Instructions to the Plaintiff
1. FILING SUIT: You are the plaintiff in this case and the person you are suing is the defendant. The maximum amount you may sue for is $11,000.00. Claims must be for money only. The debt must be owed to you. The Small Claims Department has jurisdiction over cases in which the defendant resides or the debt arises within the geographic boundaries of the court. You need to know the amount of the debt, what it is for, and the defendant's name, street address and telephone number. If you are suing a business, call the Department of Commerce at (801)530-4849 to obtain the business proper name and the name of its registered agent.
You must prepare the Affidavit, sign it before a notary public or court clerk. The Affidavit must be legible. You must pay a filing fee ($60.00 for claims $2,000 or less, $100.00 for claims of $2,001 to $7,500, $185 for claims of $7,501 to $11,000) at the time you file the Affidavit. If you cannot afford the filing fee, you can file a Motion to Waive Filing Fee (form available from the court). You will need to provide relevant information and the court may decide to waive the filing fee.
It is your responsibility to serve the defendant. You can serve the defendant by: mailing a copy of the Affidavit to the defendant by a method that requires the defendant to sign acknowledging receipt; or giving the Affidavit to the Sheriffs department or Constable, for service on the defendant and paying for the service.
The Affidavit must be served to defendant at least 30 calendar days before the trial date. If you serve the defendant by mail, the date of service is the date the defendant signs the receipt. If you serve the defendant by mail, you must fill out and file with the court within 10 calendar days of service and must have the original receipt by the defendant attached. If the affidavit is served by the sheriff's office or constable, the Proof of Service will be filled out by the sheriff or constable. You will need to make sure the Affidavit has been served and proof of the service has been filed wit the Court Clerk. You may also make service by publication if approved by the court on the filing of a motion. (Rule 4) 2. TRIAL: Your court date is not scheduled until valid proof of service is returned to the court. If the Defendant is an Individual (not a business) then a Military Service Declaration is required to be filed with the court before a default judgment will be given.
On the day of your trial you must have 3 copies of all evidence you wish to submit. Failure to provide 3 copies could result in your trial being continued. If the court makes copies, it will cost you .25 cents per page.
3. COUNTER AFFIDAVIT: If defendant files a Counter Affidavit against you, trial may be rescheduled. If you fail to appear at trial after a counter Affidavit has been filed, judgment may be entered against you for the amount requested in the Counter Affidavit.