Small Claims Court in Utah County

In Utah, UT small claims cases are filed in the justice court. Salt Lake 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 Utah Court System.

Small Claims Court

In Utah County, Utah, small claims cases are generally filed in justice courts throughout the state. If you're filing a small claims case in Utah County, you can sue for up to $15,000 in monetary damages. It's important to note that, according to Utah Code Section 78A-8-102, small claims courts don’t handle lawsuits against government agencies or eviction cases.

Cases Handled

The Small Claims Court handles a wide range of cases. Some common examples include:

• Tenant/Landlord disputes
• Personal injury claims
• Cases involving stolen or damaged property
• Debt collection efforts
• Issues with auto repairs or poor construction work
• Defective products
• Breaches of contracts or verbal agreements

Who may file a claim

When filing a lawsuit, it's important to correctly designate the parties involved:

• For Individuals:

  • Use the person’s legal name.
  • If the Defendant is a minor (under 18), they can be sued either directly or through their parent or legal guardian. If the Plaintiff is a minor, they must be represented by a parent or legal guardian.

• For Businesses:

  • Sole Proprietorship: This is a business owned by one person and is not incorporated. Use the owner's legal name, and you can also include the trade name if applicable.
  • Partnership: This is a business owned by two or more people and is not incorporated. List the names of all partners.
  • Corporation: A corporation is a separate legal entity from its owners. Use the corporation's legal name. Ensure you have the correct details, including the corporation’s registered office location and the name and address of its Registered Agent.

Where to file

Determine the Correct Filing Location:

• Defendant’s Location: File your case in the justice court located in the area where the defendant lives or where the events that led to your claim took place.
• Suing a Business: To determine the appropriate court, use the Department of Commerce's Business Search to find where the business is registered.
• Skilled Workers: For individuals like dentists, contractors, or beauticians, who are often registered with the Department of Commerce, use their resources to verify their registration and determine where to file.
• Finding the Right Court:
  • If there’s a justice court in the city or town, file your case there.
  • If no city or town court exists, file in the county justice court.

By following these steps, you ensure your small claims case is filed in the correct map court jurisdiction, based on the defendant's location or the location of the events central to your claim.

Filing Forms

Filing Forms for Small Claims Cases

To determine if your local court uses Online Dispute Resolution (ODR) for small claims cases, you'll need to check with your local justice court or visit their website. Here's how to find out and what forms you'll need:

1. Check Court Information:

   • Visit the Court's Website: Look for details about whether your court uses ODR for small claims cases.
   • Contact the Court Directly: Call or visit your local justice court to ask if they utilize ODR.

2. If Your Court Uses ODR:

   • Required Forms:
     • Justice Court Cover Sheet
     • ODR Small Claims Summons and Affidavit
   • These forms will allow you to start your case and participate in online dispute resolution.

3. If Your Court Does Not Use ODR:

   • Required Forms:
     • Justice Court Cover Sheet
     • Affidavit and Summons (Small Claims)
   • You’ll also need to pay a filing fee, as indicated on the cover sheet. If you can’t afford the fee, you can request a fee waiver.

4. Filing the Forms:

   • Once you've completed the appropriate forms, file them with the justice court where you plan to pursue your small claims case.

5. If You're Unsure:

   • If you’re uncertain about whether your court uses ODR or need more specific details, reaching out to the court directly is the best way to get accurate information tailored to your situation.

Online Dispute Resolution (ODR)

1. After You File Your Case:
   • Receive an Email from the Court: The court will send you an email with a password and a link to access the ODR system. Check your inbox and spam folder for a message from courtsystems@utcourts.gov.
   • Log In to ODR: Go to odr.utcourts.gov and click "Login." If you didn’t receive your password, click "Forgot/Reset password?" to retrieve it.
   • Log In Within 7 Days: Make sure to log in within 7 days of filing your case. If you don’t, your case may be dismissed.
2. Waiting Period:
   • After you log in, wait for the defendant to log in. The defendant has 14 days from the date of being served to log in to the ODR system.
3. ODR Facilitation:
   • If the defendant logs in, a court facilitator will help both parties attempt to resolve the case. Communication with the facilitator and the defendant will happen through chat messages in the system.
   • You’ll receive notifications via email or text when there are new messages or actions required.
4. Default Judgment:
   • If the defendant does not log in within the 14-day period, you can request a default judgment. You will need the following forms:
     • Military Service Declaration
     • Motion for Default Judgment: Online Dispute Resolution Case
     • Order Granting Default Judgment: Online Dispute Resolution
5. If an Agreement is Reached During ODR:
   • The court facilitator will draft a settlement agreement based on what both parties agree on.
6. If No Agreement is Reached:
   • Your case will go to trial, and attendance is mandatory.
   • Prepare thoroughly by gathering evidence and using subpoenas if necessary for witnesses or documents.
7. Changing the Trial Date:
   • If you need to postpone the trial, file the following forms:
     • Motion to Postpone Small Claims Case
     • Order on Motion to Postpone Small Claims Case
   • The court will notify the other party if your request to postpone is granted.

Non-Online Dispute Resolution (ODR)

1. Trial Scheduling:
   • 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 relevant evidence and be ready to clearly explain why you should win your case.
   • To prepare, review the "Going to Court" guide for tips.
2. Preparing for Trial:
   • If you need witnesses or documents to support your case, you can compel them to testify or provide documents by serving a subpoena. More information is available on the court’s subpoenas page.
3. Changing the Trial Date:
   • If you need to postpone the trial, file a Motion to Postpone Small Claims Case using the PDF or Fillable Form.
   • Submit an Order on Motion to Postpone Small Claims Case using the PDF or Fillable Form.
   • Once approved, the court will notify the other party of the new trial date.
4. Rule 6 Pre-Trial Guidelines:
   • No Discovery: Discovery is not allowed, but parties are encouraged to exchange information before the trial.
   • Motions: Written motions and responses can be filed before the trial or presented orally at the start of the trial. No motions will be considered before the trial date.
   • Trial Postponement: Each party is allowed one trial postponement by filing a motion at least 5 business days before the trial. The court clerk will notify the other party. Postponements longer than 45 days require judge approval, and the requesting party may be responsible for associated costs.

Court Fees for Small Claims Cases

Small Claims Fees:

• Filing Fees (Affidavit or Interpleader Affidavit):
  • Claim of $2,000 or less: $60
  • Claim greater than $2,000 and less than $7,500: $100
  • Claim greater than $7,500 and less than $11,000: $185
• Counter Affidavit Fees:
  • Claim of $2,000 or less: $50
  • Claim greater than $2,000 and less than $7,500: $70
  • Claim greater than $7,500 and less than $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 actions within the small claims court system, but amounts may vary depending on your jurisdiction and specific case details.

Non-Court Fees Associated with Small Claims Court:

• 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 are determined by statute or the service provider. These can vary based on the specific service required, such as serving legal documents or recording judgments with the county recorder.

Serving the Defendant in a Small Claims

After filing your documents with the court and receiving a case number, follow these steps:

1. Serve the Defendant:
   • You must ensure the defendant receives copies of the documents you filed.
   • If your case does not use Online Dispute Resolution (ODR), the defendant must be served at least 30 days before the trial date.
2. Keep Copies:
   • Retain a copy of everything you serve on the defendant for your own records. This helps ensure you have proof of what was provided in case there are any disputes later.
3. File Proof of Service:
   • After serving the defendant, file proof of service with the court. This document confirms that the defendant received the necessary paperwork within the required timeframe.

Enforcing a Settlement Agreement

If you’ve reached a settlement, either through Online Dispute Resolution (ODR) or before your trial, you can ask the court to enforce the agreement by following these steps:

Step 1: File the Necessary Forms

• Submit the following forms at the justice court where your case was originally filed:
  • Motion to Enforce Settlement Agreement - Small Claims Case
  • Order on Motion to Enforce Settlement Agreement and Judgment - Small Claims Case

Step 2: Serve the Other Party

• After filing the forms, you must serve the other party with copies of the filed documents.

Step 3: Attend the Scheduled Hearing

• A hearing will be scheduled, and you must attend. If the court rules in your favor, you may receive a judgment.

Once you have the judgment, you can begin the process of collecting it.

Unsuccessful Facilitation in the ODR

If facilitation through the Online Dispute Resolution (ODR) process does not resolve the dispute, follow these steps:

a) Responsibilities of the Facilitator:

• Terminate Facilitation: The facilitator will end the facilitation process and notify the court to set a trial date.
• Prepare Summary Form: The facilitator will help the parties prepare a form summarizing the key points discussed during facilitation that both parties agree on.
• Submit Form: The completed form must be submitted to the court before the trial.
• Advise on Counterclaims: The facilitator will inform the defendant to file and serve any counterclaims at least 3 days before the trial.

b) Responsibilities of the Court:

• Schedule a Trial Date: The court will schedule a trial date within 7 to 21 days from receiving notification from the facilitator.
• Notify the Parties: The court will inform the parties of the trial date using the email address associated with the ODR account or any updated email address provided.

c) Conflicts with the Trial Date:

• Mutual Agreement: If a party has a conflict with the trial date, they should try to agree on a new date with the other party and promptly request a stipulated change of date from the court.
• Request Continuance: If the parties cannot agree on a new date, the party must request a continuance directly from the court, but no sooner than 5 days before the trial.

Handling Failing to Respond During ODR

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 notify 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, any dismissal will be with prejudice. This means the case cannot be refiled.

Settlement Agreement Process

If a judgment debtor does not comply with the terms of a settlement agreement that hasn't been formalized as a judgment:

1. Filing for Judgment:
   • The judgment creditor can request the court to enter a judgment for the amount owed.
2. Submit Required Documents:
   • Settlement Agreement: Provide a copy of the settlement agreement.
   • Accounting of Payments: Submit an accounting of any payments received since the settlement agreement date.
3. Court Notification:
   • The court will notify the judgment debtor using their ODR-associated email or any updated email address.
4. Judgment Debtor’s Response:
   • The judgment debtor has 14 days from receiving the notice to file an objection.
   • If an objection is filed, the court will schedule a hearing.
5. Court's Actions:
   • If no objection is filed or if the judgment debtor fails to appear at the hearing, the court will enter judgment in favor of the judgment creditor.
   • After any scheduled hearing, the court will enter judgment unless it finds that the judgment debtor did not violate the terms of the settlement agreement.

Counterclaims in Small Claims Cases

During Facilitation:

• Defendants can present counterclaims informally during the facilitation process without formally filing them.
• If an agreement is reached and the defendant becomes the judgment creditor, no additional action is needed regarding the counterclaim.

If the Case Goes to Trial:

• Defendants must formally file the counterclaim and pay the filing fee at least 5 days before the trial.
• Defendants should serve the plaintiff with the counterclaim using the email address provided by the plaintiff.

Preparing for Court

1. Dress Professionally:
   • Wear attire that is appropriate for a formal occasion, such as a job interview, to convey respect and seriousness.
2. Bring Evidence:
   • Gather all necessary evidence, including witnesses, documents, photographs, and other relevant materials.
   • Prepare at least 4 copies of each document: one for the judge, one for each witness, one for the opposing party, and one for yourself.
3. Representation:
   • In small claims cases, you can represent yourself or have representation from a lawyer, employee, or another person approved by the judge (as per Rule of Small Claims Procedure 13).
4. Arrive Early:
   • Arrive at least 30 minutes before your scheduled court time. This allows you to go through security, locate your courtroom, and meet with your attorney or witnesses.
   • Note that courthouses generally do not have facilities to store personal items, so avoid bringing anything that might be confiscated.
5. Security:
   • Be prepared for strict security measures similar to those at airports. Do not bring weapons or contraband, and minimize metal items to speed up the screening process.
6. Check the Court Calendar:
   • Verify your courtroom location by checking the court calendar, which is usually posted outside the courtrooms or available from court clerks.
   • If you are unsure, ask the judge’s clerk for assistance.
7. Taking Your Turn: Sit quietly in the back of the courtroom until your case is called. Be ready for potential delays. Turn off your phone and pager to avoid distractions during the proceedings.

Trial and Appeal Process

Trial:

• Immediate Decision: The judge usually renders a decision immediately after the trial. If not, they have up to 60 days to issue a decision.
• Winning: If you win, the defendant must pay you. If they fail to do so, follow the procedures to collect your judgment.
• Losing and Appealing: If you lose and believe there was a mistake, you can appeal the decision within 28 days of the judgment.

Filing for Appeal:

1. Complete and File Forms:
   • Utah District Court Cover Sheet for All Civil Actions (excluding Probate/Domestic Relations)
   • Notice of Appeal - Small Claims Case
2. Appeal Fees:
   • The court will charge fees for processing your appeal.
3. Appeal Process:
   • Your paperwork will be forwarded to the nearest district court within the same judicial district.
   • The district court will schedule a new trial. Outcomes from the previous trial will not affect the new trial's outcome.

Preparing for Appeal:

• Bring Evidence: Prepare all relevant evidence and be ready to explain why the judgment should be overturned.

Winning on Appeal:

• Prepare Judgment Form: If successful, you may need to prepare a new judgment form to reflect the outcome of the appeal.

Appeal

a) Timing and Jury:

• You can appeal a court's final decision within 28 days of the judgment or denial of a motion to set it aside.
• If the original small claims trial was held without a jury and specific conditions are met, the new trial in district court may include a jury.

b) Filing for Appeal:

• File a notice of appeal with the court that issued the judgment and pay the required fee, unless you qualify for a fee waiver due to financial hardship.

c) Scheduling and Notifications:

• After filing, the district court clerk will schedule a new trial and notify all parties involved.
• The appeal process generally excludes affidavits but may require sharing of information before the trial.

d) New Trial Arrangements:

• The district court will determine the specifics of the new trial.
• The trial will be held in a court nearest to the original justice court for justice court appeals, and in the same district court for small claims appeals.

e) Bond Posting:

• To delay payment, you may post a bond with the district court until a final judgment is issued.

f) Document Transfer:

• Within 10 business days of filing the appeal, the justice court must send the necessary documents to the district court.

g) Final Decision:

• The district court will inform the original court of its final decision once it is made.

h) Dismissal for Non-Compliance:

• The district court may dismiss the appeal and return the case to the original court if you fail to appear or neglect necessary steps for the appeal.

i) Appeal Rights:

• Moving a small claims case to district court under Rule 4A grants all parties the standard appeal rights available in district court.

Missed Trial and Dismissal

If You Miss Your Trial:

• Your case may be dismissed, or a judgment could be entered against you if the other party has filed a counterclaim.

Requesting to Undo Dismissal or Judgment:

• Timing: You must request to undo the dismissal or judgment within 15 days after it was entered. If more than 15 days have passed, you’ll need to provide an explanation for the delay.

Forms to File:

1. Motion to Set Aside Dismissal or Default Judgment - Small Claims Case
2. Order on Motion to Set Aside Dismissal or Default Judgment - Small Claims Case

Process:

• File these forms with the court.
• The court will schedule a hearing for your request.
• It’s crucial to attend the hearing to present your case.

Collecting a Judgment

1. Enforcing the Judgment:
   • Seizing Assets: If the debtor does not pay voluntarily, the creditor can enforce the judgment by seizing and selling the debtor's non-exempt assets.
   • Record-Keeping: Maintain accurate records to handle any disputes about the amount owed. Keep copies of the judgment and detailed records of payments, expenses (such as attorney fees and garnishment costs), and any payments received from the debtor or their insurance.
2. Renewing or Satisfying the Judgment:
   • Proof Required: To renew or satisfy a judgment, provide proof of the total amount due, which includes the original judgment amount, interest, collection costs, and any authorized fees.
   • Presenting Evidence: Both parties can present evidence and challenge each other's claims. Written records are the most reliable documentation for resolving disputes.

Post-Judgment

Contractual Rates:

• If a contract specifies a post-judgment interest rate, this rate applies to the original judgment as well as any renewals.

Statutory Rates:

• Utah Code Section 15-1-4: For civil judgments without a specified interest rate, interest accrues at two percent above the federal interest rate for the year the judgment was entered.
• Fixed Rate: This rate remains fixed throughout the duration of the judgment, even if the federal interest rate changes.

Renewed Judgments:

• Post-judgment interest on renewed judgments continues at the rate from the original judgment year, unless otherwise specified by a contract.

Additional Information:

• For detailed post-judgment interest rates since 1993, refer to the dedicated webpage on Post Judgment Interest Rates.

Judgment Lien

Purpose:

• A judgment lien on real property prevents the debtor from selling or mortgaging the property until the judgment is satisfied or expires. It does not immediately collect money but serves as a legal claim against the property.

Steps to Establish a Judgment Lien:

1. Obtain Documentation:
   • Abstract of Judgment: Request 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: Submit the Abstract of Judgment or certified copy with the County Recorder's office in each county where the debtor owns real estate.
   • Include a Judgment Information Statement: Attach a Judgment Information Statement with the filing to provide detailed information about the judgment.

Debtor’s Property

Identifying Debtor's Property:

To identify a debtor's property for potential seizure, such as through writs of execution or garnishment, you can use the following methods:

1. Discovery Methods:

   • Court Permission: Under Rule of Civil Procedure 64(c), creditors can seek court permission to use discovery methods to identify the debtor’s assets.
   • Common Methods:
     • Hearings: Request a court hearing to question the debtor about their assets.
     • Written Interrogatories: Use written questions to obtain information from the debtor about their property and financial situation.

2. Forms and Resources:

   • Abstract of Judgment
   • Judgment Information Statement
   • Visit the Webpage: For more details on identifying the judgment debtor's property, visit our webpage dedicated to this topic.

Legal Writs for Judgment Enforcement

1. Writ of Garnishment (Rule 64D):
   • Purpose: Seizes non-exempt personal property or money owed to the debtor by third parties, such as employers or banks.
2. Writ of Execution (Rule 64E):
   • Purpose: Seizes non-exempt real or personal property in the debtor's possession to satisfy the judgment.
3. Writ of Replevin (Rule 64B):
   • Purpose: Recovers specific personal property before judgment, under certain conditions.
4. Writ of Attachment (Rule 64C):
   • Purpose: Seizes non-exempt real or personal property before judgment, under specific conditions.
5. Sale of Seized Property:
   • Rules: Governed by Rules 69A, 69B, and 69C.
   • Details: Seized real and personal property (excluding money) can be sold to satisfy the judgment.

Satisfaction of Judgment

Filing Requirements:

1. With the Court:
   • Action: File a Satisfaction of Judgment with the court once the judgment has been fully paid.
2. With the County Recorder:
   • Action: File a Satisfaction of Judgment with the county recorder in each county where an Abstract of Judgment was previously filed.

If the Creditor Fails to File:

Debtor’s Option: 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.

Governing Rule:

• Rule of Civil Procedure 58B: This rule governs the process of filing a Satisfaction of Judgment.

Statute of Limitations for Judgments

Key Points:

• Timeframe: The statute of limitations for renewing a judgment in Utah is 8 years from the date of the original judgment (Utah Code Section 78B-2-311).
• Action Require*d: 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 of the 8-year period but is not ruled on until after the expiration, the renewed judgment will be effective from the original judgment's expiration date.

Courthouses Location:

Utah Justice Court

151 South University Avenue, Suite 3300
Provo, Utah 84601
(801) 851-7200
https://www.utahcounty.gov/Dept/justcrt/scc.html

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Utah County

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