifying the Type of Defendant:
   • Corporation or LLC: Call the Secretary of the State at 860-509-6002 to confirm the type and obtain the address.
   • DBA (Doing Business As) or Trade Name: Contact the town clerk's office where the business is located to get the name of the business owner.
2. Using the Defendant’s Name:
   • Always use the exact, complete name of the person or business. Omitting parts of the name or abbreviating can affect your ability to collect if you win the case.
3. Out-of-State Defendants:
   • Individual: You can file a claim only if the out-of-state individual owns property in Connecticut. Include a statement in your claim confirming this.
   • Business Entity: Check if the business has an agent for service in Connecticut by contacting the Secretary of the State. To serve the Small Claims Writ and Notice of Suit, you must use a proper officer, such as a state marshal. For a list of state marshals, see the relevant resources.

Serve the Defendant

To serve the Small Claims Writ and Notice of Suit (form JD-CV-40), follow these steps:

1. Preparation:
   • Deliver a copy of the completed original Writ and all attachments to each defendant, along with the Instructions to Defendant (form JD-CV-121), before filing these documents with the court.
   • After delivery, complete a Statement of Service (Delivery) Small Claims (form JD-CV-123), explaining how you served the Writ.
2. Filing:
   • File the original Writ, Statement of Service, and copies of all attachments with the court, along with the correct entry fee.
   • Keep copies of all documents and original exhibits for your records.
3. Service Methods:
   • Priority Mail with Delivery Confirmation: Mail the Writ and attachments. Keep the delivery confirmation and complete the Statement of Service.
   • Certified Mail, Return Receipt Requested: Mail the Writ and attachments. Once you receive the signed return receipt, complete the Statement of Service and file it with the court.
   • Nationally Recognized Courier Service: Use the courier to deliver the Writ and attachments. Keep the tracking information and complete the Statement of Service.
   • Proper Officer (e.g., State Marshal): Provide the Writ and attachments to the officer for service. The officer will file the Writ and documents with the court along with their return of service.
4. Deadlines:
   • The Small Claims Writ and Notice of Suit must be returned to the court within 1 month of service.
5. Court Processing:
   • The clerk will set an answer date, send notice of the docket number and answer date to all plaintiffs or their representatives, and send an answer form to each defendant.

Military Affidavit

If the defendant is an individual, you must provide an affidavit confirming whether or not the defendant is in the military or naval service. This is required because you cannot get a default judgment against a defendant who hasn’t filed an answer unless you file this affidavit.

Here’s how to verify the defendant’s military status:

1. Check Military Status:
   • Use the U.S. Department of Defense's website: SCRA Database. You’ll need the defendant’s full name, date of birth, or Social Security number.
   • If you receive a security certificate warning, it’s because the site is hosted by the Department of Defense.
2. If You Lack Information:
   • If you don't have the defendant's date of birth or Social Security number:
     • Obtain an affidavit from someone who knows the defendant well, or
     • Provide the place of the defendant’s full-time employment in your own affidavit.
   • Use the court form Affidavit Concerning Military Service (form JD-FM-178) for this purpose.

Defendant Options

To respond to a Small Claims case:

1. File Your Answer:
   • Deadline: Submit your answer on or before the answer date, which will be on the Answer form sent by the court.
   • Submission: Return the completed Answer form by mail, fax, or hand delivery to the court clerk. Send a copy to each attorney or representative of the plaintiff, or to the plaintiff if they are self-represented. Complete the certification that you have sent the copy.
2. Disagreeing with the Claim:
   • Check the Box: Indicate if you disagree with the claim or the amount.
   • Explanation: Provide a brief explanation of why you believe you do not owe the money.
   • Attachments: Include copies of supporting documents such as receipts, letters, contracts, or leases. Ensure personal identifying information (e.g., Social Security numbers, credit card details) is redacted from these documents.
3. Motion to Transfer:
   • Transfer Case: If you wish to move the case to the regular court docket, file a Small Claims - Motion to Transfer to the Regular Docket (form JD-CV-158). Follow the procedures outlined in section 24-21 of the Connecticut Practice Book. The fee for this motion is $125.00.
4. Electronic Filing:
   • E-Services: To file electronically, sign up for Judicial Branch E-Services. For more information on e-filing, visit the E-File in Small Claims Matters page.

Counterclaim

To file a counterclaim in Small Claims Court:

1. Timing:
   • File by Answer Date: Submit your counterclaim on or before the answer date. If a judgment has been entered against you, you can file the counterclaim when a motion to open judgment is granted.
2. Counterclaim Details:
   • Claim: If you believe the plaintiff owes you money, you can include this in your counterclaim.
3. Filing Fee:
   • Fee: There is a $95.00 fee for filing a counterclaim.
   • Payment Methods:
     • Cash
     • Check or Money Order made out to "Clerk of the Superior Court"
     • Credit Card (MasterCard or Visa) if paying in person
   • Personal Check: If paying with a personal check, bring a valid state-issued photo ID (e.g., driver's license, U.S. passport, or Military ID).
4. Electronic Filing:
   • E-Services: To file electronically, sign up for Judicial Branch E-Services. For more details on e-filing, visit the E-File in Small Claims Matters page.

Day in Court

Jury Trials:

• Not Available: There are no jury trials in small claims.
• Requesting a Jury: If you want a jury trial, you must file a motion to transfer the case to the regular docket.

Who Decides Small Claims Cases:

• Magistrates: Small claims cases are generally decided by Magistrates, who are appointed by the Chief Court Administrator. For more details, see section 51-193l of the Connecticut General Statutes.
• Judges: Cases may also be heard by judges or judge trial referees.
• Commissioners: In some cases, if both parties agree, a Commissioner approved by the Chief Court Administrator may hear the case. See section 52-549a of the Connecticut General Statutes for more information.

ODR Settlement Conference:

• More Information: For details about Online Dispute Resolutions (ODR) and settlement conferences, refer to the Online Dispute Resolutions - FAQs.

Judgment and Post Judgment

Collecting Money After Winning Your Case

1. Collection Responsibility:
   • The court does not collect the money for you. Instead, you must take steps to collect the judgment yourself.
2. Requesting an Execution:
   • Process: Request that the court clerk issue an execution, which allows you to hire a state marshal to collect the judgment.
   • What It Covers: The execution allows attachment of the judgment debtor’s wages, non exempt personal property, or bank accounts (but not real estate).
3. Forms and Fees:
   • Wage Execution:
     • Application and Execution: JD-CV-3
     • Exemption Form: JD-CV-3a
   • Property Execution:
     • Application and Execution: JD-CV-5
     • Exemption Form: JD-CV-5b
   • Financial Institution Execution:
     • For Natural Persons: JD-CV-24
     • Exemption Form: JD-CV-24a
     • For Non-Natural Persons: JD-CV-24N
   • Fee: $105.00 for each application.
4. Enforcement Duration:
   • You can enforce the judgment for up to 10 years from the date of the judgment.

Appeal

Appealing a Decision:

• No Appeals: You cannot appeal a decision made in Small Claims Court.

Impact on Credit Rating:

• Credit Report: Small claims judgments are public records and can appear on your credit report, potentially affecting your credit rating.
• Consumer Credit Report Laws: See section 36a-695 and the following statutes of the Connecticut General Statutes for laws on Consumer Credit Reports.
• Disputing Errors: To dispute items on your credit report, you can obtain copies from the court file for a fee of $1.00 per page.

Complaints:

• Consumer Credit Reporting Agency: Complaints about credit reporting agencies can be filed with the Connecticut Banking Department, Consumer Credit Division, located at 260 Constitution Plaza, Hartford, CT 06103-1800. For more details, refer to section 36a-695 of the Connecticut General Statutes.

Judgment lien on Property

Placing a Judgment Lien on Real Property

• When to Place a Lien: A judgment lien can be placed on real property if a money judgment remains unpaid. This is done by recording the lien on the land records in the town clerk's office where the property is located, according to section 52-380a of the Connecticut General Statutes.
• Cost and Recording: The cost of recording the judgment lien can be added to the original judgment amount. The judgment lien certificate, signed by the judgment creditor or their attorney, must be recorded in the land records.
• Effect of Lien: Once recorded, the judgment lien attaches to the judgment debtor’s interest in the real property described in the certificate.
• Expiration:
  • Small Claims Judgment: The lien expires 10 years after the judgment was rendered.
  • Non-Small Claims Judgment: The lien expires 20 years after the judgment.
  • Foreclosure: To extend the lien, you must start an action to foreclose within the lien period and follow the requirements outlined in the statute.

Satisfaction of Judgment

Reporting Full Payment of a Judgment

• Requirement: You must notify the court when the judgment owed to you has been paid in full. This process is known as a "satisfaction of judgment."
• Procedure:
  • Complete the Satisfaction of Judgment form (form JD-CV-164).
  • File the completed form with the court within 90 days after receiving full payment.
• Regulation: This requirement is detailed in section 24-30 of the Connecticut Practice Book.

Let Squabble Help You With Your Small Claim at Fairfield County

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Courthouse Locations:

1. Bridgeport

   172 Golden Hill Street
   Bridgeport, CT 06604
   (203) 579-6568
   https://www.jud.ct.gov/directory/directory/directions/25.htm

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

2. Danbury

   146 White Street
   Danbury, CT 06810
   (203) 207-8600
   https://www.jud.ct.gov/directory/directory/directions/3.htm

   BUILDING HOURS

   • Monday - Friday 9:00 a.m. to 5:00 p.m., except court holidays.

3. Fairfield

   1061 Main Street
   Bridgeport 06604
   (203) 579-6527
   https://fairfieldct.org/service/town_clerk/index.php

   BUILDING HOURS

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

4. Stamford

   123 Hoyt Street
   Stamford, CT 06905
   (203) 965-5308
   https://jud.ct.gov/directory/directory/directions/33.htm

   BUILDING HOURS

   • Monday - Friday 9:00 a.m. to 5:00 p.m., except court holidays.

5. Norwalk

   17 Belden Avenue
   Norwalk 06850
   (203) 849-3580
   https://www.jud.ct.gov/directory/directory/directions/20.htm

   BUILDING HOURS

   • Monday - Friday 9:00 a.m. to 5:00 p.m., except court holidays.