Small Claims Court

Small claims court is an easier, quicker, and cheaper way for you to take your claim to court.

For complete information you will want to obtain the pamphlet entitled Instructions for Plaintiff In Small Claims Cases, which is available to you free of charge at your local courthouse or online at State of Idaho Judicial Branch Court Assistance Office.

Some things you need to know before you file your claim:

• In what county should you file your claim?
  • You should file your claim in the county where the defendant resides or where the claim arose.
• If the defendant lives out-of-state?
  • You would then file your claim in the county where the claim arose.
• What is the maximum amount for a claim in a small claims court?
  • $5,000.00.

Now you are ready to file your claim in the appropriate county. The fee for filing your small claims action is $69.00. You will also need to have your summons and claim served to the defendant. If you want the sheriff to complete the service there is a $55.00 charge to do so. Otherwise you can hire your own process server or ask a friend to do it. Any adult can serve the documents as long as they are 18 or over and not a party to the action. An Affidavit of Service must be completed and notarized by the person doing the service.

When you have completed the summons, claim and letter of instruction to the sheriff, bring them along with your cash, check, money order or credit card to Murphy or Homedale for filing.

Once your claim has been filed, the sheriff has thirty days to perfect service. If service is not fulfilled, then your claim would be dismissed without prejudice (which means you can file your claim again once you locate a better service address). If service is perfected, the defendant has twenty-one days in which to file an answer. If an answer is filed, there will be a contested court trial usually scheduled within thirty (30) days. If no answer is filed a default hearing will be scheduled within thirty days.