Small Claims Court in Providence County

In Providence County, RI small claims cases are typically filed in the District Court. Providence County has 1 District 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 Providence Court System.

Small Claims Court

Small claims cases are managed by the District Court when they involve a contract, a retail purchase, or services provided, with a claim amount of $5,000 or less. These cases are intended to deliver quick and final resolutions. It's important to know that the clerks aren't lawyers, so they can't offer legal advice. While they can give you general information, they can't help you complete forms or guide you on how to handle your case. If you file a small claims case, the only outcome you can seek is a monetary judgment.

Cases Handled

You Can File in Small Claims Court:

1. Contracts: Disputes involving agreements, whether written or verbal.
2. Collection Matters: Cases where you're trying to recover unpaid bills or fees.
3. Consumer Claims: Issues related to unsatisfactory products or services.

You Cannot File in Small Claims Court:

1. Personal Injury Cases: Claims for injuries caused by another person or entity.
2. Negligence Cases: Such as those involving car accidents.
3. Property Damage: Claims for damages to property.

Filing Small Claim

When you file a small claims case, the court can only issue a judgment for a monetary amount. This means the court cannot order someone to take a specific action or to stop doing something. For instance, the court cannot make someone move a fence, stop making noise, or continue working on your vehicle until it's properly repaired. Similarly, the court cannot require someone to return items like jewelry or pets.

In a small claims case, you are the Plaintiff, and the person you are suing is the Defendant. As the Plaintiff, if you lose your case or are awarded less than you requested, you give up your right to appeal. However, if you win, the Defendant has 48 hours to file an appeal to the Superior Court.

If you are the Defendant and file a counterclaim, you also give up your right to appeal if you lose the counterclaim or receive less than you requested. If you win the counterclaim, the Plaintiff has 48 hours to appeal to the Superior Court.

The fee for filing an appeal varies and can range from $25.00 to $170.75, depending on the Clerk’s Office. Once an appeal is filed, the case will be transferred to the Superior Court.

Service of Summons

After you file your small claims case, the clerk’s office will generate a summons. This summons, along with the Small Claims Notice of Suit - Complaint, Small Claims Notice of Suit - Answer, and language assistance forms, will be delivered to the Defendant by a sheriff or an authorized constable. There will be a service fee for this, which you are responsible for paying.

Once the sheriff or constable has served the summons and related documents to the Defendant, they will mail the served summons back to you. You must then file this summons with the clerk’s office to move forward with your case.

No Answer Filed

The Defendant has 20 days from the date the summons is served to respond to the claim. If the Defendant does not file an answer within this 20-day period, they will be in default, and a default judgment will be entered against them. This means you automatically win the case by default.

Answer Filed

If the Defendant does respond within the 20-day window, the clerk’s office will schedule the case for trial.

Preparing for Trial

On the day of the trial, it's important to bring all evidence that supports your claim, such as documents, pictures, receipts, and contracts. Additionally, having an expert witness to support your claims can be beneficial. An expert witness is someone who is allowed to testify at the trial because of their specialized expertise, training, or knowledge in a field relevant to your case.

Mediation

When a case is filed by a self-represented plaintiff and the Defendant files an answer, the case will be referred to mediation. During mediation, both parties will have the opportunity to reach an agreement with the help of a neutral mediator. If no agreement is reached, the case will proceed to trial before a judicial officer of the District Court.

Jurisdiction

Small claims actions are governed by G.L. § 10-16-1, which sets the jurisdictional limit for monetary judgments. These limits are strictly enforced. If a small claims case includes multiple causes of action, especially those involving negligence or other torts, the default assumption is that the entire claim should be dismissed without prejudice. This allows all causes of action to be heard together in the appropriate forum. It's also important to note that debt on judgment actions cannot be filed as small claims cases.

Dismissal of Small Claims Actions

If the court becomes aware that the same cause of action between the same parties is already being addressed in a regular session of the District or Superior Courts, the small claims action will be dismissed without prejudice.

Counterclaims

A counterclaim can be heard in a small claims proceeding if it is of a nature that, had the defendant originally sued the plaintiff on this claim, the court would have had the authority to hear it.

Jurisdictionally Excessive Counterclaims

If a counterclaim is filed in a small claims case that exceeds the jurisdictional limit, the judicial officer handling the case has a few options:

(A) Nonsuit Decision: The officer may decide against the plaintiff, similar to a nonsuit, awarding costs to the defendant but not further addressing the defendant's counterclaim. The defendant retains the right to sue for their claim in a different forum, as if the small claims action had never started (per G.L. § 10-16-9).

(B) Dismiss Both Claims: The officer may dismiss both the plaintiff's claim and the defendant's counterclaim without prejudice, allowing both parties to pursue their claims in a proper forum.

(C) Dismiss the Counterclaim: The officer may choose to dismiss only the counterclaim without prejudice, provided that the counterclaim is permissive (optional) rather than compulsory (required).

Judgment

Default

If the defendant does not respond to the claim after being properly served, the court will automatically enter a default judgment against the defendant without any further notice.

Entry and Enforcement of Judgment

After a judgment is entered, several District Court forms and writs can be used in small claims cases without needing any modifications. These include the Writ of Execution, Citation in Supplementary Proceedings, Writ of Attachment, and various notices and motions related to wage attachment, garnishment, and subpoenas. If a bank account is attached after judgment, the defendant is entitled to the same notices and hearing rights as in a regular District Court case. The latest forms can be found on the Judiciary's website at www.courts.ri.gov under Public Resources, Forms.

Appeals

Appeal Rights

According to G.L. § 10-16-1, the plaintiff waives the right to appeal any unfavorable decision in a small claims action. The defendant, however, can appeal within two days (excluding weekends and legal holidays) from any adverse decision, except those specified in G.L. § 10-16-14. The appeal must be filed in writing with the clerk of the District Court division where the case was heard, along with the appropriate appeal fee and any technology surcharges. The most up-to-date appeal forms are available on the Judiciary's website under Public Resources, Forms. If the defendant files a counterclaim, they waive the right to appeal the counterclaim, and only the plaintiff retains the right to appeal in that situation.

Cost of Appeal

The filing fee for appealing a small claims action is set by statute, plus any applicable technology surcharges.

Courthouse Locations:

Garrahy Judicial Complex

1 Dorrance Plaza
Providence, RI 02903
(401) 458-5279
https://www.courts.ri.gov/Pages/default.aspx

BUILDING HOURS

• Monday - Friday 8:30AM - 4:00PM, except court holidays.

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