How to File a Small Claims Case

How Do You Get Started?

        Complete a Notice of Small Claim Form: the Notice requires: (1) your name and address; (2) a sworn statement briefly describing the claim, including the amount and when it occurred; and (3) the name and address of the defendant, if known.

    Take the completed form to one of the Whitman County District Court locations. You must sign the Notice in the presence of the clerk. The clerk will enter a hearing date and Pre-Trial date.

Jurisdiction:  Whitman County has jurisdiction to hear Small Claims cases where a “natural person” seeks to recover money up to $10,000 or other cases up to $5,000. The claim must be filed in the district court of the county in which the defendant/s (person being sued) resides. Exceptions can be found at RCW 3.66.040. 

How Much Does It Cost?

        You must pay the court clerk a filing fee at the time the claim is filed. The filing fee is $35.  In addition to the filing fee, you may also have to pay to serve or mail the Notice to the defendant (see below). If you win your case, you may be able to have the defendant pay the costs of filing and service.

Notifying (Serving) the Defendant

        Once the Notice of Small Claim is filed with the clerk, it must be “served” or presented to the defendant by someone other than the person who filed the claim, either by personal service or through the mail. The Notice can be served in any of the ways listed in RCW 4.28.080, including giving a copy of the Notice to the defendant or leaving it at the defendant’s usual residence with a person who is responsible enough to give it to the defendant. 

        The Notice can be served only by (1) a person over the age of 18 who is competent to be a witness and is not a party to the action, or (2) the sheriff or a deputy of the county in which the court is located. Instead of personal service, the Notice can be sent to the defendant by registered or certified mail. If the Notice is mailed, a return receipt with the signature of the party being served must be filed with the court. The defendant must be served the Notice at least 10 calendar days before the scheduled hearing. 

Note: The defendant may file a counterclaim by paying a fee, filing the claim with the court, and serving the plaintiff with notice of the counterclaim.