Small Claims Court in New Haven County

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

Small Claims Court

In New Haven County, Connecticut, if you're looking to recover money, you can file a lawsuit in Small Claims Court. Generally, you can claim up to $5,000, but if your case involves a home improvement contract, that limit jumps to $15,000 according to state law. You may also be able to seek interest and additional costs.

For disputes regarding security deposits, tenants can actually claim double the amount that was wrongfully withheld, even if it goes over the $5,000 limit. These guidelines come from sections 51-15(d) and 47a-21 of the Connecticut General Statutes.

You don’t necessarily need a lawyer to represent you in Small Claims Court. Most cases are heard by Magistrates—lawyers appointed by the Chief Court Administrator—but judges or trial referees can also oversee the proceedings. All of these individuals are classified as "judicial authorities" under section 51-193l of the Connecticut General Statutes.

The court operates under straightforward evidence rules, and there are no recorded transcripts of the proceedings, so you can't appeal the court’s decision.

If you're from out of state, you can still file a claim in Connecticut, but be aware that you may need to attend court hearings if the defendant disputes any part of the case or if the court requires your presence.

Cases Handled

In New Haven County, Connecticut, Small Claims Court deals with a range of cases, including:

• Unpaid rent
• Refunds for security deposits
• Property damage claims
• Outstanding debts
• Motor vehicle accident disputes
• Breaches of written or verbal contracts
• Medical bills from healthcare providers
• Other claims for $5,000 or less (or up to $15,000 for home improvement contract issues)

Cases that do not belong in Small Claims

• Libel or slander
• Damage to your reputation
• Name-calling
• Claims exceeding $5,000, with the exception of home improvement contract disputes, which can be filed for up to $15,000 (and under certain conditions, awards may go beyond $5,000).

Statute Limitations

The statute of limitations establishes the deadline for filing a case, and this time frame differs based on the type of claim. Most of these deadlines are outlined in Chapter 926 of the Connecticut General Statutes. If you're looking to collect consumer debt—such as personal, family, or household debts—you should be ready to explain why the statute of limitations is still valid. For more information, you can check 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: Start by filling out the Small Claims Writ and Notice of Suit (form JD-CV-40). Make sure to type or clearly print your information. You can refer to the "Instructions to Plaintiff" section on the form for guidance on how to fill it out correctly.
2. Get Additional Guidance: For more detailed instructions, consider checking the How-To Program that provides specific help for completing the Small Claims Writ and Notice of Suit (JD-CV-40).
3. Access Forms: You can find the necessary forms online or at any court that handles small claims cases. To locate the appropriate court for your town, including its address and phone number, consult the resource titled "Where to File Small Claims Matters."
4. Understand the Roles in the Case: The person who files the case is called the plaintiff, while the person being sued is known as the defendant. If the court rules in your favor, you will be termed the "judgment creditor," and the individual who must pay is the "judgment debtor."
5. Include Additional Parties: If your case involves more plaintiffs or defendants than the JD-CV-40 form can accommodate, use and attach the Continuation of Parties form (JD-CV-67).
6. Notarize Your Signature: Your signature on the Small Claims Writ and Notice of Suit must be notarized. You can have this done by a Court Clerk, a Notary Public, or a Commissioner of the Superior Court (any licensed attorney in Connecticut). Remember to sign the form in front of the notary, print your name and title (if applicable), and ensure the notary signs it as well.

Cost

To file a claim in New Haven County, Connecticut's Small Claims Court, you’ll need to pay a $95.00 filing fee. Here’s how to make that payment:

Payment Methods:

• Cash
• Check or Money Order: Make it payable to "Clerk of the Superior Court."
• Credit Card: You can use a MasterCard or Visa 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, be 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 associated with serving the defendant will be added to your judgment, meaning the defendant will be required to reimburse you for those expenses.

Where to File

If you're looking to file a Small Claims case in Connecticut, here’s where to do it:

Venue for Filing:

• For Individual Plaintiffs: You should 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 conducts business
  • The transaction or injury occurred
• Landlord-Tenant Matters:
  • If possible, file in the housing session for the area where the property is located.
  • If there’s no housing session available, file in the judicial district where the property is situated.

Finding Court Locations:

• To find court locations and contact information, refer to the resource titled "Where to File Small Claims Matters."

Electronic Filing:

• If you prefer to file electronically, you’ll 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 you file these documents with the court.
2. Complete the Statement of Service:
   • After delivering the documents, fill out the Statement of Service (Delivery) Small Claims (form JD-CV-123), detailing how you served the Writ.

Filing:

3. 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.
4. 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 then file the Writ and associated documents with the court, along with their return of service.

Deadlines:

5. Return to Court:
   • The Small Claims Writ and Notice of Suit must be returned to the court within one month of service.
6. Court Processing:
   • After you file the documents, the clerk will assign 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

When suing an individual in Connecticut's Small Claims Court, it's essential to provide an affidavit confirming whether the defendant is in military or naval service. This is important because you cannot 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 and access the SCRA Database. You will need the defendant’s full name, date of birth, or Social Security number to perform the search. 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.
     • Alternatively, include details about the defendant’s full-time employment in your own affidavit.
3. Use the Court Form:
   • Utilize the Affidavit Concerning Military Service (form JD-FM-178) to submit the necessary information regarding the defendant’s military status.

Defendant Options

File Your Answer:

• Deadline:
  • Submit your answer on or before the answer date specified on the Answer form sent by the court.
• Submission:
  • Return the completed Answer form to the court clerk by mail, fax, or hand delivery.
  • Make sure to 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 a 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:
  • 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:
  • 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, 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: Unfortunately, jury trials are not an option in Small Claims Court.
• Requesting a Jury: If you wish to have a jury trial, you must file a motion to transfer your case to the regular court docket.

Who Decides Small Claims Cases:

• Magistrates: Typically, Small Claims cases are decided by Magistrates who are appointed by the Chief Court Administrator. For further 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 certain situations, if both parties agree, a Commissioner approved by the Chief Court Administrator may hear the case. For more information, see section 52-549a of the Connecticut General Statutes.

Collecting Judgment

Collecting Money After Winning Your Case:

• Court's Role:
  • The court does not collect the money for you. Instead, you are responsible for taking action to collect the judgment yourself.
• Requesting an Execution:
  • You can request that the court clerk issue an execution. This document allows you to hire a state marshal to attach the judgment debtor’s (the defendant’s) wages, nonexempt personal property, or bank accounts. Note that real estate cannot be attached.
• 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
  • Fees:
    • There is a $105.00 fee for each application.
  • Enforcement Duration:
    • You can enforce a judgment for up to 10 years from the date the judgment was rendered.
  • Additional Resources:
    • For more detailed instructions and forms, review the Forms you may need to collect on a Civil Judgment available on the county official website.

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 may appear on your credit report, potentially affecting your credit rating.
• Consumer Credit Report Laws: For information on laws regarding consumer credit reports, refer to section 36a-695 and related statutes of the Connecticut General Statutes.

Disputing Errors:

• Obtain Copies: If you need to dispute errors 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: 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 known as "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.

Courthouse Locations:

New Haven Judicial District

235 Church Street
New Haven, CT 06510
(203) 503-6800
https://www.jud.ct.gov/directory/directory/directions/30.htm

**BUILDING HOURS **

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

Let Squabble Help You With Your Small Claim at New Haven County

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