How do I file a small claims case in Vermont to get money someone owes me?
In Vermont, small claims cases are started by filing a concise statement on a form provided by the clerk, who files the complaint in a special docket. The form and docket entry must include your contact information, the defendant’s name and address or place of business, and the nature, amount, and dates supporting your claim. The procedure is intended to be simple, informal, and less expensive than regular civil cases.
The small claims rules limit who and what the court can hear: claims must be for money only and subject to statutory jurisdictional limits, and certain types of debt (some consumer credit debt and medical debt) may be excluded from small claims jurisdiction. Defendants may file counterclaims arising out of the same transaction, and either party may request a jury under the statute’s procedures for a fee.
Current Vermont law
Every answer cites the statute
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What Vermont law says
The statute requires instituting the action without a writ or pleading other than a concise statement on a clerk’s form, which the clerk files in a docket kept for small claims actions, and attaches to the summons Vt. Stat. Ann. tit. 12, § 5532. The plaintiff must supply name, address, phone, the defendant’s name and residence or place of business, and the nature, amount, dates, and other relevant facts for the claim Vt. Stat. Ann. tit. 12, § 5533. The Supreme Court’s rules create a simple, informal, inexpensive procedure for civil actions seeking no more than $10,000, limits remedies to money damages, and preserves special jurisdictional limits and exclusions, including limits on certain consumer credit and medical debt in small claims court Vt. Stat. Ann. tit. 12, § 5531. A defendant may request a jury by filing a timely request, affidavit, and the jury fee under the statute Vt. Stat. Ann. tit. 12, § 5535. The court may, on application and for cause shown, issue writs of attachment or trustee process as in other civil actions Vt. Stat. Ann. tit. 12, § 5534.
What to do
A common first step is to fill out the clerk’s small claims form with your contact info, the defendant’s contact info, and a short statement of the claim (dates, amount, facts).
A common next step is to collect and attach documents that support the claim, such as contracts, receipts, invoices, canceled checks, texts, or emails.
A common option is to file the form with the court clerk so it is entered in the small claims docket and a summons can be issued.
A common step for defendants is to consider whether to file a written answer or a counterclaim on the same transaction, and to decide whether to request a jury with the required affidavit and fee.
A common later step is, if needed and for cause shown, to ask the court for post-judgment remedies such as writs of attachment or trustee process.
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Common questions
What kinds of claims can I bring in Vermont small claims court?
Small claims are limited to actions for money damages only, under the monetary limits set by the small claims rules; the statute also excludes certain consumer credit debt and medical debt from small claims jurisdiction.
What information must I put on the small claims form?
The plaintiff must give their name, address, phone number, the defendant’s name and residence or business, and a concise statement of the nature, amount, dates, and other relevant facts supporting the claim.
Can the defendant file a counterclaim?
Yes, a defendant may include a counterclaim arising from the same transaction; the court limits the judgment amount to the small claims jurisdictional limit even if the counterclaim requests more.
Can I get a jury trial in small claims?
A plaintiff who begins under the small claims procedure waives a jury, but the defendant may request a jury before the hearing by filing an affidavit, specifications, and the jury fee as provided in the statute.
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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.
