How do I file a small claims case in Rhode Island to recover money owed?
In Rhode Island, people commonly use the District Court small claims process to seek money owed when the claim is for $5,000 or less. The court has prescribed forms and an entry fee; the plaintiff must also file a written waiver of the right to appeal. The court may require mediation for many small claims cases.
After filing, the defendant is notified and must file a written answer by the time the court sets for answering. If the defendant does not appear, the court may enter a default judgment for the plaintiff. Counterclaims by the defendant are allowed within statutory limits.
Current Rhode Island law
Every answer cites the statute
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The deadline that matters
The defendant must file a written answer prior to or on the date set for answering under R.I. Gen. Laws § 10-16-9.
What Rhode Island law says
The small claims procedure is available for many money-only claims not exceeding $5,000 under R.I. Gen. Laws § 10-16-1. To start a small claims action a plaintiff files the court form(s) required by the District Court and pays the entry fee and technology surcharge; the claim must include a written waiver of the right of appeal as part of commencement under R.I. Gen. Laws § 10-16-4 and the District Court rules on forms and filing are set by court rule R.I. Dist. R. Small Cl. 2.02 and R.I. Dist. R. Small Cl. 1.06. The chief judge may establish mandatory mediation for many small claims cases under R.I. Gen. Laws § 10-16-5. Defendants must file an answer in writing prior to or on the date set for answering and may assert counterclaims subject to the statutory and rule limits (R.I. Gen. Laws § 10-16-9; R.I. Dist. R. Small Cl. 5.03). If a defendant fails to appear, the court may enter a default judgment (R.I. Gen. Laws § 10-16-7 and the District Court rules govern service and issuance of the summons and required documents R.I. Dist. R. Small Cl. 2.03).
What to do
A common first step is to complete the District Court small claims notice of suit and the checklist of evidence and gather documents showing the debt.
A common next step is to file the claim with the court, pay the entry fee, and include the written waiver of appeal required under R.I. Gen. Laws § 10-16-4.
A common option is to prepare to serve the defendant with the summons and required documents following the District Court rules on service R.I. Dist. R. Small Cl. 2.03.
A common step is to be ready for mandatory mediation if the case is subject to it under R.I. Gen. Laws § 10-16-5.
A common step is to be prepared to attend the hearing on the scheduled date and to respond if the defendant files a counterclaim, which the court may hear under R.I. Dist. R. Small Cl. 5.03.
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Common questions
What is the maximum amount I can ask for in Rhode Island small claims?
Many money-only claims may be brought in small claims when the amount sought does not exceed $5,000 under R.I. Gen. Laws § 10-16-1.
How much does it cost to file a small claims case?
The statute requires an entry fee of fifty-five dollars, with a portion placed in a small claims mediation account; the court also applies a technology surcharge, under R.I. Gen. Laws § 10-16-4.
Will I have to mediate my claim?
The chief judge may establish a system of mandatory mediation for most small claims actions, except certain book account claims, under R.I. Gen. Laws § 10-16-5.
What happens if the defendant does not answer or appear?
If the defendant does not appear at the time set for answering, the court may default the defendant and enter judgment for the plaintiff for the amount the court finds justly due under R.I. Gen. Laws § 10-16-7.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
