Small Claims Court in Hartford County

In Hartford County, CT small claims cases are typically filed in the Civil Court. Hartford County has four 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 Hartford Court System.

Small Claims Court

In Hartford County, Connecticut, Small Claims Court is where you can file a lawsuit to recover money, typically up to $5,000. However, if the dispute involves a home improvement contract, the limit increases to $15,000, as specified by state law. You might also be eligible to claim interest and additional costs.

In cases related to security deposits, tenants could potentially receive double the amount wrongfully withheld, even if it exceeds the $5,000 limit. These rules are based on sections 51-15(d) and 47a-21 of the Connecticut General Statutes.

You don't need a lawyer to represent you in Small Claims Court. Usually, cases are decided by Magistrates—lawyers appointed by the Chief Court Administrator—but judges or trial referees can also preside over cases. All of these individuals are considered "judicial authorities" under section 51-193l of the Connecticut General Statutes.

The court uses straightforward rules of evidence, and the proceedings are not recorded, so there are no transcripts. Additionally, you cannot appeal the court's 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

In Hartford County, Connecticut, Small Claims Court handles a variety of cases, such as:

• Back rent
• Security deposit returns
• Property damage
• Unpaid debts
• Motor vehicle accidents
• Breach of written or verbal contracts
• Medical bills from doctors or hospitals
• Other claims seeking $5,000 or less (or up to $15,000 in home improvement contract disputes)

Cases that do not belong in Small Claims

• Libel or slander
• Damage to your reputation
• Name-calling
• Claims seeking more than $5,000, except for home improvement contract disputes, which can go up to $15,000 (with some specific conditions allowing awards over $5,000).

Statute Limitations

The statute of limitations sets the deadline for filing a case, and this time limit varies depending on the type of case. Most statutes of limitations can be found in Chapter 926 of the Connecticut General Statutes.

If you're filing a claim to collect consumer debt (like personal, family, or household debts), you'll need to be prepared to explain why the statute of limitations hasn't expired. For more details, you can refer to section 52-350a(2) of the Connecticut General Statutes.

Filling a Claim

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

1. Complete the Form: Fill out the Small Claims Writ and Notice of Suit (form JD-CV-40). Make sure to type or neatly print your information. Use the "Instructions to Plaintiff" section on the form to help you complete it correctly.
2. Additional Guidance: For more detailed instructions, you can refer to the How-To Program specifically for filling out the Small Claims Writ and Notice of Suit (JD-CV-40).
3. Accessing Forms: You can find the necessary forms online or at any court location that handles small claims cases. To determine the correct court location for your town, as well as the court’s address and telephone number, check the "Where to File Small Claims Matters" resource.
4. Roles in the Case: The person who files the case is the plaintiff, and the person being sued is the defendant. If the court rules in your favor, you become the "judgment creditor," and the person who has to pay becomes the "judgment debtor."
5. Additional Parties: If your case involves more plaintiffs or defendants than the form JD-CV-40 can accommodate, use 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. You can have this done by the Court Clerk, a Notary Public, or a Commissioner of the Superior Court (any Connecticut attorney). Be sure to 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 Hartford County Connecticut's Small Claims Court, you'll need to pay a $95.00 entry (filing) fee.

Payment Methods:

• Cash
• Check or Money Order: Make it payable to "Clerk of the Superior Court."
• Credit Card (MasterCard or Visa): This option is available if you're paying in person.

In-Person Payment: If you're submitting your claim in person and plan to pay with a personal check, make sure to bring a valid state-issued photo ID, such as a driver's license, U.S. passport, or Military ID.

Winning the Case: If you win your case, the entry fee and any costs related to serving the defendant will be added to the judgment, meaning the defendant will be required to reimburse you.

Where to File

Venue for Filing:

• For Individual Plaintiffs: File in the court for the city or town where:
  • You live,
  • The defendant lives or conducts business
  • The transaction or injury occurred.
• For Business Entities: File in the court for the city or town where:
  • The defendant lives,
  • The defendant is doing business
  • The transaction or injury occurred.
• Landlord-Tenant Matters:
  • If possible, file in the housing session where the property is located.
  • If a housing session isn’t available, file in the judicial district where the property is located.

Finding Court Locations: Use the "Where to File Small Claims Matters" resource to find court locations and contact details.

Electronic Filing: To file electronically, you need to sign up for Judicial Branch E-Services.

Defendants

When suing different types of defendants in Connecticut's Small Claims Court, follow these steps:

• Identifying the Type of Defendant:
  • Corporation or LLC: To confirm the defendant's type and get the correct address, call the Secretary of the State at 860-509-6002.
  • DBA (Doing Business As) or Trade Name: Contact the town clerk's office where the business is located to find out the name of the business owner.
• Using the Defendant’s Name:
  • Always use the exact and complete name of the person or business when filing your claim. Leaving out parts of the name or using abbreviations can make it difficult to collect the judgment if you win the case.
• Out-of-State Defendants:
  • Individual: You can only file a claim against an out-of-state individual if they own property in Connecticut. Be sure to include a statement in your claim confirming this.
  • Business Entity: If the business is out of state, check with the Secretary of the State to see if they have an agent for service in Connecticut. You’ll need to serve the Small Claims Writ and Notice of Suit through a proper officer, like a state marshal. You can find a list of state marshals through the appropriate resources.

Serve the Defendant

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

Preparation:

1. Deliver to the Defendant: Provide each defendant with a copy of the completed original Writ, all attachments, and the Instructions to Defendant (form JD-CV-121). This must be done before filing these documents with the court.
2. Complete the Statement of Service: After delivering the documents, fill out a Statement of Service (Delivery) Small Claims (form JD-CV-123), detailing how you served the Writ.

Filing:

1. Submit to the Court: File the original Writ, Statement of Service, and copies of all attachments with the court, along with the required entry fee.
2. Keep Copies: Retain copies of all documents and original exhibits for your own records.

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, then complete the Statement of Service once you receive the signed return receipt, and file it with the court.
• Nationally Recognized Courier Service: Use a courier to deliver the Writ and attachments. Retain the tracking information and complete the Statement of Service.
• Proper Officer (e.g., State Marshal): Provide the Writ and attachments to a proper officer for service. The officer will file the Writ and associated documents with the court along with their return of service.

Deadlines:

• Return to Court: The Small Claims Writ and Notice of Suit must be returned to the court within one month of service.

Court Processing:

• Setting the Answer Date: Once filed, the clerk will assign 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

When suing an individual in Connecticut's Small Claims Court, you must provide an affidavit confirming whether the defendant is in the military or naval service. This is crucial because you can't obtain a default judgment against a defendant who hasn't filed an answer unless you've submitted this affidavit.

Here’s How to Verify the Defendant’s Military Status:

1. Check Military Status:
   • Visit 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 due to the site being hosted by the Department of Defense.
2. If You Lack Information:
   • No Date of Birth or Social Security Number
     • Obtain an affidavit from someone who knows the defendant well, or
     • Include details about the defendant’s full-time employment in your own affidavit.
   • Use the court form Affidavit Concerning Military Service (form JD-FM-178) to submit this information.

Defendant Options

File Your Answer:

1. Deadline:
   • Submit your answer on or before the answer date specified on the Answer form sent by the court.
2. Submission:
   • Return the completed Answer form by mail, fax, or hand delivery to the court clerk.
   • Send a copy of your answer to each attorney or representative of the plaintiff, or directly to the plaintiff if they are self-represented.
   • Complete the certification on the form to confirm that you have sent the copy to the appropriate parties.

Disagreeing with the Claim:

1. Check the Box:
   • Indicate on the form if you disagree with the claim or the amount.
2. Explanation:
   • Provide a brief explanation of why you believe you do not owe the money.
3. Attachments:
   • Include copies of supporting documents, such as receipts, letters, contracts, or leases. Be sure to redact any personal identifying information (e.g., Social Security numbers, credit card details) from these documents.

Motion to Transfer:

1. Transfer Case: If you want 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.

Electronic Filing:

1. E-Services: To file electronically, sign up for Judicial Branch E-Services. For more information, visit the E-File in Small Claims Matters page.

Counterclaim

To file a counterclaim in Small Claims Court:

• Timing:

  • File by Answer Date: Submit your counterclaim on or before the answer date specified. If a judgment has already been entered against you, you can file your counterclaim when a motion to open the judgment is granted.

• Counterclaim Details:

  • Claim: If you believe the plaintiff owes you money or has another claim against them, you can include this in your counterclaim.

• Filing Fee:

  • Fee: There is a $95.00 fee for filing a counterclaim.

• Payment Methods:

  • Cash
  • Check or Money Order: Make it payable to "Clerk of the Superior Court."
  • Credit Card (MasterCard or Visa): This option is available if paying in person.
  • Personal Check: If using a personal check, bring a valid state-issued photo ID (e.g., driver's license, U.S. passport, or Military ID).

• 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: Jury trials are not an option in Small Claims Court.
• Requesting a Jury: If you want a jury trial, you need to file a motion to transfer the case to the regular court docket.

Who Decides Small Claims Cases:

• Magistrates: Typically, Small Claims cases are decided by Magistrates appointed by the Chief Court Administrator. For more details, refer to section 51-193l of the Connecticut General Statutes.
• Judges: Cases may also be heard by judges or judge trial referees.
• Commissioners: In some instances, 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 on Online Dispute Resolutions (ODR) and settlement conferences, check the Online Dispute Resolutions - FAQs.

Collecting Judgment

Collecting Money After Winning Your Case:

1. Court's Role:
   • The court does not collect the money for you. Instead, you need to take action to collect the judgment yourself.
2. Requesting an Execution:
   • Request that the court clerk issue an execution. This allows you to hire a state marshal to attach the judgment debtor’s (defendant’s) wages, nonexempt personal property, or bank accounts. Real estate cannot be attached.
3. Filling Out Forms:
   • Wage Execution:
     • Form JD-CV-3: Application, Order, and Execution
     • Form JD-CV-3a: Exemption and Modification Claim Form
   • Property Execution:
     • Form JD-CV-5: Application, Order, and Execution
     • Form JD-CV-5b: Exemption Claim Form
   • Financial Institution Execution for Natural Persons:
     • Form JD-CV-24: Application and Execution
     • Form JD-CV-24a: Exemption Claim Form
   • Financial Institution Execution for Non-Natural Persons:*
     • Form JD-CV-24N: Application and Execution
4. Fees:
   • There is a $105.00 fee for each application.
5. Enforcement Duration:
   • You can enforce a judgment for up to 10 years from the date the judgment was rendered.
6. Additional Resources:
   • Review the Forms you may need to collect on a Civil Judgment

Appealing

• Appealing a Decision:
  • No Appeals: Decisions made in Small Claims Court cannot be appealed.
• Impact on Credit Rating:
  • Credit Report: Small claims judgments are public records and can show up on your credit report, which may impact your credit rating.
  • Consumer Credit Report Laws: Refer to section 36a-695 and related statutes of the Connecticut General Statutes for information on laws regarding Consumer Credit Reports.
• Disputing Errors:
  • Obtain Copies: To dispute errors on your credit report, you can get copies from the court file for a fee of $1.00 per page.
• Complaints:
  • Consumer Credit Reporting Agency: If you have complaints about credit reporting agencies, you can file them with the Connecticut Banking Department, Consumer Credit Division. The office is located at 260 Constitution Plaza, Hartford, CT 06103-1800. For more information, 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:
  • You can place a judgment lien on real property if a money judgment remains unpaid. To do this, record the lien in the land records at the town clerk’s office where the property is located, as outlined in 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. Ensure that the judgment lien certificate, signed by the judgment creditor or their attorney, is 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 initiate a foreclosure action within the lien period and follow the requirements set forth in the statute.

Satisfaction of Judgment

Reporting Full Payment of a Judgment

• Requirement:
  • When the judgment owed to you has been paid in full, you are required to notify the court. This process is called "satisfaction of judgment."
• Procedure:

1. Complete the Form:
   • Fill out the Satisfaction of Judgment form (form JD-CV-164).
2. File with the Court:
   • Submit the completed form to the court within 90 days of receiving the full payment.

• Regulation:
  • This requirement is outlined in section 24-30 of the Connecticut Practice Book.

By following this process, you ensure that the court is officially notified that the debt has been paid, which is important for closing out the case properly.

Let Squabble Help You With Your Small Claim at Hartford 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 Hartford 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.

Courthouse Locations:

1. Hartford Judicial District (Hartford Superior Court)

   95 Washington Street
   Hartford, CT 06106
   (860) 548-2700
   https://jud.ct.gov/directory/directory/directions/26.htm

   BUILDING HOURS

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

2. New Britain Judicial District (New Britain Superior Court)

   20 Franklin Square
   New Britain, CT 06051
   (860) 515-5180
   https://www.jud.ct.gov/directory/directory/directions/29.htm

   BUILDING HOURS

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

3. Manchester Judicial District (Manchester Superior Court)

   410 Center Street
   Manchester, CT 06040
   (860) 647-1115
   https://jud.ct.gov/directory/directory/directions/12.htm

   BUILDING HOURS

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

4. Bristol Judicial District (Bristol Superior Court)

   131 North Main Street
   Bristol, CT 06010
   (860) 584-6200
   https://www.jud.ct.gov/directory/directory/directions/17.htm

   BUILDING HOURS

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