How do I file a small claims case in Idaho to get money someone owes me?
In Idaho, small claims court handles money claims up to $5,000 in the county where the defendant lives or where the claim arose. Filing uses a court-approved complaint form and is meant to be informal so cases move quickly. The clerk provides an answer form and instructions to the defendant when the claim is served. A filing fee is collected when the claim is filed.
If the defendant does not file a signed answer within the time required, the court may enter judgment and the matter can proceed under default rules. If the defendant files an answer, the court will set the case for trial or mediation and the hearing is informal; the court may allow telephonic appearances and will make a record of proceedings.
Current Idaho law
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The deadline that matters
The defendant generally has 21 days after service to sign, complete, and file an answer.
What Idaho law says
The small claims department has jurisdiction for money claims up to $5,000 and actions must be brought in the county where the defendant resides or the cause arose, under Idaho Code § 1-2301. The clerk must provide an approved complaint, answer form, and instructions, and the complaint must state names, a brief statement of the claim and amount, time the claim accrued, and the defendant's address if known, under I.R.S.C.A. 2 and Idaho Code § 1-2305. A filing fee is collected on each claim, and the clerk must provide the defendant instructions that an answer must be filed to request a hearing, under Idaho Code § 1-2303. Default proceedings follow the Idaho Rules for Small Claims Actions and Rule 55 standards, and the court must be satisfied by the evidence before entering default judgment, under I.R.S.C.A. 4. Proceedings are informal and the court may adjourn to allow further evidence and may permit telephonic appearances, under I.R.S.C.A. 11.
What to do
A common first step is to fill out the court-approved small claims complaint form and gather documentation that supports the money owed.
A common next step is to file the complaint with the magistrate court clerk in the proper county and pay the required filing fee.
A common step is to serve the defendant with the complaint, answer form, and instructions and keep proof of service.
If the defendant files an answer, a common step is to prepare for the informal hearing or mediation the court schedules.
If the defendant does not answer within the required time, a common step is to seek a default proceeding, presenting evidence to the court to support the claim.
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Common questions
How much can I ask for in small claims?
The small claims department handles money claims up to $5,000 as set out in Idaho Code § 1-2301.
Where do I file the claim?
A claim is filed in the magistrate’s division in the county where the defendant resides or where the cause of action arose, under Idaho Code § 1-2301.
What forms do I need and where do I get them?
The court provides approved Complaint and Answer forms and instructions; the plaintiff must use the court-approved complaint form as required by I.R.S.C.A. 2.
What happens if the defendant does not answer?
If no answer is filed within 21 days after service, the court may enter judgment as provided by default rules, but the court must be satisfied by the evidence before entering default judgment, under Idaho Code § 1-2303 and I.R.S.C.A. 4.
Are small claims hearings formal trials?
No, proceedings are informal with the goal of providing quick resolution; the court may allow telephonic testimony and will make a record of the hearing, under I.R.S.C.A. 11.
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This page provides legal information about Idaho small claims procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
