Small Claims Court in Pierce County

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

Small Claims

At Pierce County, Washington; any individual, business, partnership, or corporation (with a few exceptions) can file a small claims case to recover money. For claims brought by an individual (a natural person), the maximum amount you can seek is $10,000.

For cases brought by businesses, corporations, or other entities, the limit is $5,000. When paying the filing fee, you can use cash, VISA, or MasterCard; personal checks are not accepted.

In small claims cases, you'll first attend a mediation hearing with an impartial mediator. During this mediation, witnesses aren’t permitted, and attorneys cannot represent either side. Instead, you'll present your case using statements, contracts, estimates, photographs, and similar evidence. About 75% of these cases are resolved at mediation. If mediation doesn’t result in a settlement, the case will be scheduled for trial.

Generally, you need to file your claim in the district court of the county where the defendant lives. For details on exceptions and specific rules, check RCW 3.66.040. Note that the State of Washington cannot be sued in small claims court. Also, attorneys and paralegals usually can’t represent parties in small claims cases unless the judge gives permission.

Getting Started

To start, you'll need to fill out a Notice of Small Claim form, which you can get from the district court clerk. The Notice must include:

(1) your name and address

(2) a sworn statement outlining your claim, including the amount you're seeking and when the issue happened.

(3) the name and address of the defendant, if you know it. You’ll need to sign the Notice 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 help you with forms and general information, they can’t provide legal advice.

Keep in mind that there are specific time limits for filing claims, ranging from one to ten years. To find out which limit applies to your case, refer to chapter 4.16 RCW.

You can also file your small claim case online.
After you file, be sure to jot down the confirmation number, as you'll need it later.
It's important to get in touch with the court within 72 hours to review your claim; you can do this online via Live Chat or by calling (253)798-7487.
If you miss this 72-hour window, your filing will be automatically dropped, and you might have to start over.
Once you’ve paid the filing fee, the court will send you a service packet and details about your hearing, either by email or mail.
Remember, your claim won’t be processed until you’ve contacted the court for review and paid the fee.

Costs

Here are the updated district court filing fees and cost codes effective from August 28, 2024:

Certified / Exemplified Copies: $5.00 per seal, in addition to paper, electronic, or CD fees
Electronic Copies: $0.25 per page (sent by fax/email)
Paper Copies: $0.50 per page
CD Copies: $10.00 per CD (additional charges for electronic copies and certification may apply)
Small Claims: $50.00
Small Claims Counterclaim / Cross Claim / 3rd Party Claim: $50.00
Small Claims Certification to District Court Status (for cases filed before 7/29/19): $20.00
Small Claims / De Novo Appeal Fee: $370.00
Supplemental Proceedings: $20.00
Transcripts: $20.00
Writ of Garnishment: $12.00

Mediation

For claims brought by an individual (a natural person), the maximum amount you can seek is $10,000. For cases brought by businesses, corporations, or other entities, the limit is $5,000. When paying the filing fee, you can use cash, VISA, or MasterCard; personal checks are not accepted.

Notifying the Defendant

After you file the Notice of Small Claim with the clerk, it must be served to the defendant by someone other than yourself. This can be done either in person or through the mail. You can serve the Notice in one of the ways specified in RCW 4.28.080, such as handing it directly to the defendant or leaving it at their usual residence with someone who can be trusted to pass it on.
The person serving the Notice must be at least 18 years old, competent to be a witness, and not involved in the case. Alternatively, the sheriff or a deputy from the county where the court is located can serve the Notice.
If you choose to mail the Notice, you must use registered or certified mail and file the return receipt with the court. This receipt should include the signature of the person who received the Notice.
The defendant must receive the Notice at least ten calendar days before the scheduled hearing.

Note: If the defendant wants to file a counterclaim, they will need to pay a fee, file the counterclaim with the court, and serve you with notice of the counterclaim.

Settlement

In most cases, neither side is completely right or wrong. To make the best use of judicial resources, it’s encouraged to try settling your case before the hearing. If you manage to reach a settlement before the hearing, you need to inform the court so they can cancel the hearing and dismiss your case.
If the other party agrees to make a payment later, you can request a continuance from the court. If you receive the payment before the new hearing date, let the court know so they can cancel the hearing. However, if you don’t receive the payment by the rescheduled hearing date, you should proceed with the case in court.
Keep in mind that if you drop the suit, the court will not refund the filing fee or any service costs.

Preparing for Trial

Whether you’re the plaintiff or defendant, being well-prepared can make a big difference in your case. To get ready for the trial, gather all relevant documents, such as papers, photographs, receipts, estimates, and canceled checks.
It’s also a good idea to write down a chronological account of the facts in your case. This will help you organize your thoughts and present a clear and structured narrative to the judge.
Additionally, it can be very helpful to attend a small claims court session before your own hearing. This will give you a better understanding of how cases are conducted and what to expect during your trial.

The Hearing

When you arrive at court, make sure to report to the correct courtroom and be on time. When your case is called, approach the counsel table, and the judge will swear in everyone involved, including any witnesses.
Some courts may suggest or require mediation to try and settle the dispute before the hearing. If you reach a mediation agreement, you might want to ask the court for a “Judgment” to formalize the agreement. You can find sample Judgment forms on the State Courts website (www.courts.wa.gov).
Don’t be anxious—the small claims court process is informal. The judge will typically ask the plaintiff to present their case first, followed by the defendant. Keep your statements concise and focus on the facts. The judge may ask questions during your presentation; answer them honestly and clearly.
Maintain politeness towards the judge and the opposing party. Avoid interrupting and stay calm, even if the situation becomes tense. Good manners and a calm demeanor contribute to a fair and efficient hearing and make a positive impression.
After both sides have presented their cases, the judge will usually announce their decision immediately and enter a judgment based on what they've heard.

What If Someone Doesn’t Show Up?

If the defendant does not show up for the hearing, the plaintiff may be awarded judgment for the amount claimed, along with any costs, as long as the plaintiff provides proof that the defendant was properly served.
If the plaintiff fails to appear, the court will usually dismiss the claim. However, if the plaintiff can demonstrate a valid reason for their absence, the court may allow them to refile the case.

The Judgment

After the judge has made a decision, 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 any costs incurred by the plaintiff and any applicable interest. The judgment will be recorded in the court’s civil docket, and the clerk will provide a certified copy of the judgment to the winning party at no extra charge.
Having a judgment doesn’t guarantee payment, as the Small Claims Court does not handle collections for you. If the defendant doesn’t pay immediately, the court may set up a payment plan. If the losing party still fails to pay, the judge might increase the judgment amount to cover enforcement costs.
If no appeal is filed and the judgment remains unpaid after 30 days (or the timeframe set by a mediation agreement or payment plan), the winning party can pursue collection methods. This might involve garnishing the defendant’s wages or bank accounts or seizing personal property. Since court clerks can’t offer legal advice, you may need to consult an attorney or collection agency to help with this process, and the costs might be covered by the debtor.

If You Lose

If you lose your case and wish to appeal the judgment, there are specific conditions and procedures you must follow:

Eligibility for Appeal: You can appeal if the judgment was against you, but there are limits: No appeal is allowed if the amount originally claimed was less than $250. To appeal a claim or counterclaim judgment, the amount originally claimed must have been over $1,000. If the appeal concerns a default judgment, you can appeal according to the district court rules for setting aside default judgments.
Steps to Appeal: You must take the following steps within 30 days of the judgment:
- File a Notice of Appeal: Submit a written Notice of Appeal to the district court.
- Serve the Notice: Provide a copy of the Notice to all other parties involved.
- Pay Transcript Fee: Pay a $20 fee to the district court for the transcript.
- Pay Filing and Processing Fees: Deposit $230 for the superior court filing fee (cash, money order, or cashier’s check) and a $40 appeal preparation processing fee to the district court.
- Post a Bond: Provide a cash or surety bond equal to twice the amount of the judgment and costs or twice the amount in controversy, whichever is greater.
Appeal Process: Once your appeal and bond are transferred to the superior court, you can request that the superior court suspend enforcement of the district court judgment until the appeal is decided. The district court clerk will send the court record to the superior court clerk within 14 days of filing the Notice of Appeal. After that, all further proceedings will take place in the superior court.

Courthouse Location:

Pierce County Courthouse

County-City Bldg - 2nd Floor
930 Tacoma Ave S, Rm 239
Tacoma, WA 98402
(253) 798-7487
https://www.piercecountywa.gov/823/File-a-Small-Claims-Case

BUILDING HOURS

Monday – Friday 8:00 a.m. – 4:00 p.m., except court holiday

Let Squabble Help You With Your Small Claim at Pierce County

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