Small Claims Court in Washington County

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

Small Claims Cases

Small claims cases are handled in District Court for situations involving contracts, retail sales, or services, where the amount you’re seeking is $5,000 or less. The purpose of small claims is to offer a quick and final resolution to disputes. Keep in mind, the court clerks are not lawyers, so while they can provide general information, they can't offer legal advice or help fill out forms. If you decide to file a small claims case, note that the only type of judgment you can receive is a money judgment.

Cases Handled

You can file in small claims court for the following types of cases:

  • Contracts: Disputes over agreements, whether they were made in writing or verbally.
  • Collection Matters: Cases where you're trying to recover unpaid bills or fees.
  • Consumer Claims: Issues related to products or services that didn’t meet expectations or were unsatisfactory.

Cases You Cannot File However, small claims court does not handle the following types of cases:

  • Personal Injury: Claims for injuries caused by someone else’s actions.
  • Negligence: Cases such as car accidents or other situations where negligence is involved.
  • Property Damage: Claims for damage to property, such as broken items or real estate.

Service of Summons and Complaint To start a small claims case, the defendant must be personally served with a summons and complaint. This can be done in several ways:

  • Personal service: A copy of the summons and complaint is handed directly to the defendant.
  • Service at the defendant’s home: If the defendant isn’t home, the summons can be left with someone of suitable age and discretion at their usual residence.
  • Service through an agent: If the defendant has authorized an agent (either by appointment or by law), service can be made by delivering the documents to them.
  • Service on a person with a guardian or conservator: If the defendant has a guardian or conservator, the summons is served on them.
  • Service in a corporation: For a private company, service can be made by delivering the summons to an officer, general agent, or an employee at the company’s office. For a public corporation or government entity, service is made to any officer, director, or manager.

Service can be carried out by either:

  • A deputy sheriff from the Rhode Island Sheriffs’ Department
  • A constable licensed by the Department of Business Regulations.

For alternative methods of service, it's best to consult an attorney. After service is completed, the original summons must be returned to the court clerk’s office to prove that service was properly made.

Mediation

If you’re representing yourself in a small claims case, and the defendant files an answer, your case will be referred to mediation. Mediation is a chance for both parties to try to reach a settlement before going to trial. If mediation doesn’t result in an agreement, the case will be scheduled for trial before a District Court judge.

Filing Small Claim When you file a case in small claims court, the court can only issue a monetary judgment —meaning the court can only order someone to pay a specific amount of money. It cannot order the other party to take any action or stop doing something. For example, the court can't require someone to:

  • Move a fence
  • Stop making noise
  • Finish working on your vehicle
  • Return items like jewelry or pets

Plaintiffs and Defendants

In small claims court, if you're bringing the case, you're called the Plaintiff, and the person you're suing is the Defendant.

  • If you, as the Plaintiff, lose your case or are awarded less money than you requested, you cannot appeal the decision.
  • However, if you win your case, the Defendant has 48 hours to file an appeal to the Superior Court.

If you're the Defendant and you file a counterclaim (a claim against the Plaintiff), the same rules apply:

  • If you lose the counterclaim or are awarded less than you requested, you cannot appeal.
  • If you win the counterclaim, the Plaintiff has 48 hours to appeal to the Superior Court.

Filing an Appeal

The fee for filing an appeal varies, ranging 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 for further proceedings.

Service of Summons

Once you file your small claims case, the clerk’s office will issue a summons. This summons, along with the Small Claims Notice of Suit - Complaint, Small Claims Notice of Suit - Answer, and any language assistance forms, will be delivered to the Defendant by a sheriff or an authorized constable.

Please note, you are responsible for paying a service fee for this delivery.

After the sheriff or constable serves the summons and related documents to the Defendant, they will send the served summons back to you by mail.

To continue with your case, you must file the returned summons with the clerk’s office. This step is necessary to move forward with your case in court.

No Answer Filed

The Defendant has 20 days from the date the summons is served to file a response (called an "answer") to your claim.

If the Defendant fails to file an answer within this 20-day period, they will be considered in default. As a result, a default judgment will be entered against them.

In simple terms, this means you will automatically win your case because the Defendant did not respond.

Answer Filed

If the Defendant responds to your claim within the 20-day period, the clerk’s office will schedule your case for trial. This means both parties will have the opportunity to present their side of the case before a judge.

Trial

On the day of your trial, it's crucial to bring all evidence that supports your claim. This can include:

  • Documents (e.g., contracts, letters, or bills)
  • Pictures
  • Receipts
  • Any other relevant materials

Having an expert witness can also be helpful if your case involves specialized knowledge. An expert witness is someone with the required expertise, training, or experience in a particular field relevant to your case. They are allowed to testify to provide professional opinions that can support your arguments.

Jurisdiction and Limits in Small Claims

Small claims actions are governed by G.L. § 10-16-1, which sets the jurisdictional limit for monetary judgments. This means that the court can only issue judgments for amounts up to a specific limit, which is strictly enforced.

If your case involves multiple causes of action (for example, claims for negligence or other torts), the general rule is that the entire claim will be dismissed without prejudice. This means that the case will be dismissed but can be refiled in the appropriate court where all the issues can be addressed together.

Additionally, it's important to note that debt on judgment actions—cases seeking to collect on an existing judgment—cannot be filed as small claims cases. These types of actions must be pursued through other legal channels.

Dismissal of Small Claims Actions

If the court discovers 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.

This means the case is dismissed, but you are not barred from pursuing it in the appropriate court. The dismissal allows the claim to be heard in the proper forum where it is already being considered.

Counterclaims

A counterclaim can be heard in a small claims proceeding if it meets certain criteria. Specifically, the counterclaim must be of a nature that, if the Defendant had originally sued the Plaintiff on that claim, the small claims court would have had the authority to hear it.

In other words, if the Defendant’s counterclaim falls within the jurisdictional limits and type of claims that small claims court can handle (such as contracts, consumer claims, or unpaid debts), the court will allow it to be addressed as part of the same proceeding.

Counterclaims Exceeding Jurisdictional Limits

If a counterclaim is filed in a small claims case that exceeds the jurisdictional limit of the court, the judicial officer has several options for how to proceed:

  1. Nonsuit Decision:
    • The judicial officer may rule against the Plaintiff, in a decision similar to a nonsuit, and award costs to the Defendant. In this scenario, the officer does not address the Defendant's counterclaim but allows the Defendant to pursue their claim in a different court. This is as if the small claims case never started, and the Defendant can file their counterclaim in a proper forum (per G.L. § 10-16-9).
  2. Dismiss Both Claims:
    • The officer may dismiss both the Plaintiff’s claim and the Defendant’s counterclaim without prejudice, meaning that both parties can refile their claims in the appropriate court that has proper jurisdiction to handle them.
  3. Dismiss the Counterclaim:
    • The officer may choose to dismiss only the counterclaim without prejudice, but this is only applicable if the counterclaim is *permissive (optional) rather than compulsory (required). If it’s a compulsory counterclaim, the officer may have to allow it to be heard in the small claims court, or refer it to a higher court for resolution.

These options allow the judicial officer to ensure that claims are heard in the appropriate court, respecting jurisdictional limits.

Judgment

Default Judgment

If the Defendant fails to respond to the claim after being properly served, the court will automatically enter a default judgment against the Defendant. This happens without any further notice to the Defendant, as long as they have been properly notified of the lawsuit.

Entry and Enforcement of Judgment

Once a judgment is entered in your favor, several District Court forms and writs can be used to enforce the judgment in small claims cases, without any modifications. These include:

  • Writ of Execution: To enforce the judgment by seizing property or assets.
  • Citation in Supplementary Proceedings: To gather information from the Defendant about their assets or income.
  • Writ of Attachment: To attach property or assets to satisfy the judgment.
  • Notices and Motions: These may include actions related to wage attachment, garnishment, and subpoenas.

If the court orders the attachment of a bank account after the judgment, the Defendant is entitled to the same notices and hearing rights as in a regular District Court case.

For the most up-to-date forms and resources, you can find them on the Rhode Island Judiciary's website at www.courts.ri.gov under Public Resources > Forms.

Appeals

Appeal Rights

Under G.L. § 10-16-1, Plaintiffs in a small claims action waive their right to appeal any unfavorable decision made by the court. This means that if you're the Plaintiff and lose your case, you cannot file an appeal.

On the other hand, the Defendant has the right to appeal an adverse decision within two days (excluding weekends and legal holidays) from the date the decision is made, unless the decision is specifically excluded under G.L. § 10-16-14.

To file an appeal, the Defendant must:

  • Submit a written appeal to the clerk of the District Court division where the case was originally heard.
  • Pay the required appeal fee and any technology surcharges.

The most current appeal forms can be found on the Rhode Island Judiciary's website under Public Resources > Forms.

If the Defendant files a counterclaim and loses, they waive their right to appeal the counterclaim. In this case, only the Plaintiff retains the right to appeal.

Cost of Appeal

The filing fee for appealing a small claims decision is established by statute, and in addition to this fee, there may be technology surcharges. For up-to-date information on the fees and surcharges, refer to the Judiciary's website.

Courthouse Locations:

McGrath Judicial Complex in Wakefield

4800 Tower Hill Road
Wakefield, RI 02880
(401) 783-4131
https://www.courts.ri.gov/programs-services/Pages/McGrath%20Judicial%20Complex.aspx

BUILDING HOURS

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

CITIES SERVES

  • South Kingstown
  • Narragansett
  • Charlestown
  • Exeter
  • North Kingstown
  • Hopkinton
  • Richmond
  • Westerly
  • Weekapaug

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

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