Starting a Small claims Case

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FILING YOUR CASE

 

1. Obtain a Small Claims Affidavit and Summons, Small Claims Military Declaration form (not needed if suing a business). You can suit for a maximum amount of $10,000.00 at a Justice Court in the State of Utah. When filing a Small Claims Affidavit and Summons you must pay filing fees

2. It is your responsibility to serve the Small Claims Affidavit and Summons to the defendant (s). 

The Small Claims Affidavit and Summons can be served by: 

a) A Sheriff, Constable, Deputy, U.S. Marshall's Deputy or by a process server. 

b) By mail which requires a signature of the defendant (s) receipt or 

c) By any person who is at least 18 years of age at the time of the service and IS NOT a party of action in the case. For more information on proper service of Small Claims documents, please visit the Utah State Courts Website. 

The defendant (s) must be served at least 30 days prior to the court date. Proof of service must be filed with the court no later than 10 business days after date of service. If the Affidavit and Summons is not served within 120 days from the filing date, the court shall dismiss the claim without prejudice.

3. A military declaration form must also be submitted to the court prior to the trail date. No military declaration form is needed if suing a business.  You can do your own research on the military status of an individual by going into The Department of Defense Service Members Civil Relief Act website.  You must print the certificate provided from the website and attach it to the military declaration form when filing it at the court.