Small Claims Court in Davis County

In Davis County, UT small claims cases are filed in the Justice Court. Davis County has one Justice 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 Davis Court System.

Small Claims Court

In Utah, small claims cases are typically dealt with in justice courts, but in Cache County, they go through district court. So, if you're in Cache County, expect a different process. For Davis County, you can sue for up to $15,000, but keep in mind that small claims court can't be used for suing government agencies or handling eviction cases, according to Utah Code Section 78A-8-102.

Cases Handled

Small Claims Court handles a wide range of cases, including:

• Tenant/landlord disputes
• Personal injury claims
• Cases involving stolen or damaged property
• Debt collection efforts
• Disputes over auto repairs or poor construction work
• Issues with product defects
• Broken contracts or unfulfilled verbal promises

Who may file a claim

When dealing with Small Claims Court, it’s essential to correctly identify the parties involved:

• For Individuals:
  • Use the individual’s full legal name.
  • For minors (under 18 years old):
    • If the minor is the Defendant, you can sue them directly or name their parent or legal guardian in the lawsuit.
    • If the minor is the Plaintiff, they must be represented by their parent or legal guardian in court.
• For Businesses:
  • Sole Proprietorship: Use the owner's full legal name and include the business’s trade name if applicable.
  • Partnership: List the names of all partners if the business is a partnership.
  • Corporation: Use the corporation's legal name and provide accurate details about its registered office and the name and address of its Registered Agent.

Where to file

Here's how to figure out where to file your small claims case:

• Defendant's Location: File in the justice court of the city or town where the defendant lives or where the incident that led to your claim happened.
• Suing a Business: Use the Department of Commerce's Business Search to find out where the business is registered, which will guide you to the correct court jurisdiction.
• Skilled Workers: For professionals like dentists, contractors, or beauticians, check the Department of Commerce’s resources to determine where they are registered, helping you find the right court.

Finding the Right Court:

• If a city or town justice court is available, file there.
• If there isn’t a city or town justice court, file in the county justice court.
• In Cache County, file directly in the district court, as there is no county justice court.

By following these steps, you’ll ensure your small claims case is filed in the correct court (map court jurisdiction) based on the defendant's location or where the relevant events occurred.

Filing Forms:

1. Check Court Information: Visit your local justice court's website or contact them to see if they use Online Dispute Resolution (ODR) for small claims cases. They will provide details or a list of participating courts.
2. Using ODR: If ODR is available, you'll need these forms:
   • Justice Court Cover Sheet
   • ODR Small Claims Summons and Affidavit
3. Not Using ODR: If ODR is not available, use these forms:
   • Justice Court Cover Sheet
   • Affidavit and Summons (Small Claims)
   • Pay the filing fee noted on the cover sheet; if it's unaffordable, you can apply for a fee waiver.
4. File the Forms: Submit the completed forms to the justice court where you intend to file your case.

For ODR Cases

After Filing Your Case:

1. Receive Court Email:
   • Look for an email from courtsystems@utcourts.gov with a password and a link to the Online Dispute Resolution (ODR) platform. Check your spam folder too.
2. Log In to ODR:
   • Go to odr.utcourts.gov, click "Login," and use the password from the email. If you didn’t get it, click "Forgot/Reset password?"
3. Log in Within 7 Days:
   • You must log in within 7 days of filing, or your case may be dismissed.
4. Waiting Period:
   • The defendant has 14 days from being served to log in. Once they do, a court facilitator will help both sides try to resolve the case through chat.

If Defendant Doesn't Log In:

• You can request a default judgment by filing:
  • Military Service Declaration
  • Motion for Default Judgment
  • Order Granting Default Judgment

If You Reach an Agreement: - The facilitator will draft a settlement agreement.

If No Agreement is Reached: -Your case goes to trial. Prepare thoroughly, gather evidence, and use subpoenas if needed. - To postpone the trial, file a Motion to Postpone. The court will notify the other party if granted.

For Non- ODR Cases

When you file your case, it will be scheduled for trial, and it's crucial to attend; missing it could mean an automatic loss. Bring all your evidence and be prepared to explain your case. Check the "Going to Court" guide for preparation tips.

If you need witnesses or documents, serve a subpoena. For more details, visit our subpoenas page.

• To Change the Trial Date:
  1. File a Motion to Postpone Small Claims Case.
  2. Submit an Order on Motion to Postpone Small Claims Case.

If approved, the court will notify the other party.

Rule 6 Pre-Trial:

• Discovery is not allowed, but parties should exchange information before trial.
• Written motions and responses can be filed before or presented at the trial’s start.
• Each party can request one trial postponement by filing a motion at least 5 business days before trial. Longer delays require judge approval and may involve costs.

Court Fees

Small Claims Fees:

• Filing Fees (Affidavit or Interpleader Affidavit):
  • Claim of $2,000 or less: $60
  • Claim between $2,001 and $7,500: $100
  • Claim between $7,501 and $11,000: $185
• Counter Affidavit Fees:
  • Claim of $2,000 or less: $50
  • Claim between $2,001 and $7,500: $70
  • Claim between $7,501 and $11,000: $120
• Trial De Novo (Appeal to District Court): $225
• Additional Fees:
  • Abstract of Judgment: $50 (to District Court)
  • Writ of Garnishment: $50 (to the court), $10 (to the garnishee)
  • Writ of Continuing Garnishment (wage): $50 (to the court), $25 (to the garnishee)
  • Writ of Execution: $50
  • Regular Copies: $0.25 per page
  • Certified Copies: $4 for the certificate, $0.50 per page

These fees cover various legal actions in the small claims court and may vary based on your jurisdiction and specific case details.

• Non-Court Fees:
  • Witness Fee:
    • First day: $18.50
    • Subsequent days: $49
    • Mileage: Reimbursed at the current federal rate for distances over 50 miles one way
  • Service of Process Fee / County Recorder Fee:
    • Fees vary by statute or service provider, depending on the service needed, such as serving legal documents or recording judgments with the county recorder.

These additional costs cover witness attendance, travel expenses, and formalizing legal actions in small claims court.

Serve the Defendant

After filing your documents with the court, follow these steps:

1. Serve the Defendant: Make sure the defendant gets copies of your documents. If ODR isn’t used, serve them at least 30 days before the trial.
2. Keep Copies: Retain a copy of everything you serve on the defendant for your records.
3. File Proof of Service: Submit proof of service to the court to confirm the defendant received the paperwork on time.

These steps are essential for advancing your small claims case and ensuring that everyone involved is properly informed and prepared. Following Rule 3 of the Small Claims Procedure helps maintain a fair and orderly process.

Settlement

If you've reached a settlement through ODR or before your trial, follow these steps to get the court’s assistance in enforcing it:

1. File Forms: Submit the following forms to the justice court where you originally filed your case:
   • Motion to Enforce Settlement Agreement-Small Claims Case
   • Order on Motion to Enforce Settlement Agreement and Judgment-Small Claims Case
2. Serve the Other Party: Ensure that the other party receives the filed papers.
3. Attend the Hearing: Attend the scheduled hearing. If the court rules in your favor, you may receive a judgment.

Unsuccessful Facilitation

If facilitation in the ODR process doesn’t resolve the dispute, here's what will happen next:

a) Responsibilities of the Facilitator:

• Terminate Facilitation: The facilitator will end the facilitation process and notify the court to schedule a trial date.
• Prepare Summary Form: The facilitator will assist both parties in preparing a summary form of the key points discussed, which must be agreed upon and submitted to the court before the trial.
• Advise on Counterclaims: The facilitator will advise the defendant to file and serve any counterclaims at least 3 days before the trial. b) Responsibilities of the Court:
  • Schedule Trial: The court will set a trial date within 7 to 21 days after receiving the facilitator’s notification.
  • Notify Parties: The court will send an email to both parties with the trial date, using the address associated with their ODR account or any updated address provided. c) Handling Conflicts with the Trial Date:
  • Mutual Agreement: If a party has a scheduling conflict, they should try to agree with the other party on a new trial date and request a stipulated change from the court.
  • Request a Continuance: If an agreement cannot be reached, the party must request a continuance from the court at least 5 days before the trial date.

Failing to Respond

If the plaintiff does not respond during the ODR process:

• Facilitator’s Role:
  • After 10 days of non-response, the facilitator may inform the defendant about the option to request a dismissal of the case.
• Defendant’s Action:
  • If the defendant can show that the plaintiff failed to register or participate in a prior case with the same dispute, the dismissal will be with prejudice, meaning the case cannot be refiled.

Settlement Agreement

Here’s a summary of the Settlement Agreement process:

1. Filing for Judgment: If the debtor fails to comply with a settlement agreement that hasn’t yet been turned into a judgment, the creditor can ask the court to enter a judgment for the amount owed.
2. Submitting Documents: The creditor must provide:
   • A copy of the settlement agreement.
   • An accounting of any payments made since the agreement.
3. Court Notification: The court will notify the debtor via their ODR-associated email or any updated email address.
4. Debtor’s Response: The debtor has 14 days from receiving the notice to file an objection. If an objection is filed, the court will schedule a hearing.
5. Default Judgment: If no objection is filed or the debtor does not appear at the hearing, the court will enter judgment in favor of the creditor.
6. Post-Hearing Judgment: After the hearing, the court will enter judgment unless it finds that the debtor did not breach the settlement terms.

Counterclaims

During the facilitation process:

• Counterclaims: Defendants can present counterclaims informally without needing to file them formally.
• If an Agreement is Reached: If the defendant becomes the judgment creditor, no further action is required.
• **If the Case Goes to Trial: Defendants must formally file their counterclaim and pay the filing fee at least 5 days before the trial. They can serve the plaintiff using the email address provided by the plaintiff.

Trial

After Trial:

• Judge’s Decision: The judge will usually decide the outcome immediately but has up to 60 days to render a decision.
• Winning: If you win, the defendant is required to pay you. If they don’t, you’ll need to take steps to collect your judgment.
• Losing and Appeal: If you lose and believe there was an error, you can appeal within 28 days of the judgment.

To Appeal:

1. File Forms: Submit the following forms to the court that issued the judgment:
   • Utah District Court Cover Sheet for All Civil Actions
   • Notice of Appeal-Small Claims Case
2. Fees: The court will charge fees for filing the appeal.
3. Appeal Process: Your paperwork will be forwarded to the nearest district court in the same judicial district, where a new trial will be scheduled. This new trial is separate from the previous one’s outcome.
4. Preparing for Appeal: Bring all relevant evidence and be ready to explain why you should win.
5. Winning on Appeal: If successful, you may need to prepare a judgment form.

Going to Court

Preparing for Court:

• Dress Professionally: Wear attire that is appropriate for a formal occasion, such as a job interview.
• Bring Evidence: Gather all witnesses, documents, photographs, and other evidence. Make at least four copies: one for each witness, the judge, the opposing party, and yourself.
• Representation: In small claims cases, you can represent yourself or be represented by a lawyer, employee, or another person approved by the judge (Rule of Small Claims Procedure 13).
• Arrive Early: Arrive at least 30 minutes before your scheduled time to navigate security and locate your courtroom.

Appeal

Appeals Process Overview:

(a) Appeal Timeframe: You can appeal a final decision within 28 days of the judgment or the denial of a motion to set it aside. If the original trial was without a jury and certain conditions are met, the new trial in district court may include a jury.

(b) File Notice of Appeal: Submit a notice of appeal to the court that issued the judgment and pay the required fee, unless waived due to financial hardship.

(c) Scheduling New Trial: After filing, the district court clerk will schedule a new trial and notify all parties. Affidavits are not allowed, but some information sharing before trial may be required.

(d) Trial Details: The district court will determine the specifics of the new trial, which will be held closest to the original court for justice court appeals or in the same district court for small claims appeals.

(e) Bond for Delay: To delay payment until the final judgment, post a bond with the district court.

(f) Document Transfer: The justice court must send necessary documents to the district court within 10 business days of the appeal.

(g) Final Decision Notification: The district court will notify the original court of its final decision.

(h) Dismissal of Appeal: The district court may dismiss the appeal and return the case to the original court if you fail to appear or neglect required steps.

(i) Standard Appeal Rights: Moving a small claims case to district court under Rule 4A grants all parties standard district court appeal rights.

Miss Trial

If You Miss Your Trial:

• Consequences: Your case might be dismissed, or a judgment could be entered against you if the other party filed a counterclaim.
• Requesting to Undo the Dismissal or Judgment: You can request to reverse the dismissal or judgment within 15 days of the entry. If more than 15 days have passed, you must provide an explanation for the delay.
• Required Forms:
  • Motion to Set Aside Dismissal or Default Judgment - Small Claims Case
  • Order on Motion to Set Aside Dismissal or Default Judgment - Small Claims Case
• Court Hearing: The court will schedule a hearing for your request. It’s important to attend this hearing to present your case and explain why the dismissal or judgment should be undone.

Collect Judgment

When a court issues a judgment and the debtor does not pay voluntarily, the creditor can enforce the judgment by seizing and selling the debtor’s non-exempt assets.

Record-Keeping:

• Accurate Records: Maintaining precise records is essential to resolve any disputes about the amount owed.
• Documentation: Both parties should keep copies of the judgment and detailed records of all payments, including expenses such as attorney fees and garnishment costs, and any payments received from the debtor or their insurance.

Renewing or Satisfying a Judgment:

• Proof Required: To renew or satisfy a judgment, you need to provide proof of the total amount due, which includes the original judgment amount, accrued interest, collection costs, and any authorized fees.
• Evidence and Challenges: Both parties can present evidence and challenge each other's claims. Written records are considered the most reliable form of documentation.

Post-Judgment

Post-Judgment Interest Rates:

• Contractual Rates: If your contract specifies a post-judgment interest rate, that rate will apply to both the original judgment and any subsequent renewals.
• Statutory Rates (Utah Code Section 15-1-4): For civil judgments where no specific rate is provided, interest accrues at 2% above the federal interest rate in effect at the time the judgment was entered. This rate remains fixed for the duration of the judgment, regardless of future changes in the federal rate.
• Renewed Judgments: For renewed judgments, the post-judgment interest rate remains the same as that from the original judgment year, unless the contract specifies a different rate.
• Detailed Rates: For information on detailed interest rates since 1993, please visit our webpage on Post-Judgment Interest Rates.

Judgment Lien

Establishing a Judgment Lien on Real Property:

1. Obtain Documentation: Get an Abstract of Judgment or a certified copy of the judgment from the court clerk where the judgment was issued.
2. File with County Recorder: File the Abstract of Judgment or certified copy with the County Recorder's office in each county where the debtor owns real estate.
3. Include Judgment Information Statement: Along with your filing, include a Judgment Information Statement.

Note: A judgment lien does not immediately collect money. Instead, it prevents the debtor from selling or mortgaging the property until the judgment is satisfied or expires.

Debtor’s Property

For forms and more details, refer to:

• Abstract of Judgment
• Judgment Information Statement

To identify a debtor's property for potential seizure via writs such as execution or garnishment, Rule of Civil Procedure 64(c) allows creditors to seek court approval for discovery methods. Common methods include:

• Hearings: Verbal questioning of debtors about their assets.
• Written Interrogatories: Written questions posed to debtors regarding their assets.

For additional information, visit our webpage on Identifying the Judgment Debtor's Property.

Legal Writs for Judgment Enforcement

Writs for Seizing Property:

• Writ of Garnishment (Rule 64D): Seizes non-exempt personal property or money owed to the debtor by third parties, such as employers or banks.
• Writ of Execution (Rule 64E): Seizes non-exempt real or personal property in the debtor's possession.
• Writ of Replevin (Rule 64B): Recovers specific personal property before judgment, under certain conditions.
• Writ of Attachment (Rule 64C): Seizes non-exempt real or personal property before judgment, under specific conditions.

Sale of Seized Property:

Seized real and personal property (excluding money) can be sold to satisfy the judgment, in accordance with Rules 69A, 69B, and 69C.

Satisfaction of Judgment

Filing a Satisfaction of Judgment:

• With the Court: After the judgment is fully paid, the creditor must file a Satisfaction of Judgment with the court.
• With the County Recorder: File the Satisfaction of Judgment with the county recorder in each county where an Abstract of Judgment was previously filed.
• Debtor's Action: If the judgment is paid but the creditor has not filed a Satisfaction of Judgment, the debtor can file a Motion for Satisfaction of Judgment.
• Rule of Civil Procedure 58B governs the process for Satisfaction of Judgment.

Statute of Limitations

Renewing a Judgment in Utah:

• Statute of Limitations: You have 8 years from the date of the original judgment to renew it (Utah Code Section 78B-2-311).
• Filing a Motion: The judgment creditor must file a Motion to Renew Judgment before the 8-year period expires.
• Effectiveness of Renewal: If the motion is filed before the expiration but is ruled on afterward, the renewed judgment remains effective from the expiration date of the original judgment.

Courthouses Location:

Davis County Justice Court

800 W State Street
Farmington, UT 84025
(801) 451-4488
https://www.daviscountyutah.gov/justicecourt

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Davis County

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