Section 12: Small Claims

Writs

Small claims court has somewhat different rules from the Superior Courts regarding the service of small claims writs.  Small claims matters involve suits for money damages of up to $5,000, with the exception of suits for the return of a security deposit which may exceed $5,000 depending on the value of the security deposit.  The plaintiff is allowed to serve the writ by using one of four methods:

• priority mail with delivery confirmation;
• certified mail, return receipt requested;
• a nationally recognized courier service with delivery confirmation; or
• a proper officer, such as a state marshal.

Note that, as a general rule, the plaintiff does not have to hire a proper officer to make service and may utilize one of the first three service options.  An exception to this rule exists if the person being sued is an out-of-state business, corporation or limited liability company (LLC).  In such cases, the writ must be served by a proper officer.  Also note, generally a person may not sue a non-resident individual in small claims court.  There is an exception where the individual does not live in Connecticut but owns real or personal property in Connecticut and the writ contains a statement that the out-of-state individual owns property in the state.

State marshals should receive from their client the original writ and notice of suit and any documents attached to the writ, along with the Instructions to the Defendant, form JD-CV-121, with enough copies for service.  Service is made in the same manner as in any other civil action.  The state marshal must then file the originals and his or her return with the court not later than one month after the date of service.  Once the clerk receives the Small Claims Writ and Notice of Suit, the clerk will set an answer date and send notice to the plaintiff and an answer form to the defendants.  

Application for Examination of Judgment Debtor

The judgment creditor in a small claims matter may also hire a state marshal to serve an Application for Examination of Judgment Debtor in relation to an execution ordered post judgment in a small claims matter.  The state marshal should serve the application, order, notice of hearing, and subpoena on the judgment debtor at least 12 days before the hearing date.  Once service is made, the marshal must provide the client with the original petition and his or her return of service. The petition and return of service must be filed at least 6 days before the hearing date.

For more information, please read the Small Claims section, Chapter 24, in the Connecticut Practice Book.  Also the Judicial Branch has drafted a publication regarding small claims matters entitled: “How Small Claims Courts Work” JDP-CV-45, available at www.jud.ct.gov Opens in a new window Opens in a new window under the link for Publications.

Forms

The following is a list of the common forms utilized for small claims.  Note that these forms are updated frequently by the Judicial Branch.  Accordingly, it is important to verify that the most current form has been utilized.  These forms are available at the Forms section of the Judicial Branch website located at: http://www.jud.ct.gov/webforms.

JD-CV-040 Small Claims Writ and Notice of Suit

JD-CL-043 Subpoena - Civil/Housing/Small Claims/Family/Family Support Magistrate/Criminal/Motor Vehicle