Small Claims Court in Weber County

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

Small Claims Court

In Utah, small claims cases are usually handled in justice courts, but in Cache County, they go through district court instead. So if you're in Cache County, be prepared for a slightly different process. In Davis County, you can file a claim for up to $15,000. Just remember, small claims court can't be used for suing government agencies or dealing with eviction cases, as outlined in Utah Code Section 78A-8-102.

Cases Handled

Small Claims Court covers a variety of cases, such as:

• Tenant/landlord disputes
• Personal injury claims
• Cases involving stolen or damaged property
• Debt collection
• Disagreements over auto repairs or poor construction work
• Problems with defective products
• Breaches of contract or unkept verbal promises

Who may file a claim

When filing a case in Small Claims Court, it’s important to properly identify all the parties involved:

• For Individuals:
  • Use the person's full legal name.
• For Minors (under 18):
  • If the minor is the Defendant, you can either sue the minor directly or name their parent or legal guardian in the lawsuit.
  • If the minor is the Plaintiff, they must have their parent or legal guardian represent them 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 in the business.
  • Corporation: Use the corporation's official legal name, and include details about its registered office along with the name and address of the Registered Agent.

Where to file

• 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 took place.
• Suing a Business: Use the Department of Commerce's Business Search 9 to find out where the business is registered. This will help you determine the correct court jurisdiction.
• Skilled Workers (e.g., dentists, contractors, beauticians): Check the Department of Commerce's resources to find where they’re registered, which will point you to 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 Weber County: You must file directly in district court, as there’s no county justice court there.

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:

• Check Court Information: Visit the local justice court's website or contact them to see if they offer Online Dispute Resolution (ODR) for small claims cases. They'll let you know which courts participate.
• If ODR is available, you’ll need these forms:
  • Justice Court Cover Sheet
  • ODR Small Claims Summons and Affidavit
• If ODR is not available, use these forms:
  • Justice Court Cover Sheet
  • Affidavit and Summons (Small Claims)

Filing Fees: Pay the filing fee listed on the cover sheet. If you can’t afford the fee, you can apply for a fee waiver.

Submitting the Forms:

Once you’ve filled out the required forms, submit them to the justice court where you’re filing your case.

For ODR Cases

After Filing Your Case: What to Expect

1. Receive Court Email: Once your case is filed, keep an eye out for an email from courtsystems@utcourts.gov. This email will contain a password and a link to the Online Dispute Resolution (ODR) platform. Be sure to check your spam or junk folder, just in case.

2. Log In to ODR:

   • Visit the ODR website at odr.utcourts.gov.
   • Click on "Login" and enter the password provided in the email.
   • If you didn’t receive the email or can’t find the password, click "Forgot/Reset password?" to reset it.

3. Log In Within 7 Days: You must log in within 7 days of filing your case. If you don’t, your case could be dismissed.

4. Waiting for the Defendant:

   • The defendant has 14 days after being served to log in to ODR.
   • Once they log in, a court facilitator will assist both parties in trying to resolve the case through an online chat.

If the Defendant Doesn’t Log In:

If the defendant fails to log in within the required 14 days, you can request a default judgment by filing the following: - Military Service Declaration - Motion for Default Judgment - Order Granting Default Judgment

If You Reach an Agreement:

• If you and the defendant come to an agreement, the facilitator will draft a settlement agreement for both parties to sign.

If No Agreement Is Reached:

• If you can’t settle the case through ODR, it will move forward to trial. Here’s what you need to do:
  • Prepare thoroughly: Gather all your evidence, documents, and witnesses.
  • Subpoenas: If needed, use subpoenas to compel witnesses or documents for the trial.

Postponing the Trial:

• If you need more time before the trial, you can file a Motion to Postpone. If the court approves it, they will notify the other party about the new trial date.

For Non- ODR Cases

What to Expect After Filing Your Small Claims Case

• Trial Scheduling:
  • Once you file your case, it will be scheduled for trial. Attendance is critical—if you miss the trial, you may automatically lose the case. Be sure to bring all your evidence and be ready to explain your side clearly. For tips on how to prepare, check out the "Going to Court" guide.
• Need Witnesses or Documents?
  • If you need witnesses or documents to support your case, you can serve a subpoena. For more information on how to issue subpoenas, visit our subpoenas page.
• Changing the Trial Date:
  • If you need to change the trial date, here’s what you need to do:
    1. File a Motion to Postpone Small Claims Case.
    2. Submit an Order on Motion to Postpone Small Claims Case.

If the court approves your motion, they will notify the other party about the new trial date.

Rule 6 – Pre-Trial Guidelines:

• Discovery: Unlike other types of court cases, discovery (the exchange of evidence and information) is not allowed in small claims court. However, both parties are encouraged to exchange relevant information before the trial.
• Motions and Responses: Written motions and responses can be filed before trial or presented at the start of the trial itself.
• Postponing the Trial: Each party is allowed one request for a trial postponement, but it must be filed at least 5 business days before the trial. If you need a longer delay, you’ll need the judge’s approval, and there may be additional costs involved.

By staying organized and prepared, you’ll be in a much better position to handle your case effectively.

Court Fees

Here’s a breakdown of the fees you may encounter when filing or dealing with a small claims case:

• 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 Court Fees:
  • Abstract of Judgment: $50 (paid to District Court)
  • Writ of Garnishment: $50 (paid to court), $10 (paid to the garnishee)
  • Writ of Continuing Garnishment (wages): $50 (paid to court), $25 (paid 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 and may vary depending on your jurisdiction and the specifics of your case.

Non-Court Fees:

• Witness Fees:
  • First day: $18.50
  • Subsequent days: $49 per day
  • Mileage: Reimbursed at the current federal rate for distances over 50 miles one way

Service of Process Fee / County Recorder Fee:

• These fees vary based on the statute or service provider and depend on the type of service needed, such as serving legal documents or recording judgments with the county recorder.

Serve the Defendant

Steps After Filing Your Documents with the Court

Once you've filed your case with the court, it’s time to move forward with serving the defendant and ensuring all legal requirements are met. Here's what you need to do:

1. Serve the Defendant:
   • Make sure the defendant receives copies of all the documents you've filed with the court. If you're not using Online Dispute Resolution (ODR), you must serve the defendant at least 30 days before the trial. This gives them time to prepare.
2. Keep Copies:
   • Always keep a copy of everything you serve on the defendant for your records. This is important for your own documentation and for proving that you've complied with the process.
3. File Proof of Service:
   • After serving the defendant, file proof of service with the court. This is your way of confirming that the defendant received the documents on time. The court will need this to proceed with your case.

Settlement

Enforcing a Settlement Agreement in Small Claims Court

If you’ve reached a settlement through Online Dispute Resolution (ODR) or before your trial, and you need the court’s help to enforce it, here’s what you need to do:

1. File the Necessary 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

   These forms ask the court to enforce the terms of your settlement agreement.

2. Serve the Other Party:

   • Ensure the other party receives copies of the filed papers. You’ll need to provide proof that they’ve been properly served.

3. Attend the Hearing:

   • The court will schedule a hearing to review the motion. Be sure to attend. If the court rules in your favor, they will issue a judgment that enforces the settlement agreement.

Unsuccessful Facilitation

If the Online Dispute Resolution (ODR) process doesn’t result in a settlement, here’s what you can expect next:

a) Responsibilities of the Facilitator:

1. Terminate Facilitation:
   • If the dispute isn’t resolved, the facilitator will end the facilitation process and notify the court to schedule a trial date.
2. Prepare Summary Form:
   • The facilitator will assist both parties in preparing a summary formthat outlines the key points discussed during facilitation. Both parties must agree to this form and submit it to the court before the trial.
3. 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:

1. Schedule Trial:
   • The court will schedule a trial date within 7 to 21 days after receiving the facilitator’s notification.
2. Notify Parties:
   • The court will send an email to both parties with the trial date. The notice will go to the email address associated with their ODR account or any updated contact details provided.

c) Handling Conflicts with the Trial Date:

1. Mutual Agreement:
   • If either party has a conflict with the scheduled trial date, they should try to agree with the other party on a new date and request the court to approve the change.
2. Request a Continuance:
   • If the parties can’t agree on a new date, the party seeking a change must request a continuance from the court at least 5 days before the trial.

Failing to Respond

If the plaintiff doesn’t respond during the Online Dispute Resolution (ODR) process, here’s how things will proceed:

• Facilitator’s Role:
  • After 10 days of the plaintiff not responding, the facilitator may notify 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 involving the same dispute, the court may grant a dismissal with prejudice. This means the case cannot be refiled in the future.

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

1. Counterclaims:
   • Defendants can present counterclaims informally during the facilitation process without needing to file them formally with the court at that stage.
2. If an Agreement is Reached:
   • If a settlement is reached and the defendant becomes the judgment creditor, no further action is required. The terms of the agreement are finalized, and the case is resolved.
3. If the Case Goes to Trial: If the dispute is not settled and the case moves to trial, the defendant must formally file their counterclaim and pay the filing fee at least 5 days before the trial. The defendant can serve the plaintiff with the counterclaim using the email address provided by the plaintiff.

Trial

1. Judge’s Decision:
   • The judge will usually announce the decision immediately after the trial, but they have up to 60 days to issue a formal judgment.
2. Winning:
   • If you win your case, the defendant is legally obligated to pay you the amount awarded.
   • If they fail to do so, you will need to take further steps to collect your judgment.
3. Losing and Appealing:
   • If you lose and believe there was an error in the judgment, you have the right to appeal. The deadline to file an appeal is 28 days from the date of the judgment.

How to Appeal:

1. File the Necessary 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:
   • Be prepared to pay the filing fees required for the appeal process.
3. Appeal Process:
   • Once your appeal is filed, your paperwork will be forwarded to the nearest district court in the same judicial district. A new trial will be scheduled there.
   • This new trial is separate from the original small claims trial, and the district court will review the case without being bound by the prior decision.
4. Preparing for the Appeal:
   • Gather all relevant evidence and documents. Be ready to explain why you believe the judgment should be reversed or modified.
5. Winning on Appeal:
   • If the appeal is successful, the district court may issue a new judgment. You may need to prepare a judgment form to formalize the new decision.

Going to Court

Preparing for Court: What to Do Before Your Trial

To ensure you're ready for your small claims trial, here are some key steps to follow:

1. Dress Professionally:
   • Dress appropriately for court, as you would for a formal occasion or a job interview. This shows respect for the court and helps present yourself as serious and prepared.
2. Bring Evidence:
   • Gather all your evidence—this can include:
     • Witnesses who can support your case.
     • Documents, photographs, and other evidence that strengthen your argument.
   • Make at least four copies of everything:
     • One for each witness.
     • One for the judge.
     • One for the opposing party.
     • One for yourself, in case you need to reference it during the trial.
3. Representation:
   • In small claims court, you can:
     • Represent yourself.
     • Be represented by a lawyer, employee, or another person approved by the judge (Rule of Small Claims Procedure 13).
     • If you choose representation, make sure the person is prepared to speak on your behalf.
4. Arrive Early:
   • Arrive at least 30 minutes before your scheduled time. This gives you enough time to:
     • Navigate security at the courthouse.
     • Locate your courtroom and get settled before the trial begins.

Appeal

If you're considering appealing a decision from small claims court, here’s an outline of the process:

(a) Appeal Timeframe:

• You can appeal the final decision within 28 days of the judgment or the denial of a motion to set the judgment 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:

• To begin the appeal process, file a Notice of Appeal with the court that issued the judgment.
• Be sure to pay the required filing fee, unless you're eligible for a fee waiver due to financial hardship.

(c) Scheduling New Trial:

• Once the notice is filed, the district court clerk will schedule a new trial and notify all involved parties.
• Affidavits are not allowed during the appeal process, but some information exchange may be required before the trial.

(d) Trial Details:

• The district court will determine the specifics of the new trial, which will be held:
  • Closest to the original justice court for justice court appeals.
  • In the same district court for small claims appeals.

(e) Bond for Delay:

• If you want to delay payment of the judgment until the appeal is resolved, you may be required to post a bond with the district court.

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

(g) Final Decision Notification:

• Once the district court makes its decision, it will notify the original court of the final judgment.

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

(i) Standard Appeal Rights:

• When moving a small claims case- to district court under Rule 4A, all parties are granted standard district court appeal rights, which includes the opportunity to present evidence and call witnesses.

Miss Trial

If you miss your small claims trial, here’s what could happen and what you can do next:

• Consequences:
  • Dismissal of Your Case: If you fail to attend, your case may be dismissed.
  • Default Judgment: If the other party filed a counterclaim, a judgment may be entered against you.
• Requesting to Undo the Dismissal or Judgment:
  • If you miss your trial and want to reverse the dismissal or judgment, you can request to undo it within 15 days of the dismissal or judgment entry.
  • If more than 15 days have passed, you must provide an explanation for the delay in filing your request.
• Required Forms:
• To request that the court set aside the dismissal or judgment, you’ll need to file these forms:
  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
• Court Hearing:
  • After submitting your forms, the court will schedule a hearing for your request.
  • It is important to attend this hearing. You’ll need to explain why the dismissal or judgment should be reversed, and provide any evidence or reasoning to support your case.

Collect Judgment

When a court issues a judgment and the debtor does not pay voluntarily, the creditor has the right to enforce the judgment by taking steps to seize and sell the debtor's non-exempt assets.

Record-Keeping for Judgment Enforcement

• Accurate Records:
  • Maintaining precise records is essential to avoid disputes about the amount owed. Both parties should keep thorough and detailed documentation related to the case.
• Documentation:
  • Both the creditor and the debtor should keep copies of:
    • The judgment issued by the court.
    • Detailed records of all payments, including:
      • Payments made by the debtor (whether voluntary or through garnishment).
      • Any expenses incurred during the enforcement process, such as attorney fees, garnishment costs, and court fees.

Renewing or Satisfying a Judgment

• Proof Required:
  • To renew or satisfy a judgment, the creditor must provide proof of the total amount due, which includes:
    • The original judgment amount.
    • Accrued interest.
    • Collection costs.
    • Any *authorized fees or additional costs.
• Evidence and Challenges:
  • Both parties are entitled to present evidence supporting their claims and challenge any discrepancies.
  • Written records (e.g., payment records, receipts, etc.) are generally considered the most reliable form of documentation in these cases.

Post-Judgment

1. Contractual Rates:
   • If the contract between the parties specifies a post-judgment interest rate, that rate will apply to both:
     • The original judgment.
     • Any subsequent renewals of the judgment.
   • This rate takes precedence over statutory rates if explicitly agreed upon in the contract.
2. Statutory Rates (Utah Code Section 15-1-4):*
   • For civil judgments where no specific interest rate is outlined in the contract, 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, meaning even if the federal interest rate changes, the post-judgment rate stays the same as it was when the judgment was issued.
3. Renewed Judgments:
   • When a judgment is renewed, the post-judgment interest rate remains the same as it was for the original judgment year, unless:
   • The contract specifies a different rate for renewed judgments.
4. Detailed Rates:
   • For more information on historical interest rates since 1993, visit our webpage on Post-Judgment Interest Rates.

Judgment Lien

If a debtor owns real estate and refuses to pay the judgment, you can establish a judgment lien to secure the debt. Here's how to do it:

1. Obtain Documentation:
   • First, you’ll need to get an Abstract of Judgment or a certified copy of the judgment from the court clerk where the judgment was issued. This serves as the official documentation to create the lien.
2. File with the County Recorder:
   • After obtaining the necessary documentation, take the Abstract of Judgment or certified copy and file it with the County Recorder's office in each county where the debtor owns real property.
   • This filing places a lien on any real estate the debtor holds in that county.
3. Include Judgment Information Statement:
   • Along with your filing, include a Judgment Information Statement. This form provides additional details about the judgment, such as the case number, parties involved, and the amount owed.

Important Note:

• A judgment lien does not collect money directly. It simply encumbers the property, preventing the debtor from selling, transferring, or mortgaging the property until the judgment is satisfied or expires.
• This lien remains in place even if the property is sold, and the proceeds may be used to satisfy the debt once the sale happens.

By establishing a judgment lien, you secure your interest in the debtor's real property, which can help ensure that the debt is paid before the debtor can transfer or sell their assets.

Debtor’s Property

For Forms and Additional Details:

If you're looking to take the next steps in establishing a judgment lien or identifying a debtor’s property for potential seizure, here are the forms and processes you’ll need: - Abstract of Judgment: This document is used to record your judgment with the County Recorder’s office and establish a lien on the debtor’s property. - Judgment Information Statement: Provides details about the judgment, including case number and the amount owed.

Identifying the Debtor’s Property for Seizure

To collect the judgment through methods like writs of execution or garnishment, you may need to identify the debtor's property. Under Rule of Civil Procedure 64(c), creditors can seek court approval to use discovery methods to locate assets.

Common Discovery Methods:

1. Hearings:
   • You can request a hearing where the debtor is questioned verbally about their assets. This is a formal process that can help uncover hidden assets.
2. Written Interrogatories:
   • You may also use written questions (interrogatories) to ask the debtor about their assets. These questions are designed to gather specific information related to the debtor’s property, income, and any other assets that may be subject to seizure.

Legal Writs for Judgment Enforcement

Writs for Seizing Property

1. Writ of Garnishment (Rule 64D): Seizes money or property owed to the debtor by third parties (e.g., employers or banks).
2. Writ of Execution (Rule 64E): Seizes the debtor’s non-exempt real or personal property.
3. Writ of Replevin (Rule 64B): Recovers specific personal property before judgment, under certain conditions.
4. Writ of Attachment (Rule 64C): Seizes property before judgment, in specific cases.

Sale of Seized Property:

• Seized property (except money) can be sold to satisfy the judgment under Rules 69A, 69B, and 69C.

Satisfaction of Judgment

Filing a Satisfaction of Judgment

1. With the Court: After 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 the Abstract of Judgment was filed.
3. Debtor's Action: If the creditor fails to file, the debtor can file a Motion for Satisfaction of Judgment.

Rule 58B governs the Satisfaction of Judgment process. For more details, visit our webpage on Satisfaction of Judgment.

Statute of Limitations

Renewing a Judgment in Utah

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

Courthouse Location:

Weber County District Court

2525 Grant Ave
Ogden, UT 84401
(801) 395-1079
https://www.utcourts.gov/

BUILDING HOURS

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

CITIES SERVED

• Ogden
• Roy
• West Haven
• North Ogden
• South Ogden
• Pleasant View
• Hooper
• Plain City
• Farr West
• Harrisville
• Marriott-Slaterville
• Wolf Creek
• Uintah
• Liberty
• Eden
• Huntsville

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