Suing and Being Sued - Small Claims

The small claims process is simple, informal, and inexpensive. Lawyers are allowed, but many people represent themselves.

In a small claims case, you can sue a person or business for up to $10,000. You give up the right to seek more than that for the claim if you choose the small claims process. And you can’t split one claim into many cases in order to get around the $10,000 limit. Consumer credit debt and medical debt are capped at $5,000 in small claims cases. 

You can only sue for money in small claims cases. That means you can't ask the judge to order the person you are suing to return property to you or let you have your job back, or do anything other than pay you. Small claims is not the right process if:

• You want to sue for more than $10,000
• You want to sue for something other than money
• Your case is very complicated
• You want a jury trial
• You want to sue for medical debt over $5,000
• You want to sue for consumer credit debt over $5,000

If any of these apply, you should file your case in the civil division of the superior court.

You must be at least 18 years old to start a small claims case. If you are under 18 or have a guardian, your parent or guardian can sue for you. You can’t sue for someone else. For example, if both you and your spouse want to sue someone, both of you have to sign all the court papers and come to the trial. Businesses may also use small claims court.

The court can’t guarantee that you will be paid if you win a small claims case. If the court ordered the other party to pay you money, you are responsible for collecting the judgment. The court does not collect the money for you. If the debtor is not in Vermont, collecting the money can be complicated. Consider talking to an attorney for help. See the Collecting a Small Claims Judgment web page for more information.

The person starting a small claims case is called the plaintiff. The person the case is filed against is called the defendant.

 

Where to File a Small Claims Case

File your completed forms with the civil division of the Superior Court  in the county where you live or where the defendant lives. See the Filing Procedures web page for more information about filing. You can find the forms in the Forms section at the bottom of this page.

 

Starting a Small Claims Case

 

Step 1:  Fill Out the Complaint Form

To get started, fill out the Small Claims Complaint (form 100-00257). You can find it in the Forms section at the bottom of this page. It includes instructions for starting a small claims case. 

Give enough information about your claims for the defendant and the judge to understand the basis for your claim. For example, if you are suing your landlord to get back a security deposit, write that you rented an apartment from the defendant, paid a security deposit, and the defendant has refused to return it to you. Include all important dates. Fill in the amount you're asking for.

If you include any documents with the complaint (for example: a contract, receipts, photographs), these are considered part of the complaint.

Keep a copy of all documents you file.

 

Step 2:  File Your Complaint with the Court and Pay the Filing Fee

Filing Your Complaint

File your completed forms with the Civil Division of the Superior Court  in the county where you live or where the defendant lives. You can file in person at the courthouse, by mail, by email, or electronically (e-file). See the Filing Procedures web page for more information about filing options.

 

Filing Fees

There is a fee to start a small claims case: 

• If the claim is for $1,000 or less, the filing fee is $65.00
• If the claim is for more than $1,000, the filing fee is $90.00

If you choose to file by email, say in your message how you plan to pay the filing fee. For example, you can ask to pay with a credit card over the phone. If you win the case, you can ask to add the filing fee to your judgment.

If you can't afford the filing fees, you can ask the court to consider waiving them. See the Application to Waive Filing Fees and Service Costs web page for more information and forms.

 

Current Contact Information

If your contact information changes, let the court know by filling out and filing the Notice of Name Change or Change of Address (form 600-00846). You must also send a copy to the other party. If you don't update your contact information with the court, you may miss important notices about the case.

 

Step 3:  Mail the Summons, Complaint, and Other Forms to the Defendant

After the court gets your documents and the filing fee, it will mail back a signed summons with your complaint. The complaint and will include your case number (sometimes called the docket number). Use the case number any time you contact the court about your case.

Once you get the packet from the court, you have seven days to send the defendant these documents by first-class mail:

• Summons signed by the court clerk
• Complaint with case number on it, including any attachments filed
• Small Claims Information and Instructions for the Defendant (form 100-00259) (in Forms section below)
• Blank Small Claims Answer (form 100-00126) (in Forms section below)
• Blank Disclosure of Exempt Income (form 100-00128) (in Forms section below)
• Completed Certificate of Service - Small Claims (form 100-00260) (in Forms section below)

Keep track of the date you mailed the complaint to the defendant. You will use this date to set certain deadlines.

Send a copy of the Certificate of Service - Small Claims to the defendant and the court. Keep a copy of the completed Certificate of Service for your records.

If the defendant does not file an answer within 30 days from the date you mailed the complaint and other papers, move on to Step 4. It is up to you to keep track of the dates.

 

Step 4:  If Defendant Does Not Answer Within 30 Days, Have the Sheriff Serve the Papers

If the defendant files an answer within 30 days, you can skip this step. The court will schedule a trial and will mail information about the date and time to you and the defendant. 

If the defendant doesn't file an answer within 30 days from the date you mailed the complaint and other papers, you must have a sheriff or constable serve the documents. ("Sheriff" in this section means either a sheriff or a constable.)

It is your responsibility to keep track of the 30 days from the date you mailed the complaint and for arranging to have the sheriff serve the papers on the defendant.

You will save money by working with the sheriff located near the defendant. You can find the contact information for every sheriff in the state online. There is no online list of contact information for all of the constables in Vermont.

Ask the sheriff how you to get the documents to them. Each sheriff has their own process. You will need to provide the sheriff these documents:

• Summons signed by the court clerk
• Complaint with case number on it, including any attachments you filed
• Small Claims Information and Instructions for the Defendant (form 100-00259) 
• Blank Small Claims Answer (form 100-00126) 
• Blank Disclosure of Exempt Income (form 100-00128) 
• Blank Return of Service form for the sheriff to fill out (unless they have one of their own) 

The cost will depend in part on how many miles the sheriff drives and how many tries the sheriff makes before finding and serving the defendant. The sheriff may ask for a deposit to cover the fee. If you have to pay a sheriff to serve the defendant and then win your case, the court may order the defendant to repay you.

Once the sheriff serves the documents on the defendant, the sheriff's office will send you a fee and a return of service listing the documents the sheriff served. The Return of Service form must be filed with the court within 60 days from the date that you first mailed the summons and complaint to the defendant or the court may dismiss your case. It is your job to keep track of the dates.

If the 60-day deadline is near and you have not received a return of service from the sheriff, you should contact the sheriff. You can ask the court for more time to serve the defendant by filing a motion. You can use the general Civil Division Motion (form 100-00053) to make the request. You can find the form at the bottom of this web page.

If the defendant does not live in Vermont, you must have them served using the process described in Rule 4(e) of the Vermont Rules of Civil Procedure (Click on Vermont Court Rules in the upper right corner. Click on Rules of Civil Procedure -> Commencement of Action -> Rule 4. Process.)

 

If You're Having Trouble Serving the Defendant

If you're having trouble serving the defendant because you think they're avoiding service or because you don't have a good address for them, you can ask the court for permission to serve them some other way. This is sometimes called alternative service. In your request to serve the defendant some other way, describe in detail what you have done to try to have the defendant served.

One alternative service option is service by publication, which is publishing a notice in a newspaper. To make the request, file a written motion. You can use the general Civil Division Motion (form 100-00053) to make the request. You can find the motion form at the bottom of this web page. In your motion, describe your efforts to have the other party served. Also provide the other party's address (if known), and the name of the newspaper of general circulation in which you propose to have the notice published and why you're proposing that newspaper.   

If the court approves your request for service by publication, contact the newspaper approved by the court and arrange to have them publish the notice. The court's order will include the text that must be published. Publish the notice in the paper for two or more successive weeks. You must have it published for the first time within 21 days of the date the court issued the order giving you permission to serve by publication. You will have to pay any fees that the newspaper charges unless the court waived your fees and costs of service. Once the time period for publishing the notice is complete, file with the court a copy of the notice and the newspaper's affidavit saying when and where the notice ran. The order may also require you to mail a copy of the order for publication if an address is known. 

 

If the Defendant Answers

After the defendant has been served, they have 30 days to answer your complaint.

• If they answer, agree they owe the money, and agree to pay it all at once, the court will issue a judgment order. There will not be a trial.
• If they answer, agree they owe the money, and propose a plan to make payments over time, the court will issue a judgment to be paid in installments. If you object to the order for installment payments, file a written objection with the court. The court will schedule a hearing about whether to allow installment payments and, if so, in what amount.
• If they answer and dispute the claim, the court will schedule a trial and mail both parties a notice with the date and time of the trial. The schedule varies from court to court; you may not receive a notice right away. See the Small Claims Trials and Appeals web page and the Going to Court web page for information about getting ready for your trial. 

 

If the Defendant Doesn't Answer

If the defendant does not answer within 30 days after being served by a sheriff, you can ask the court to enter a default judgment in your favor. You must do this within 60 days of the date the answer was due. If you don't make the request within the required timeframe, the court may dismiss your case.

To ask for a default judgment:

• Fill out and file a Motion for Default Judgment and Declaration (form 100-00262)
• Mail a copy of the motion to the defendant at their last known address
• Fill out and file a Certificate of Service - Small Claims (form 100-00260) 

In the motion, provide a complete and detailed explanation of why the defendant owes you the amount you have claimed. Include with your motion any documents supporting your claim, such as a contract, invoice, receipt, or estimate. 

The judge will review your motion and supporting documents and make a decision. If the judge grants your request, you must serve a copy of the judgment on the defendant by a sheriff or constable. 

 

Settlement

At any time during this process, the parties may try to settle the case. Some people who don't have lawyers feel uncomfortable negotiating with a lawyer. The decision whether to hire a lawyer is a personal one that only you can make. If you choose not to hire a lawyer, you should feel free to negotiate with the other party’s lawyer just as you would with the other party.

Settlement can save the parties the time, hassle, risk, and cost of a trial. Use your own judgment in negotiating a settlement. If you do settle out of court, notify the court right away. The settlement agreement should be in writing, signed by the parties, and filed with the court. The judge will decide whether to turn the agreement into a court order.

If someone sues you, you are the defendant. The person who sues you is the plaintiff.

 

Answering the Complaint

If you get a summons and complaint from the plaintiff by mail, you have 30 days from the date it was mailed to file an answer with the court. If you don't file an answer within that time, the plaintiff may have to pay a sheriff or constable to serve you. The court may then make you repay the plaintiff for those costs if the plaintiff wins the case. You can avoid that possibility by filing an answer in time.

If a sheriff or constable serves you with a summons and complaint, you have 30 days from the date you were served to file an answer with the court. If you don't file an answer within that time, the plaintiff may ask the court for a default judgment. If the judge determines the plaintiff has provided sufficient evidence to prove their claim, they may enter a default judgment against you.

You should be served with the following documents:

• Summons signed by the court clerk
• Complaint with case number on it, including any attachments filed
• Small Claims Information and Instructions for the Defendant (form 100-00259) 
• Blank Small Claims Answer (form 100-00126) 
• Blank Disclosure of Exempt Income (form 100-00128) 

You can use the blank Small Claims Answer form to respond to the Complaint. You can also find a fillable PDF version of the Small Claims Answer form at the bottom of this web page.

The answer form gives you several options:

• Agree. If you agree that you owe the money, check the “I agree” box. Then, check one of the boxes under the “Agree” box:
  • If you agree that you owe the money but you can't pay it all at once, check the box that asks for an installment judgment. Tell the court and the plaintiff how much you can pay, as well as the pay period and start date for any payments (for example, $50 per month beginning the next month). This payment schedule must be reasonable, and the court has to approve it. If the court approves the schedule but the plaintiff objects to it, the court will hold a hearing.
  • If you agree to pay the debt, you must also pay the plaintiff for the filing fee and any sheriff’s costs.
  • You should pay the plaintiff directly and keep good records of your payments.
• Disagree. If you disagree with one or more of the claims in the complaint, mark the “I disagree” box and briefly explain why you disagree. The court will schedule a small claims trial. At the trial the plaintiff will have to prove you owe the money.
• Exempt Income. Vermont law protects some income and property from being taken by creditors. These are called exemptions. Even if you agree you owe the creditor money or if the judge decides you owe the creditor money, the creditor can’t take, force you to give them, or force the sale of exempt income or property to pay a judgment.

  Read the List of Exemptions (form 100-00511) to learn about common kinds income and property that are protected from creditors. See 12 V.S.A. § 2740 for a full list of exemptions. If your income or property may be exempt from collection, mark the box. Fill out and file the Disclosure of Exempt Income (form 100-00128) and, if applicable, a Financial Disclosure (form 100-00127).

  Saying your income may be exempt is not a defense and doesn't mean you won't get a judgment against you. It does let the other party know they may not be able to collect the money from you even if the judge decides in their favor.
• Counterclaim. If you think the plaintiff owes you money, you should check the box that says “I Have a Counterclaim Against Plaintiff” on the answer form and explain your claim. A counterclaim is a legal claim by the defendant against the plaintiff in an existing case. It means you are suing the plaintiff. You can counterclaim for up to $10,000. If you believe the plaintiff owes you more than $10,000 and you choose to counterclaim in the small claims case, you give up your right to any amounts over $10,000.
  • There is a filing fee for a counterclaim. If you can't afford the filing fees, you can ask the court to consider waiving them. See the Application to Waive Filing Fees and Service Costs web page for more information and forms.
• See the Small Claims Trials and Appeals web page and the Going to Court web page for information about getting ready for your trial. 

 

Filing and Serving the Complaint

File your answer with the court. You can file by email, mail, or in person. See the Filing Procedures web page for information about filing.

You must also send a copy of your answer to the plaintiff, and fill out and file a Certificate of Service - Small Claims (form 100-00260) with the court telling the court you did that. Keep a copy of your answer for your records.

 

Current Contact Information

If your contact information changes, let the court know by filling out and filing the Notice of Name Change or Change of Address (form 600-00846). You must also send a copy to the other party. If you don't update your contact information with the court, you may miss important notices about the case.

Parties in a small claims case with elevated access can use the Public Portal to access information about their case online.

Parties must register for an account and then request elevated access. Once approved, they can see the case summary, scheduled hearings, and the documents filed in their case.

Requesting elevated access
Only parties in a case may request elevated access.

Step 1: Register for a Public Portal account.

Step 2: Complete and submit the E-Services Request for Case Party form. If you do not know your case number, contact the Information Center: 802-652-1900.

Step 3: Request "Elevated Access" in your case:

• Log in to the Public Portal
• Click the down arrow beside the person icon in the top right corner
• Select 'Request Access'
• Choose your role
• Complete the form and submit 

You will receive an email when your request for elevated access is approved. This could take several days. 

See the Public Portal User Guide for more information. Contact the Judiciary’s IT help desk for Public Portal technical support: itsupport@vtcourts.gov.