Small Claims Court in Clark County

In Clark County, WA small claims cases are typically filed in the District Court. Clark County has one District Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Clark Court System.

Small Claims Court

Small Claims Court is part of the District Court system and provides a quicker, simpler, and more affordable way to resolve smaller cases where you're only seeking money. You don't need a lawyer unless the court gives you permission. The maximum claim amount is $10,000 for cases filed by an individual, and $5,000 for other situations. If your claim exceeds these amounts, you'll need to either reduce the claim or file in a higher court, like District or Superior Court.

The laws governing small claims are found in RCW Chapter 12.40, and there are also local rules that apply to these cases.

For more information on how to file a small claims case, check out these resources:

• Clark County District Court
• Washington State Courts
• Washington LawHelp

If you win, the court will issue a judgment for the amount you're owed, but it doesn't collect the money for you. If the defendant doesn't pay, you can take steps to collect the money yourself. The library's page on collecting a court judgment explains the two most common ways to enforce your judgment.

Cases Handled

Types of Cases That Can Be Brought in Small Claims Court:

Small Claims Court can handle a variety of cases involving the recovery of money, as long as they fall within the jurisdictional limits mentioned earlier. These include, but are not limited to:

• Landlord-Tenant Issues: Disputes over unpaid rent or property damage, or disagreements over security and damage deposits.
• Vehicle-Related Issues: Problems like repair disputes, collision damage, or issues with the purchase and sale of vehicles.
• Service Disputes: Cases where services were paid for but not performed, or where services were provided but not paid for.
• Loans: Disagreements over money lent and not repaid.
• Purchased Items: Claims for defective or non-functional products.
• Property Damage: Issues involving damage to personal property.
• Personal Injury: Claims covering medical bills and other expenses, though pain and suffering claims aren't handled here.
• Breach of Contract: Disputes over failure to meet terms in a contract.
• Wage Disputes: Claims related to unpaid wages or wage disputes.

Types of Cases That Cannot Be Brought in Small Claims Court:

Certain cases are outside the scope of Small Claims Court, as specified in RCW 3.66.030. These include:

• Title to Real Property: Disputes over the ownership of land.
• Foreclosure or Liens on Real Estate: Actions regarding the foreclosure of property or enforcement of real estate liens.
• Defamation: Claims for libel or slander (damaging someone's reputation).
• False Imprisonment: Claims related to wrongful detention.
• Malicious Prosecution: Cases involving accusations made with malicious intent.
• Criminal Conversion: The wrongful taking of someone’s property.
• Seduction: Claims of seduction (a legal term from an older time).
• Estate Matters: Actions against an executor or administrator in relation to estate administration.

File a Small Claim

To start your case in Small Claims Court, you'll first need to fill out a Notice of Small Claim form, which you can get from the district court clerk. The form requires the following information:

1. Your Name and Address: Provide your contact details.
2. A Sworn Statement: Briefly describe the claim, including the amount you're seeking and when the issue occurred.
3. Defendant's Information: If you know the defendant’s name and address, include that as well.

You must sign the form in front of the clerk, unless the court gives you different instructions. The clerk will then set a hearing, trial, or response date on the form. While the clerk can assist you with filling out forms and provide general information about the process, they cannot offer legal advice.

Important Note: Be aware that there are time limits for filing your claim, which range from one to ten years, depending on the type of case. To find the specific time limit that applies to your situation, refer to RCW 4.16.

Cost

When you file your claim, you will need to pay a filing fee to the court clerk. The fee will be either $35 or $50, depending on whether the county where you're filing supports a dispute resolution center.

In addition to the filing fee, you may also have to pay for serving or mailing the Notice of Small Claim to the defendant. If you win your case, you may be able to have the defendant cover the costs of the filing and service fees.

Notifying the Defendant

Once you've filed the Notice of Small Claim with the clerk, it must be "served" (delivered) to the defendant by someone other than you. This can be done either in person or by mail. There are several methods for serving the Notice, as outlined in RCW 4.28.080. For example, you can give a copy of the Notice directly to the defendant or leave it at their usual residence with a responsible person who can pass it on to the defendant.

The Notice can be served by:

1. A person who is over 18, competent to be a witness, and not involved in the case.
2. The sheriff or a deputy in the county where the court is located.

Instead of personal service, you can also send the Notice by registered or certified mail. If you choose to mail it, you’ll need to file a return receipt with the court that shows the defendant's signature upon receiving the Notice.

The defendant must receive the Notice at least 10 calendar days before the scheduled hearing. Note: If the defendant wants to file a counterclaim, they must pay a fee, file the claim with the court, and serve you with notice of the counterclaim.

Settle

In most cases, neither party is entirely right or wrong. To make the best use of the court's time and resources, you are encouraged to try to settle the dispute before the hearing. If you reach a settlement before the hearing, you must notify the court so the hearing can be canceled and your case dismissed.

If the other party agrees to pay at a later date, you can request a continuance (postponement) of the hearing. If the payment is made before the new hearing date, ask the court to cancel the hearing. If you haven't received the payment by the time of the continued hearing, you'll need to proceed with the case in court.

Keep in mind that if you decide to drop the case, the filing fee and service costs will not be refunded.

Preparing for the Trial

1. Prepare Documents: Gather all relevant documents such as:
   • Papers
   • Photographs
   • Receipts
   • Estimates
   • Canceled checks
   • Other materials related to the case
2. Organize Your Story: Write down the facts of the case in the order they occurred. This will help you:
   • Stay organized
   • Present your story clearly to the judge
3. Attend a Small Claims Session: Consider sitting through a small claims court session before your hearing to:
   • Gain first-hand insight into how small claims cases are heard
   • Feel more comfortable during your own hearing

Hearing

• Arrive on Time: Report to the courtroom where your case is assigned. Make sure you're not late.
• When Your Case is Called:
  • Approach the counsel table when your case is called.
  • The judge will swear in all parties and witnesses.
• Mediation:
  • Some courts may suggest or require mediation to try to settle the case.
  • If you reach an agreement through mediation, consider requesting a “Judgment” from the court.
  • Sample Judgment forms are available on the State Courts website (www.courts.wa.gov).
• The Hearing:
  • Don’t be nervous—small claims court hearings are informal.
  • The judge will ask the plaintiff to present their side first, followed by the defendant’s explanation.
  • Be brief and stick to the facts.
  • The judge may ask questions, and you should answer truthfully and to the best of your knowledge.
• Courtroom Etiquette:
  • Be polite to both the judge and the opposing party.
  • Do not interrupt anyone.
  • Keep your temper in check—good manners and calm behavior contribute to a fair and efficient hearing.
• After the Hearing:
  • Once both sides have been heard, the judge will usually announce the decision immediately and enter a judgment based on their decision.

What If a Party Doesn’t Appear

• Defendant Fails to Appear: If the defendant does not show up for trial, the plaintiff will be granted judgment for the amount of the claim proven in court, plus costs, as long as the plaintiff can provide proof of service.
• Plaintiff Fails to Appear: If the plaintiff does not show up, the claim will be dismissed. However, the court may allow the plaintiff to start the process over if they can show good cause for their absence.

After the Judge Makes a Decision

• After the Hearing: Once the judge hears both sides, they will either issue a judgment or dismiss the case.
  • If the plaintiff wins, the judge will order the defendant to pay the claimed amount, plus costs incurred by the plaintiff in bringing the case and any applicable interest.
  • The clerk will enter the judgment into the civil docket and provide a certified copy of the judgment to the winning party at no additional cost.
• Judgment Doesn’t Guarantee Payment: Even with a judgment, you may not receive payment right away. The Small Claims Court does not collect the judgment for you.
• Payment Plans: If the defendant doesn’t pay immediately, the court may set up a payment plan.
• Enforcing the Judgment: If the defendant fails to pay:
  • The judge may increase the judgment amount to cover enforcement costs.
  • You can attempt to collect the payment through enforcement actions like wage or bank account garnishment, or by taking personal property.
  • Legal Assistance: Court clerks cannot give legal advice, so you might need help from an attorney or collection agency. In some cases, the debtor may be required to pay for these services.

If You Lose

Here’s a summary of the process for appealing a judgment:

• Eligibility to Appeal:
  • Either party can appeal if they disagree with the judge's decision.
  • No appeal if the amount originally claimed was less than $250.
  • If appealing a claim or counterclaim, the amount must exceed $1,000.
  • If a default judgment is issued against a party, they may appeal under district court rules for setting aside default judgments.
• Appeal Process (must be done within 30 days of judgment):
  • File a written Notice of Appeal with the district court.
  • Serve a copy of the Notice on the other parties involved.
  • Pay a $20 transcript fee to the district court.
  • Deposit $230 filing fee for superior court, payable in cash, money order, or cashier’s check to the Clerk of the Superior Court, and $40 processing fee to the district court.
  • Post a bond equal to either:
    • Twice the amount of the judgment and costs, or
    • Twice the amount in controversy (whichever is greater).
• After the Appeal:
  • Once the appeal and bond are transferred to superior court, the appellant can request the superior court to suspend the enforcement of the judgment in district court until the appeal is heard.
  • The district court clerk will send the court record to the superior court clerk within 14 days of filing the Notice of Appeal.
  • All future proceedings will take place in superior court.

Courthouse Locations:

Clark County Courthouse

1200 Franklin Street
Vancouver, WA 98660
(564) 397-2424
https://clark.wa.gov/law-library/small-claims

BUILDING HOURS

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

CITIES SERVED

• Vancouver
• Orchards
• Camas
• Hazel Dell
• Battle Ground
• Five Corners
• Salmon Creek
• Washougal
• Ridgefield
• Minnehaha
• Felida
• Mount Vista
• Barberton
• Lake Shore
• Hockinson

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