How do I file a small claims case in Washington to get money owed?
In Washington a person who wants to recover money in small claims starts by filing a claim in the small claims department using the required form and paying the filing fee. After filing the court sets a hearing date and the defendant must be served with a notice telling them when to appear. Hearings are informal and the court may offer dispute resolution services instead of a trial. A judgment may follow the hearing and the court has procedures for entering default judgments if a defendant does not appear.
The process generally includes filling out the claim with a brief sworn statement of the amount and basis of the claim, providing the defendant's name and address if known, and bringing evidence to the hearing. Local small claims offices must make an informational brochure available that explains procedures and options for parties in these cases.
Current Washington law
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The deadline that matters
The notice must direct the defendant to appear at least five days after service, under Wash. Rev. Code § 12.40.060.
What Washington law says
To start a small claims action a plaintiff files a claim in the small claims department in the form prescribed by statute and pays the filing fee, under Wash. Rev. Code § 12.40.020 and content requirements for the claim are listed at Wash. Rev. Code § 12.40.050. After filing the court sets a hearing and issues a notice of claim to be served on the defendant, under Wash. Rev. Code § 12.40.030. The required contents and timing of the notice, including a statement directing the defendant to appear not less than five days from service, are in Wash. Rev. Code § 12.40.060. Small claims hearings are intended to be informal, as described in Wash. Rev. Code § 12.40.090, and courts provide informational brochures per Wash. Rev. Code § 12.40.800. Court rules address dismissal for lack of prosecution and default procedures, see CRLJ 41 and CRLJ 55 for how dismissals and default judgments may be handled, respectively: CRLJ 41 and CRLJ 55.
What to do
A common first step is to complete the small claims claim form with a brief sworn statement of the amount and basis of the claim, and the defendant's name and address if known.
A common next step is to pay the filing fee and file the claim in the court’s small claims department so the court can set a hearing date.
A common step is to serve the defendant with the court notice of claim and collect documents or other evidence to bring to the hearing.
A common option is to attend any offered dispute resolution session or the informal hearing and present the claim and supporting evidence.
If the defendant does not appear, a common step is to ask the court to enter default and seek judgment under the court’s default procedures.
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Common questions
How much does filing cost?
The statute requires payment of the court’s filing fee when the claim is filed, with the amount and any surcharges set by statute and local practice. See Wash. Rev. Code § 12.40.020.
What must the claim include?
A small claims claim must include the plaintiff’s name and address, a brief sworn statement of the nature and amount of the claim and when it accrued, and the defendant’s name and residence if known, under Wash. Rev. Code § 12.40.050.
What happens if the defendant does not show up?
If a defendant fails to appear the court may enter a default judgment or proceed under the court’s default procedures; rules about entering default and default judgments are in CRLJ 55, CRLJ 55.
Are small claims hearings formal trials?
No, small claims hearings are intended to be informal with the goal of quick resolution, as stated in Wash. Rev. Code § 12.40.090.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
