Small Claims Court in Washington

In Washington, DC small claims cases are typically filed in the Small Claim Court. Washington has one 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 Washington Court System.

Small Claims

In Washington, DC you can file a lawsuit for $10,000 or less, you can do so in Small Claims Court, but only for monetary issues. To start, you'll need to fill out a Statement of Claim and an Information Sheet, which you can submit at the Small Claims Clerk's Office located in Court Building B, Room 120 at 510 4th Street, NW.

The person filing is the plaintiff, while the one being sued is the defendant. Your Statement of Claim should clearly state why you believe the defendant owes you money, including relevant dates and details. Make sure to include copies of any important documents like contracts. Don't forget that everyone involved must sign the statement, and if it's not notarized, bring a picture ID for verification.

The Small Claims Branch offers a more informal setting compared to other court branches, with straightforward procedures, making it accessible for most people without needing a lawyer.

To file a case, you must be at least 18 years old. If you're under 18 or considered incompetent—meaning a judge believes you can't make legal decisions—you must have a "representative or next friend" to file on your behalf. However, businesses must have a lawyer to file a claim in the Small Claims Branch.

Starting a Case in Small Claims Court

(a) To file a case in Small Claims, submit a straightforward statement of claim signed under oath. The clerk can assist individuals with the paperwork, but not businesses. Include a copy of the statement in the notice sent to the defendant, which can be served by the U.S. Marshal, registered mail, or an authorized person.

(b) If using registered or certified mail, the clerk will send the notice and keep a record. The return receipt serves as proof of service.

(c) If a private individual serves the notice, they must provide an affidavit to the clerk showing when and where it was done.

(d) Costs for service by the marshal or mail can be added to your case expenses; individual service costs cannot.

(e) Follow the specified format for the statement of claim, verification, and notice.

Fees and Cost Waivers in Small Claims Court

Fees for processing cases in the Small Claims Branch are set by the court. A judge can waive the requirement to prepay costs or any costs incurred during the case if the plaintiff provides a sworn statement or other proof of financial hardship. When costs are waived, it will be noted in the court records.
The terms "pauper" or "in forma pauperis" are not used in this branch. If a party is able to pay but does not, the judge may prevent them from filing new cases or continuing with pending cases until the costs are settled.

Small Claims Filing Fees in Washington, D.C.

41-I Motion to Reinstate: $25
Alias Notice of Statement of Claim (Reissue): $5
Application for Allowance of Appeal: $10
Appointment of Special Process: $5
Arbitration Agreement and Arbitration Award: $25
Certified Copy or True Seal Copy: $5
Counterclaim, Crossclaim, or 3rd Party Claim: $10
Fourth Party Complaint: $10
Intervening Complaint:$25
Jury Demand Request: $75
Motion: $10
Oral Examination: $10
Photocopy, Per Page: $0.50
Record Search, Per Name: $10
Returned Check: $45
Service - Certified Mail: $6.75
Service - Certified Mail with Restricted Delivery: $11.90
Service - Registered Mail: $15.50
Service - Registered Mail with Restricted Delivery: $20.65
Statement of Claim for Action Over $2,500.00 up to $10,000.00: $45
Statement of Claim for Action Over $500.00 up to $2,500.00: $10
Statement of Claim for Action up to $500.00: $5
Transcript for Docketing: $5
Triple Seal: $10
Writ of Attachment - Before and After Judgment: $10
Writ of Fieri Facias: $10
Writ of Restitution: $10

Counterclaims

If a defendant raises a set-off or counterclaim, the judge may ask for a formal plea to be filed or choose to waive this requirement. If the plaintiff needs time to prepare a defense against the counterclaim, the judge can postpone the case accordingly. Even if the set-off or counterclaim exceeds the Small Claims Branch's limit but is still within the Superior Court's jurisdiction, the case will remain in the Small Claims Branch and be fully tried there.

Mediation

Mediation in Small Claims is designed to help parties settle their disputes without going to trial. Mediators are neutral and facilitate discussions to reach a mutually agreeable solution. Mediation sessions are confidential and typically last up to three hours. On your court date, your case will be referred to mediation, which is usually done remotely unless everyone agrees to meet in person.
To prepare, expect an email from your case manager about a week before mediation, containing details and a link to join. If you want in-person mediation, request it within 24 hours of receiving the scheduling email, and all participants must agree.
Agreements made during mediation are confidential but will be recorded by the court. If someone doesn’t follow the agreement, the court can enforce it. If mediation doesn’t result in a settlement, you’ll move on to a judge for the next steps, which could involve a hearing or trial.

Pre-Trial and Trial Procedures in Small Claims

(a) On the scheduled return day or another date set by the judge, the trial will occur. Before starting the trial, the judge will attempt to settle the case through conciliation. If this effort fails, the trial will proceed.

(b) Both parties and witnesses will be sworn in. The judge will conduct the trial to ensure fairness and justice, following substantive law, but is not strictly bound by procedural rules, except for privileged communications.

(c) If the defendant doesn’t show up, the plaintiff can receive a default judgment. If the plaintiff is absent, the case may be dismissed, a nonsuit can be ordered, or the defendant can continue to trial. If both parties fail to appear, the judge may dismiss the case or return it to the files for future proceedings, based on what is just.

Judgment and Enforcement in Small Claims

When a judgment is about to be rendered, if the losing party requests it, the judge will review their financial situation. The judge may then delay the entry of judgment and execution, except for wage claims, and set up a payment plan that ensures a steady reduction of the judgment.
If the party fails to make an installment payment without a valid reason, the stay of execution will be lifted. If no stay has been ordered or if it is lifted, the winning party can pursue all available enforcement remedies in the Superior Court.

Judgment for Wages and Oral Examination

If a judgment is based on a claim for wages or personal services, the winning party can request that the losing party appear for an oral examination about their financial situation and ability to pay the judgment. This examination can occur once a week for up to four weeks. The judge may also issue additional orders to ensure the judgment is paid under reasonable terms.

Award of Costs

In actions under this chapter, the judge has discretion to award costs. This may include reasonable expenses for bonds, undertakings, and other related costs incurred by either party during the case.

Rights of Judgment Creditors

Unless stated otherwise in this chapter or the court rules, a party who wins a judgment in the Small Claims and Conciliation Branch has the same rights, remedies, processes, costs, and benefits as any other judgment creditor in the court.

Courthouse Location:

D.C. Superior Court - Civil Division (Small Claims)

Court Building B
510 4th Street, NW, Room 120
Washington, DC 20001
Civil Actions Branch: (202) 879-1133
Small Claims Branch: (202) 879-1120
https://www.dccourts.gov/

BUILDING HOURS

Monday – Friday 8:30 a.m. – 5:00 p.m., except court holiday
Saturdays 9:00 a.m. to 12 noon
Wednesdays 6:30 p.m. to 8:00 p.m. (only Small Claims and Landlord & Tenant)

Let Squabble Help You With Your Small Claim at Washington DC

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 DC 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.