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Small Claims Process and Forms

Small Claims Process and Forms

  1. To initiate a Small Claims Action in our court you must file an Affidavit of Complaint and Order and a Small Claims Application. 
  2. Once the above paperwork has been filed with the court a hearing will be set. It is the plaintiff's responsibility to bring 3 copies of any evidence they will be submitting in court.
  3. If the judgment is found in favor of the plaintiff, the plaintiff has the option to garnish the defendant's wages or bank account.
    1. If the plaintiff does not know where the defendant works or banks then the plaintiff would need to complete an Affadavit and Motion for Examination for Judgment Debtor and file it with the court. This step requires another hearing where both parties are present.
    2. Once the plaintiff knows where the defendant works or banks the plaintiff may garnish or attach the defedant's wages or bank account.
    3. To garnish/attach a defendant's bank account or wages you must file an Affadavit in Support of Writ of Garnishment in Aid of Execution and an Execution Request Form with the court.
      1. To file this paperwork, the plaintiff must have a personal check, money order or cashier's check made out to the court for $50.00, $5.00 to the employer or bank to be served and the amount of the service fee for the Sheriff's Department. It is the plaintiff's responsibility to contact the Sheriff's Department to verify the service fee.
  4. If the judgment is found in the favor of the defendant, then the case will be closed and no money will be awarded to the plaintiff.

*If an agreement is reached between the parties prior to the court date, but after the filing process, the parties may complete a Stipulation and Judgment form and file it with the court.