How to File a Small Claims Action in Washington State

In the state of Washington, small claims law is dictated by the Revised Code of Washington (RCW) Chapters 3.66, 4.16, 4.28 and 12.40. According to RCW 3.66, "the maximum amount of money which can be recovered via Small Claims court in Washington is $5,000." Each party involved in the small claims action will present his own case in District Court. As stated in RCW 3.66.040, "Attorneys and paralegals are excluded from Small Claims Court unless the judge grants permission ahead of time." Some examples of typical small claims actions are auto accidents, tenant disputes and resolving personal debts.

Instructions

1. Go to your county clerk's office.

2. Fill out the proper paperwork to begin the small claims action. The person who files the small claims action (plaintiff) is responsible for "accurately identifying the defendant, provide a proper address and, if possible, provide a phone number" according to Washington Courts. The clerk will help you fill out the Notice of Small Claims form. According to Washington Courts, "you are required to sign the Notice in the presence of the clerk, unless otherwise instructed by the court." Once completed, the Notice of Small Claims form will state the appropriate hearing date, trial date or response date for the small claims action.

3. Serve the Notice of Small Claims to the defendant by an authorized individual no later than 10 days prior to the first hearing. The plaintiff cannot personally serve the Notice of Small Claims, but according to Washington Courts, the following individuals or methods may be used to serve the defendant:

   Someone from the Sheriff's office

   A process server

   Any person at least 18 years old that is not connected with the case either as a witness or as a party

   By mailing the copies to the defendant by registered or certified mail with a return receipt requested

Tips & Warnings

• Prepare for the hearing by collecting as much valuable information as possible to show evidence to the court regarding your particular case. Gather any written contracts, canceled checks, photographs, professional estimates or other evidence which you feel will strengthen your case. Write down your thoughts and memories about the claim before the actual hearing so nothing is forgotten when it is time to present your case to the court.

• The state of Washington can not be sued in Small Claims Court.

References

• King County District Court Services: Information About Small Claims
• Washington Courts: Who Can Sue and Be Sued?
• Washington Courts: How Do I Get Started?
• Washington Courts: Preparing for the Trial
• Washington Courts: Serving the Notice