Small Claims Court in Litchfield County

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

Small Claims Court

In Litchfield County, Connecticut, the Small Claims Court is where people can file lawsuits for money damages, typically up to $5,000. If your case involves a home improvement contract, though, the limit goes up to $15,000, as specified by state law. In addition to the original claim, you may also be able to seek interest and costs. For tenants trying to get back a security deposit, if the deposit was wrongfully withheld, they might be able to recover double the amount, even if it exceeds $5,000. These rules are set out in sections 51-15 (d) and 47a-21 of the Connecticut General Statutes.

You don’t need a lawyer to file a case in Small Claims Court. Cases are usually heard by Magistrates—lawyers appointed by the Chief Court Administrator—though they can also be heard by judges or trial referees, all known as "judicial authorities" under section 51-193l of the Connecticut General Statutes.

The court keeps things simple with the rules of evidence, so the process is straightforward. Trials aren't recorded, so there are no transcripts, and you can't appeal the court’s decision.

Even if you're from out of state, you can file a claim in Connecticut. However, if the defendant challenges any part of the case or if the court needs you to be there, you might have to attend the hearings in person.

Cases Handled

The Small Claims Court in Litchfield County, Connecticut handles a range of cases, including:

• Back rent
• Return of security deposits
• Damaged or broken property
• Unpaid bills
• Motor vehicle accidents
• Breach of written or verbal contracts
• Medical bills from doctors or hospitals
• Other claims seeking $5,000 or less (up to $15,000 for home improvement contract disputes)

Cases not belong in Small Claims

The Small Claims Court in Litchfield County, Connecticut does not handle:

• Libel or slander
• Damage to your reputation
• Name-calling
• Claims seeking more than $5,000, unless it involves a home improvement contract dispute, which has a limit of $15,000 (see specific conditions where more than $5,000 may be awarded).

Statute Limitations

A statute of limitations establishes the time frame within which you can start a legal case, and this time limit varies depending on the type of case. Most of these time limits are outlined in Chapter 926 of the Connecticut General Statutes. If you're filing a claim to collect consumer debt (related to personal, family, or household matters), you'll need to explain why the statute of limitations hasn't expired. For more details, refer to section 52-350a (2) of the Connecticut General Statutes.

Filling a Claim

To file a claim in 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). Be sure to type or neatly print your information on the form. Use the "Instructions to Plaintiff" section of the form JD-CV-40 to guide you in filling it out correctly.
2. Additional Guidance: For detailed instructions on filling out the form, you can refer to the How-To Program, which provides step-by-step guidance for completing the Small Claims Writ and Notice of Suit (JD-CV-40).
3. Accessing Forms: You can get forms online or at any court that handles small claims cases. To find the court location for your town, along with the address and phone number, refer to the "Where to File Small Claims Matters" resource.
4. Roles in the Case: In the case, the person filing the claim is the plaintiff, and the person being sued is the defendant. After the court 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 space allows on form JD-CV-40, you’ll need to 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 (a 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 Connecticut's Small Claims Court, there is a $95.00 filing fee. Here’s how to pay it:

• Payment Methods:
  • Cash
  • Check or Money Order made out to "Clerk of the Superior Court"
  • Credit Card (MasterCard or Visa) if paying in person
• In-Person Payment: If you are hand-delivering the claim and paying 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 filing fee and any costs related to serving the defendant will be added to the judgment.

Where to File

For Small Claims cases in Connecticut, here’s where you should file:

• Venue for Filing:
  • Individual Plaintiff: You can 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
  • Landlord-Tenant Matters: If the property is located in a housing session, file there. If not, file in the judicial district where the property is located.
• Finding Court Locations: To find the court location and contact information for your town, refer to the "Where to File Small Claims Matters" resource.
• Electronic Filing: If you wish to file electronically, sign up for Judicial Branch E-Services. For more details, visit the E-Services page.

Defendants

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

Identifying the Type of Defendant:

• Corporation or LLC: To confirm the type of business and get the correct address, contact the Secretary of the State at 860-509-6002.
• DBA (Doing Business As) or Trade Name: To find the name of the business owner, contact the town clerk’s office where the business is located.

Using the Defendant’s Name:

• Always use the full, exact name of the person or business. Avoid abbreviating or leaving out parts of the name, as this can affect your ability to collect 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. Make sure to include a statement confirming this in your claim.
• 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, refer to the relevant resources.

Serve the Defendant

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

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

Military Affidavit

If the defendant is an individual, you are required to provide an affidavit confirming whether or not the defendant is in military or naval service. This is important because you cannot obtain a default judgment against a defendant who has not filed an answer unless this affidavit is filed.

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

• Check Military Status:
  • Use the U.S. Department of Defense’s SCRA Database to check the defendant’s military status. You will 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.
• If You Lack Information:
  • If you don’t have the defendant’s date of birth or Social Security number, you can:
    1. Obtain an affidavit from someone who knows the defendant well.
    2. Provide the place of the defendant’s full-time employment in your own affidavit.

In either case, 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 by the answer date, which will be listed on the Answer form sent by the court.
• Submission: Return the completed Answer form by mail, fax, or hand delivery to the court clerk. Also, send a copy to each attorney or representative of the plaintiff, or directly to the plaintiff if they are self-represented. Be sure to complete the certification confirming you’ve sent the copy.

2. Disagreeing with the Claim:

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

3. Motion to Transfer:

• 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 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: You must submit your counterclaim on or before the answer date. If a judgment has already been entered against you, you can file the counterclaim when a motion to open the judgment is granted.

2. Counterclaim Details:

   • Claim: If you believe the plaintiff owes you money, you can include this claim in your counterclaim.

3. Filing Fee:

   • Fee: There is a $95.00 fee to file a counterclaim.

4. Payment Methods:

   • Cash
   • Check or Money Order made out to "Clerk of the Superior Court"
   • Credit Card (MasterCard or Visa) if paying in person

5. Personal Check:

   • If you are paying by personal check, make sure to bring a valid state-issued photo ID (e.g., driver’s license, U.S. passport, or Military ID).

6. 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: Small Claims Court does not offer jury trials.
  • 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: Most Small Claims cases are decided by Magistrates, who are appointed by the Chief Court Administrator. For more details, refer to section 51-193l of the Connecticut General Statutes.
  • Judges: Some cases may also be heard by judges or judge trial referees.
  • Commissioners: In certain cases, if both parties agree, a Commissioner approved by the Chief Court Administrator may hear the case. For more information, refer to section 52-549a of the Connecticut General Statutes.
• ODR Settlement Conference:
  • More Information: For details about Online Dispute Resolutions (ODR) and settlement conferences, check the Online Dispute Resolutions - FAQs page.

Judgment and Post Judgment

Collecting Money After Winning Your Case

• Collection Responsibility:
  • The court does not collect the money for you. You are responsible for taking steps to collect the judgment yourself.
• Requesting an Execution:
  • Process: You must request the court clerk to 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).
• Forms and Fees:
  • Wage Execution:
    • Application and Executio: 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: The fee for each application is $105.00.
• Enforcement Duration:
  • You can enforce the judgment for up to 10 years from the date of the judgment.

Appealing

• 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: For laws on Consumer Credit Reports, refer to section 36a-695 and the following statutes in the Connecticut General Statutes.
• Disputing Errors:
  • If you wish to dispute errors on your credit report, you can obtain copies of the relevant 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, 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 at the town clerk’s office where the property is located, as specified 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.
  • 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 initiate 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 called "satisfaction of judgment."
• Procedure:
  1. Complete the Satisfaction of Judgment form (form JD-CV-164).
  2. File the completed form with the court within 90 days after receiving full payment.

Courthouse Locations:

Litchfield Judicial District Courthouse at Torrington

50 Field St.
Torrington, CT 06790
(860) 626-2100
https://www.jud.ct.gov/directory/directory/directions/litchfield_torrington.htm

BUILDING HOURS

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

CITIES SERVES

• Barkhamsted
  • Pleasant Valley
  • Riverton
• Bethlehem
  • Bethlehem Village
• Bridgewater
• Canaan
  • Falls Village
• Colebrook
• Cornwall
  • Cornwall
  • Cornwall Bridge
  • West Cornwall
• Goshen
  • West Goshen
• Harwinton
  • Northwest Harwinton
• Kent
  • Flanders
  • South Kent
• Litchfield
  • Bantam
  • East Litchfield
  • Northfield
• Morris
• New Hartford
  • New Hartford Center
  • Pine Meadow
• New Milford
  • Chimney Point
  • Downtown New Milford
  • Erickson Corner
  • Gaylordsville
  • Merryall
  • Northville
• Norfolk
  • North Canaan
• Plymouth
  • East Plymouth
  • Terryville
• Roxbury
• Salisbury
  • Lakeville
  • Lime Rock
• Sharon
  • Sharon
  • Sharon Valley
• Thomaston
• Warren
• Washington
  • New Preston
  • Watertown
  • Oakville
• Winchester
  • Winsted
• Woodbury
  • Hotchkissville
  • Woodbury Center

Let Squabble Help You With Your Small Claim at Litchfield County

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