Small Claims

This page has information to help you if you are suing someone in small claims court or being sued. Which one applies to you?

Information for People Suing Someone (Plaintiffs)

Follow the steps below to sue someone in small claims. Click on one of the headings for details.

Know the Limits in Small Claims Court - Step 1

You can only sue someone to get money in small claims cases. You cannot ask the court to order the other person to do something (like give back property). The most you can ask for is $15,000. That amount includes lawyer fees, but does not include court costs or interest.

You cannot sue a government agency or sue to evict someone. You might want advice if your case doesn’t fit these limits. See our Finding Legal Help page to learn more.

Is your case about a car accident? Keep reading for more details. If not, skip to step 2.

If someone damaged your property (like your car) in a car accident, you can also sue for injuries. If you sue for injuries you can either:

• Sue for injuries in the same small claims case, or
• File a separate case for injuries

If you file two cases, one case does not decide the other. You could win property but lose injury.

If you file two cases, only ask for property damage in the property case. Don't ask for more property damage in the injury case.

Decide Where to File - Step 2

Small claims cases are usually filed in a justice court (except in Cache County, where you file in district court). You have two options for where to file:

• where the defendant lives, or
• where the events happened

Are you suing a business? Most businesses must register with the Department of Commerce. You can use their Business Search to find where a business “lives.” This tells you which court to file in. You can also find out how to serve them (read more in Step 4 below).

Are you suing a skilled worker and do not know their address? A skilled worker is someone like a dentist, a contractor, or a beautician. Many skilled workers must also register with the Department of Commerce. Find links and search for people registered in those occupations.

How to find the right justice court
You need to file in the right justice court. File in the:

• City or town justice court if they have one, and
• County justice court, if no city or town court, and
• District court if no county court (only Cache County has none)

Use the court directory to find the right justice court.

Some cities and counties use another city or county’s justice court. If yours does, it means there is no courthouse in your city or county, but the court still exists legally. This affects where you file.

Use this table to see which cities and counties share courts, and where to file.

Once you know where to file, go to step 3.

Fill Out Forms and File - Step 3

Choose the right forms.

First, figure out if your court is using Online Dispute Resolution (ODR). ODR lets you try to resolve your case on your own time using your phone or computer. This table lists courts using ODR.

Alpine Justice Court

Box Elder County Justice Court

Carbon County Justice Court

Clearfiled Justice Court

Delta City Justice Court

Duchesne County Justice Court

East Carbon Justice Court

Emery County Justice Court

Fillmore City Justice Court

Genola Justice Court

Goshen Justice Court

Grand County Justice Court

Heber City Justice Court

Highland Justice Court

Holladay Justice Court

Iron County Justice Court

Juab County Justice Court

Lehi Justice Court

Lindon Justice Court

Millard County Justice Court

Morgan Justice Court

Murray Justice Court

Nephi City Justice Court

Orem City Justice Court

Ogden Justice Court

Payson Justice Court

Provo City Justice Court

Salt Lake City Justice Court

Salt Lake County Justice Court

Sandy City Justice Court

Santaquin Justice Court

South Salt Lake Justice Court

Sunset Justice Court

Taylorsville Justice Court

Utah County Justice Court

Wasatch County Justice Court

Washington County Justice Court

Wellington Justice Court

West Jordan Justice Court

West Valley City Justice Court

If your court is using ODR, fill out these forms:

If you can’t use ODR because of a disability, no internet access, or you don’t speak English, you can ask for a trial and skip ODR. File this form along with the forms above:

After filling out your forms, file them with the justice court.

If your court does NOT use ODR, fill out these forms:

After filling out your forms, file them with the justice court. There is a filing fee (check the cover sheet for the amount). If you cannot afford the fee you can ask for a fee waiver.

Once you have filed, go to step 4.

Serve the Papers - Step 4

When you file your papers, the clerk will process them and then give them back to you with a case number. You must have the papers served on the defendant. Keep a copy of everything you serve for your records.

If your case is not using ODR, you must have the defendant served at least 30 days before the trial.

For cases using ODR, you must have the defendant served within 120 days of filing the case.

Once you have had the papers served, file proof of service with the court. Then go to next steps.

Next Steps

For ODR Cases

Here is what happens after you file:

• The court emails you a password for ODR and a link. The court will use the email on your affidavit and summons
  • Look for an email from courtsystems@utcourts.gov
  • Check your spam folder if you do not receive an email
  • Visit odr.utcourts.gov and click “Login”
    • If you did not receive your password, click “Forgot/Reset password?”

    After you log in, wait. The defendant has 14 days after being served to log in. The day they were served is day 0 and the next day is day 1.
    

    If the defendant logs in, a court facilitator will talk to you both to help try to resolve your case. They may ask you questions. You, the defenedant, and the facilitator will all communicate via chat. One person can send messages while you are logged out. You will receive an email or a text messages that will tell you to log in when there are new messages.

    If the defendant does not log in, you can ask for a default judgment. This means asking the court to rule in your favor based on your Affidavit. Use these forms:

    If you come to an agreement, the ODR facilitator will write a settlement agreement.

    If there is no agreement, your case will be scheduled for a trial. Be sure to attend or you will lose your case automatically. Bring all evidence and explain why you should win. Read about Going to Court to help you prepare.
    

    When preparing, you might need someone to testify or give you documents. You can make someone testify or give you documents by having them served with a subpoena. Read our page on subpoenas for more information.
    

    You can ask to change the trial date if you have a good reason. File these papers:

    If the court grants your request, they will tell the other party.
    

    For Non-ODR Cases

    When you file, your case will be scheduled for a trial. Be sure to attend or you will lose your case automatically. Bring all evidence and explain why you should win. Read about Going to Court to help you prepare.

    When preparing, you might need someone to testify or give you documents. You can make someone testify or give you documents by having them served with a subpoena. Read our page on subpoenas for more information.
    

    You can ask to change the trial date if you have a good reason. File these papers:

    • Motion to Postpone Small Claims Case PDF Form | Fillable Form
    • Order on Motion to Postpone Small Claims Case PDF Form | Fillable Form

    If the court grants your request, they will tell the other party.
    

    Enforcing a Settlement Agreement

    If you came to an agreement either in ODR or before your trial, you can ask for help from the court in enforcing your settlement. Follow these steps.

    Step 1 - file these forms

    File your papers with the justice court where your case was originally filed.

    Step 2 - serve the other party

    Serve the other party with the papers you file.

    Step 3 - attend the hearing

    When you file, the court will schedule a hearing. Be sure to attend.

    If the court rules in your favor, you might get a judgment. Read about How to Collect a Judgment.

    After trial

    If you go to trial the judge will usually decide who wins immediatly. If not, they have 60 days to tell you what they decide.

    If you win, the defendant has to pay you. If they do not, see our page on How to Collect a Judgment.

    If you lose and think the judge made a mistake in your case, you can file an appeal. You must do this within 28 days of the judgment. Fill out these forms:

    Then file the forms with the court that issued the judgment. The court will charge fees for the appeal.

    The court will send your paperwork to the nearest district court within the same judicial district. The district court will schedule a trial. What happened in the first trial will not control what happens in the new trial. Bring all of your evidence and be prepared to explain why you should win.

    If you win, the judge might tell you to prepare the order. Use this form:

    Did you miss your trial?

    If you miss your trial, your case could be dismissed. If the other side filed a counterclaim, a judgment may be entered against you.

    You can ask to undo the judgment or dismissal. You must ask within 15 days after the judgment or dismissal was entered. If it has been more than 15 days, you must explain your delay.

    File these forms to ask the court to undo the dismissal or judgment:

    The court will schedule a hearing. Make sure you attend.