Small Claims Court in Kitsap County

In Kitsap County, WA small claims cases are typically filed in the District Court. Kitsap 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 Kitsap Court System.

Small Claims Court

Anyone—whether an individual, business, partnership, or corporation (with a few exceptions)—can file a small claims case, but it's only for recovering money. If you're a "natural person" (a regular human being), you can file a claim for up to $10,000, while businesses and other entities have a $5,000 limit.

Generally, you'll need to file your claim in the district court of the county where the defendant lives. You can check RCW 3.66.040 for specific rules and exceptions. Also, keep in mind that the State of Washington can't be sued in small claims court, and attorneys or paralegals aren't allowed to represent you unless the judge gives permission.

If you're filing a small claims case in the Cascade, Everett, Evergreen, or South divisions, your first step will be attending a mediation hearing at the courthouse before a trial date is set. The mediation is led by trained professionals from the Volunteers of America Dispute Resolution Center, who assist in resolving all sorts of disputes.

Cases Handled

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

In small claims court, within the jurisdictional amounts previously mentioned, district courts can handle a variety of cases related to recovering money, including but not limited to:

• Landlords (damage or unpaid rent) and tenants (security or damage deposits)
• Vehicles (repair issues, collision damage, or purchase and sale disputes)
• Services (services paid for but not performed, or services rendered but not paid for)
• Loans
• Purchased items (defective or non-functional products)
• Property damage
• Personal injury (covering medical bills and other expenses, but not pain and suffering)
• Breach of contract
• Wage disputes

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

There are certain cases that small claims courts cannot handle, as outlined in RCW 3.66.030. These include:

• Title to real property (ownership disputes over land)
• Foreclosure actions or enforcement of a lien on real estate
• Defamation (libel or slander)
• False imprisonment
• Malicious prosecution
• Criminal conversion (wrongful taking of property)
• Seduction
• Actions against an executor or administrator (in matters of estate administration)

File a Small Claim

To start a small claims case, you’ll need to fill out a Notice of Small Claim form, available from the district court clerk. The form requires the following:

• Your name and address
• A sworn statement that briefly explains your claim, including the amount you're seeking and when the issue occurred
• The name and address of the defendant, if you know them

You’ll need to sign the Notice in front of the clerk, unless the court tells you otherwise. The clerk will then schedule a hearing, trial, or response date on the form. While the clerk can assist with completing the forms and offer general information about the process, they cannot provide legal advice.

Keep in mind that there are time limits for filing your case, which can range from one to ten years, depending on the nature of your claim. You can refer to chapter 4.16 RCW to determine which time limit applies to your situation.

Cost

When you file a small claims case, you will need to pay a filing fee to the court clerk. The fee is either $35 or $50, depending on whether the county where you are filing supports a dispute resolution center.

In addition to the filing fee, you may also have to pay to serve or mail the Notice to the defendant. If you win your case, you may be able to recover these costs, including the filing and service fees, from the defendant.

Notifying the Defendant

Once you file the Notice of Small Claim with the court clerk, it must be "served" to the defendant by someone other than yourself. This can be done either through personal service or by mail. The Notice can be served in any of the ways outlined in RCW 4.28.080, such as handing a copy directly to the defendant or leaving it at their usual residence with someone responsible who can pass it along.

The Notice can only be served by:

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

Alternatively, the Notice can be sent to the defendant by registered or certified mail. If mailed, you must file a return receipt with the court, showing the defendant's signature. The defendant must receive the Notice at least ten calendar days before the scheduled hearing.

Additionally, the defendant has the right to file a counterclaim. To do so, they must pay a fee, file the counterclaim with the court, and serve you with a notice of the counterclaim.

Settle

It's common for neither party to be entirely right or wrong in a dispute, so settling your case before the hearing can be a smart way to save time and resources. If you reach a settlement, make sure to inform the court so the hearing can be canceled, and your case can be dismissed.

If the other party agrees to pay you at a later date, you can request a continuance from the court to delay the hearing. If the other party makes the payment before the new hearing date, notify the court to cancel the hearing. If you don't receive the payment by the continued hearing date, you will need to proceed with your case in court.

Keep in mind that if you choose to drop the suit, the filing fee and service costs are non-refundable.

Preparing for the Trial

Whether you're the plaintiff or the defendant, being well-prepared can greatly improve your chances in court. Here’s how to get ready for your trial:

1. Gather Evidence: Collect all relevant documents, such as papers, photographs, receipts, estimates, and canceled checks that support your case. Make sure you have everything that backs up your claims.
2. Organize Your Case: Write down the facts of your case in the order they occurred. This will help you present a clear, structured story to the judge, making it easier to follow.
3. Observe Court Proceedings: If possible, attend a small claims court session before your hearing date. This will give you a chance to see how small claims cases are handled, helping you feel more comfortable and informed on the day of your hearing.

Hearing

• Arriving at Court:
  • Report to the assigned courtroom for your case.
  • Be punctual to ensure the proceedings run smoothly.
• When Your Case Is Called:
  • Approach the counsel table.
  • The judge will swear in all parties and witnesses involved.
• Mediation (if applicable):
  • Some courts may suggest or require mediation before the hearing.
  • If you reach a settlement through mediation, you can request a "Judgment" from the court.
  • Sample Judgment forms for small claims courts are available on the State Courts website (www.courts.wa.gov).
• Court Hearing Process:
  • Plaintiff's Case: The judge will first ask the plaintiff to present their case.
  • Defendant's Case: The defendant will then explain their side.
  • Keep statements brief and focus on the facts.
  • The judge may ask you questions—answer honestly and to the best of your knowledge.
• Behavior in Court:
  • Be polite to both the judge and the other party.
  • Do not interrupt, and remain calm throughout the process.
  • Good manners and composure contribute to a fair and efficient hearing.
• After Hearing Both Sides:
  • The judge will usually announce the decision immediately.
  • A judgment will be entered based on the judge’s decision.

What If a Party Doesn’t Appear

• If the Defendant Doesn’t Show Up:
  • The plaintiff will usually be awarded a judgment for the amount claimed, plus any costs.
  • This is assuming the plaintiff can provide proof that the defendant was properly served with notice of the hearing.
• If the Plaintiff Doesn’t Show Up:
  • The court will typically dismiss the claim.
  • However, if the plaintiff can provide a valid reason for their absence, the court may allow the case to be restarted.

After the Judge Makes a Decision

After the Hearing:

• If the Plaintiff Wins:
  • The judge will order the defendant to pay the claimed amount, plus any costs and applicable interest.
  • The judgment will be entered into the court’s civil docket.
  • The winning party will receive a certified copy of the judgment from the court clerk at no additional cost.
• Enforcing the Judgment:
  • Having a judgment does not guarantee that the defendant will pay.
  • The Small Claims Court does not handle the collection of the judgment.
  • If the defendant does not pay immediately, the court may set up a payment plan.
  • If the defendant still refuses to pay, the judge may increase the judgment to cover enforcement costs.
  • If the judgment remains unpaid within 30 days (or as set in a mediation agreement or payment plan), the winning party may need to take further action to enforce the judgment, such as:
    • Garnishing the defendant’s wages or bank accounts
    • Seizing the defendant’s personal property
• Enforcement Assistance:
  • Since court clerks cannot provide legal advice, you may need to consult an attorney or a collection agency for help with enforcement.
  • The costs for these services may be added to the amount owed by the defendant.

If You Lose

Appealing a Small Claims Court Judgment:

If you lose in small claims court, you have the option to appeal the judgment, but there are some important restrictions:

• Appeal Limits:
  • You cannot appeal if the amount originally claimed was less than $250.
  • To appeal a claim or counterclaim, the original amount must have exceeded $1,000.
  • If the appeal involves a default judgment, you can appeal under district court rules for setting aside default judgments.
• Steps to Appeal (within 30 days of the judgment):
  • File a Notice of Appeal: Submit a written Notice of Appeal to the district court.
  • Serve Notice: Provide a copy of the Notice to all other parties involved.
  • Pay Transcript Fee: Pay a $20 transcript fee to the district court.
  • Deposit Filing Fees: Deposit $230 for the superior court filing fee and pay a $40 appeal preparation processing fee to the district court.
  • Post a Bond: Post a cash or surety bond equal to twice the amount of the judgment and costs, or twice the amount in controversy, whichever is greater.
• After Filing the Appeal:
  • You may request that the superior court suspend enforcement of the district court's judgment until the appeal is decided.
  • The district court clerk will send the court record to the superior court clerk within 14 days.
  • All further proceedings will take place in the superior court.

Courthouse Locations:

District Court Clerk's Office

614 Division Street, Room 106
Port Orchard, WA 98366
(360) 337-7109
https://www.kitsap.gov/dc/Pages/Small%20Claims%20Forms%20and%20Information.aspx

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 12:15 p.m. and 1:15 pm - 4:00 pm, except court holidays.

CITIES SERVES

• Bainbridge Island
• Bremerton
• Port Orchard (county seat)
• Poulsbo

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