Small Claims Court in Summit County

In Summit County, UT small claims cases are filed in the Justice Court. Summit 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 Summit Court System.

Small Claims Court

In Utah, most small claims cases are filed in justice courts throughout the state, except in Cache County, where these cases are handled in district court instead. This means that if you're in Cache County, you'll follow a slightly different process for small claims compared to the rest of Utah.

If you're filing a small claims case in Salt Lake County, the law allows you to sue for up to $15,000 in monetary damages. However, under Utah Code Section 78A-8-102, you can't use small claims court to sue government agencies or to handle eviction cases.

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 important to properly identify the parties involved:

• For Individuals:
  • If the party is an individual, use their full legal name.
  • For minors (those under 18 years old), the approach depends on their role in the case:
    • 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 the court proceedings.
• For Businesses:
  • Sole Proprietorship: This is a business owned by one person and not incorporated. Use the owner's full legal name, and you can also include the business's trade name if there is one.
  • Partnership: If the business is a partnership, meaning it’s owned by two or more people and not incorporated, you should list the names of all the partners.
  • Corporation: A corporation is a separate legal entity from its owners. Make sure to use the corporation's legal name. It's also crucial to have accurate details about the corporation's registered office and the name and address of its Registered Agent.

Where to file

Here's how to determine the right place to file your small claims case:

• Defendant's Location: You should file in the justice court located where the defendant lives or where the events that led to your claim took place.
• Suing a Business: If you're suing a business, use the Department of Commerce's Business Search to find out where the business is registered. This will help you determine which court jurisdiction to file in.
• Skilled Workers: For occupations like dentists, contractors, or beauticians, many professionals are registered with the Department of Commerce. Their resources can help you find the right court based on where these individuals are registered.

Finding the Right Court:

• File in the justice court of the city or town where the defendant resides or the event occurred.
• If there's no city or town justice court available, you should file in the county justice court.
• In Cache County, you’ll need to file directly in the district court, as there isn’t a county justice court.

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

Filing Forms

To determine if your court uses Online Dispute Resolution (ODR) for small claims cases, you'll generally need to check with your local justice court or visit their website. Here's how you can find the correct forms based on whether ODR is available:

1. Check Court Information:
   • Start by visiting your local justice court's website or contacting them directly to see if they offer ODR for small claims cases. They might have specific details or a list of courts that use ODR.
2. Using ODR:
   • If your court does use ODR, you'll need these forms:
     • Justice Court Cover Sheet
     • ODR Small Claims Summons and Affidavit
   • These forms will help you start your case and participate in the online dispute resolution process.
3. Not Using ODR:
   • If your court doesn't use ODR, you'll need these forms instead:
     • Justice Court Cover Sheet
     • Affidavit and Summons (Small Claims)
   • You'll also need to pay a filing fee, which is indicated on the cover sheet. If the fee is beyond your means, you can apply for a fee waiver.
4. File the Forms:
   • After filling out the appropriate forms based on your court’s ODR status, submit them to the justice court where you plan to file your small claims case.

If you're uncertain whether your court uses ODR or need more specific guidance, it's best to contact the court directly to get accurate information tailored to your situation.

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. It's essential to attend, as missing the trial could result in an automatic loss. Bring all your evidence and be ready to explain why you should win. Review the "Going to Court" guide for tips on preparing.

If you need witnesses or documents, you can require them to appear or provide evidence by serving a subpoena. Visit our subpoenas page for more information.

To Change the Trial Date:

• File a Motion to Postpone Small Claims Case (PDF or Fillable Form).
• Submit an Order on Motion to Postpone Small Claims Case (PDF or Fillable Form).
• If the court approves, they will notify the other party.

Rule 6 Pre-Trial:

• (a) Discovery is not allowed, but parties should exchange information before trial.
• (b) Written motions and responses can be filed before trial or presented orally at the start of the trial.
• (c) Each party can request one trial postponement by filing a motion at least 5 business days before trial. The clerk will notify the other party. Postponements longer than 45 days require judge approval, and costs may be assigned to the party requesting the delay.

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):
  • Fee: $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 system and may vary based on the jurisdiction and case specifics.

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 required, such as serving legal documents or recording judgments with the county recorder.

These are additional costs you may incur for witness attendance, travel expenses, and formalizing legal actions in small claims court.

Serve the Defendant

After filing your documents with the court, the clerk will assign you a case number. Here’s what to do next:

1. Serve the Defendant:
   • Ensure the defendant receives copies of the documents you filed. If your case doesn’t use Online Dispute Resolution (ODR), you must serve the defendant at least 30 days before the trial date.
2. Keep Copies:
   • Keep a copy of everything you serve on the defendant for your records.
3. File Proof of Service:
   • After serving the defendant, file proof of service with the court. This confirms that the defendant received the necessary paperwork on time.

These steps are crucial for moving your small claims case forward and ensuring all parties are informed and ready. Following the Small Claims Procedure, particularly Rule 3, ensures a fair and orderly process.

Settlement

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

1. File Forms:
   • Submit these forms at 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:
   • Make sure to serve the other party with the filed papers.
3. Attend the Hearing:
   • Go to 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 lead to a resolution, here’s what happens next:

• a) Responsibilities of the Facilitator:
  • Terminate Facilitation: The facilitator will end the facilitation process and inform the court to schedule a trial date.
  • Prepare Summary Form: The facilitator will help both parties prepare a form summarizing the key points discussed during facilitation, which both parties agree upon. This form must be 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 notification from the facilitator.
  • Notify Parties: The court will inform both parties of the trial date via email, 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 the parties cannot agree, the party must request a continuance from the court no less than 5 days before the trial date.

These steps ensure that your case proceeds smoothly, even if the initial facilitation does not resolve the dispute.

Failing to Respond

If the plaintiff does not respond during the Online Dispute Resolution (ODR) process:

1. 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.
2. Defendant’s Action:
   • If the defendant can demonstrate that the plaintiff failed to register or participate in a previous case involving the same dispute, the dismissal will be with prejudice. This means the case cannot be refiled.

Settlement Agreement

Here’s a summarized version of the Settlement Agreement process:

1. Filing for Judgment:
   • If the debtor doesn’t comply with a settlement agreement that hasn’t been turned into a judgment, the creditor can request 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 doesn’t appear at the hearing, the court will enter judgment in favor of the creditor.
6. Post-Hearing Judgment:
   • After any 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 formally filing them.
• If an Agreement is Reached: If the defendant becomes the judgment creditor, no further action is needed.
• 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 usually decides the outcome immediately, but they have up to 60 days to render a decision.
• Winning:
  • If you win, the defendant must pay you. If they don’t, you will need to learn how to collect your judgment.
• Losing and Appeal: If you lose and believe there was a mistake, you can appeal within 28 days of the judgment.

To Appeal:

1. File Forms:
   • Submit these 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 the appeal.
3. Appeal Process:
   • Your paperwork will be sent to the nearest district court in the same judicial district, where a new trial will be scheduled. The new trial is independent of the previous trial’s outcome.
4. Preparing for Appeal:
   • Bring all 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 suitable for an important occasion, like a job interview.
• Bring Evidence:
  • Bring all witnesses, documents, photographs, and other evidence. Have at least 4 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 early to navigate security, 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 will 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 it's waived due to financial hardship.
• (c) Scheduling New Trial:
  • After filing, the district court clerk schedules a new trial and notifies all parties. Affidavits are excluded, but some information sharing before trial may be required.
• (d) Trial Details:
  • The district court decides 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 a final judgment, post a bond with the district court.
• (f) Document Transfer:
  • Within 10 business days of the appeal, the justice court sends necessary documents to the district court.
• (g) Final Decision Notification:
  • The district court informs 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 necessary steps.
• (i) Standard Appeal Rights:
  • Moving a small claims case to district court under Rule 4A grants all parties the 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 undo the dismissal or judgment within 15 days of the entry. If more than 15 days have passed, you must explain the reason 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 crucial to attend this hearing to present your case.

Collect Judgment

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

• Record-Keeping:
  • Accurate records are crucial to resolve disputes about the amount owed.
  • Both parties should keep copies of the judgment and detailed records of payments, expenses (like attorney fees and garnishment costs), and any payments received from the debtor or their insurance.
• Renewing or Satisfying a Judgment:
  • To renew or satisfy a judgment, proof of the total amount due is required, including the original judgment, interest, collection costs, and authorized fees.
  • Both parties can present evidence and challenge each other’s claims. Written records are the most reliable form of documentation.

Post-Judgment

Post-Judgment Interest Rates:

• Contractual Rates:
  • If a contract specifies a post-judgment interest rate, it applies to the original judgment and any renewals.
• Statutory Rates (Utah Code Section 15-1-4):
  • For civil judgments without a specified rate, interest accrues at 2% above the federal interest rate from the year the judgment was entered. This rate remains fixed throughout the judgment's duration, even if the federal rate changes.
• Renewed Judgments:
  • Post-judgment interest on renewed judgments continues at the rate from the original judgment year, unless the contract states otherwise.
• Detailed Rates:
  • For detailed rates since 1993, refer to our webpage on Post-Judgment Interest Rates.

Judgment Lien

Establishing a Judgment Lien on Real Property:

• Obtain Documentation:
  • Get an Abstract of Judgment or a certified copy of the judgment from the court clerk where the judgment was issued.
• 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.
• Include Judgment Information Statement:
  • Along with the filing, include a Judgment Information Statement.

Note: A judgment lien doesn’t immediately collect money but 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 like execution or garnishment, Rule of Civil Procedure 64(c) permits 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 more 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, following Rules 69A, 69B, and 69C.

Satisfaction of Judgment

Filing a Satisfaction of Judgment:

1. With the Court:
   • Once the judgment is fully paid, the creditor must file a Satisfaction of Judgment with the court.
2. With the County Recorder:
   • File the Satisfaction of Judgment with the county recorder in each county where an Abstract of Judgment was filed.
3. Debtor's Action:
   • If the judgment is paid but the creditor hasn’t 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. For more details, visit our webpage on Satisfaction of Judgment.

Statute of Limitations for Renewing Judgments

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 ruled on after, the renewed judgment is effective from the original judgment's expiration date.

For more details and necessary forms, visit our webpage on Motion to Renew Judgment.

Courthouses Location:

Summit County Justice Court

6300 N. Justice Center Road
Park City, UT, 84098
(435) 615-3802
https://www.summitcounty.org/228/Justice-Court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Summit County

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