Small Claims Court in Snohomish County

In Snohomish County, WA small claims cases are typically filed in the District Court. Snohomish County has 4 District Courthouses that handle 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 Snohomish Court System.

Small Claims Court

Any individual, business, partnership, or corporation (with a few exceptions) can file a small claims action, but only to recover money. A "natural person" (a human being) can file a claim for up to $10,000, while the limit for businesses and other entities is $5,000. Generally, you need to file the claim in the district court of the county where the defendant(s) live. Specific rules and exceptions can be found in RCW 3.66.040. Note that the State of Washington cannot be sued in small claims court. Attorneys and paralegals are not allowed to participate in small claims actions unless they receive permission from the judge. When you file a small claims suit in the Cascade, Everett, Evergreen, or South divisions, you'll first attend a mediation hearing at the courthouse before setting a trial date. The mediation is facilitated by trained mediators from the Volunteers of America Dispute Resolution Center, who help settle a wide range of disputes.

Cases Handled

The Small Claims Court handles a variety of cases, such as:

• Disputes between tenants and landlords
• Personal injury claims
• Stolen property cases
• Claims for damaged property
• Debt collection issues
• Auto repair problems
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

File a Small Claim

To start a small claims case, you'll need to prepare a Notice of Small Claim form, which you can get from the district court clerk. This form requires:

1. Your name and address.
2. A sworn statement briefly describing your claim, including the amount and when it occurred.
3. The name and address of the defendant, if known.

You must sign the Notice in the presence of the clerk, unless the court instructs you otherwise. The clerk will then set a hearing date, trial date, or response date on the form. While the clerk can help you with the forms and provide general information about the process, they are not allowed to give legal advice.

Be aware that there are time limits for filing actions, which can range from one to ten years depending on your case. Refer to chapter 4.16 RCW to find out which time limit applies to your situation.

Cost

When you file a claim, you must pay a filing fee to the court clerk. The fee is either $35 or $50, depending on whether the county where you file supports a dispute resolution center. Besides the filing fee, you might also need to pay for serving or mailing the Notice to the defendant. If you win your case, you could potentially have the defendant cover these filing and service costs.

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 listed in RCW 4.28.080, such as handing a copy directly to the defendant or leaving it at their usual residence with a responsible person who can pass it along.

The Notice can only be served by:

1. A person over the age of 18 who is competent to be a witness and not involved in the case.
2. 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, a return receipt with the defendant's signature must be filed with the court. The defendant must receive the Notice at least ten calendar days before the scheduled hearing.

Additionally, the defendant has the option 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 wise use of judicial resources. If you reach a settlement before the hearing, inform the court so the hearing can be canceled and your case dismissed.

If the other party agrees to pay you at a later date, you can request a continuance from the court. Should the other party pay before the new date, notify the court to cancel the hearing. If you don't receive the payment by the continued hearing date, proceed with your case in court. Note that if you 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 significantly 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 pertain to your case.
2. Organize Your Case: Write down the facts of your case in the order they happened. This will help you present a clear and organized story to the judge.
3. Observe Court Proceedings: If possible, attend a small claims court session before your hearing date. This will give you a firsthand understanding of how small claims cases are conducted.

Hearing

When you arrive at court, report to the assigned courtroom for your case. Be punctual. When your case is called, approach the counsel table, and the judge will swear in all parties and witnesses.

Some courts might suggest or require mediation to attempt a settlement. If you reach a mediation agreement, consider requesting a "Judgment" from the court. Sample Judgment forms for small claims court can be found on the State Courts website (www.courts.wa.gov).

Don't be nervous—small claims court hearings are informal. The judge will first ask the plaintiff to present their case, followed by the defendant's explanation. Keep your statements brief and factual. The judge may ask questions, which you should answer honestly and to the best of your knowledge.

Maintain politeness towards the judge and your opponent. Do not interrupt, and remain calm regardless of the situation. Good manners and composure contribute to a fair and efficient hearing and make a positive impression.

After hearing both sides, the judge will usually announce the decision immediately and enter a judgment based on that decision.

What If a Party Doesn’t Appear at the Hearing?

If the defendant does not show up for the trial, the plaintiff will usually receive a judgment for the amount claimed, plus any costs, as long as the plaintiff can provide proof of service.

If the plaintiff fails to appear, the court will typically dismiss the claim. However, if the plaintiff can demonstrate a valid reason for their absence, the court may allow them to restart the case.

After the Judge Makes a Decision

Once the judge has heard 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, along with any costs incurred by the plaintiff and any applicable interest. The judgment will be entered into the court’s civil docket, and the clerk will provide a certified copy of the judgment to the winning party at no extra cost.

However, having a judgment does not guarantee payment. The Small Claims Court does not handle the collection of the judgment for you.

If the defendant does not pay immediately, the court may set up a payment plan. If the defendant still fails to pay, the judge may increase the judgment amount to cover enforcement costs. If the judgment is not paid within 30 days (or as set in a mediation agreement or payment plan), the winning party may need to take further steps to enforce the judgment. This could involve garnishing the defendant’s wages or bank accounts or seizing personal property.

Since court clerks cannot provide legal advice, you might need to consult an attorney or a collection agency to help with the enforcement process. The costs for these services might be added to the amount owed by the defendant.

If You Lose

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

• Appeal Limits: You cannot appeal if the amount originally claimed was less than $250. If you want 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.

To appeal, you need to follow these steps within 30 days of the judgment:

1. File a Notice of Appeal: Submit a written Notice of Appeal to the district court.
2. Serve Notice: Provide a copy of the Notice to all other parties involved.
3. Pay Transcript Fee: Pay a $20 transcript fee to the district court.
4. Deposit Filing Fees: Deposit $230 for the superior court filing fee and pay a $40 appeal preparation processing fee to the district court.
5. 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 and posting the bond, 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 then take place in the superior court.

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

Courthouse Locations:

1. Cascade Division

   Snohomish County Cascade District Court
   415 E Burke Ave.
   Arlington, WA 98223
   (425) 388-3331
   https://www.snohomishcountywa.gov/Directory.aspx?DID=74

   **BUILDING HOURS **

   • Monday - Friday 9:00 a.m. to 12:00 p.m. and 1:00 pm - 4:30 pm, except court holidays.

2. Everett Division

   Snohomish County Courthouse
   3000 Rockefeller Avenue
   Everett, WA 98201
   (425) 388-3331
   https://snohomishcountywa.gov/5960/District-Court-and-District-Court-Clerk

   **BUILDING HOURS **

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

3. Evergreen Division

   Snohomish County Evergreen District Court
   14414 179th Ave SE
   Monroe, WA 98272
   (360) 805-6776
   https://www.snohomishcountywa.gov/Directory.aspx?DID=76

   **BUILDING HOURS **

   • Monday - Friday 8:30 a.m. to 12:00 p.m. and 1:00 pm - 4:30 pm, except court holidays.

4. South Division

   Snohomish County South District Court
   20520 68th Avenue W.
   Lynnwood, WA 98036
   (425) 744-6800
   https://snohomishcountywa.gov/Directory.aspx?did=77

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 12:00 p.m. and 1:00 pm - 4:30 pm, except court holidays.