Action for Small Claims

(a) In all cases for the recovery of money only, where the amount claimed does not exceed the statutory limit set for a small claims action, the action may be commenced by the filing of an affidavit of complaint as set forth in Rule 89. (b) A counterclaim and/or crossclaim may be filed within 21 days of service of the affidavit of complaint. The counterclaim and crossclaim must comply with the affidavit of complaint requirements set forth in Rule 89. (c) When any counterclaim or other pleading raises any issue or claim that may not be adjudicated as a small claims action, the judge may separate the issues or claims and adjudicate those that may be resolved as a small claims action and require the other issues or claims to be filed separately in the justice court as a civil action. Where justice requires that the matters be heard together, the judge must order the entire matter be reclassified as a civil action in the justice court or transferred for adjudication in the district court. Where a case is reclassified as a civil action in the justice court, the court may require the parties to: (1) amend their pleadings to conform with the requirements for a complaint and answer in a civil action under these rules; and (2) pay the appropriate filing fees. (d) Debts owing and due to one creditor or claimant from the same person may not be severed in order to bring such claims within the jurisdiction of a small claims court. Such claims must be combined and any amount in excess of the jurisdictional limit must be waived by the plaintiff in order for such claim to be adjudicated in the small claims court. Notwithstanding the above, the court may, in its discretion, order that claims which are legally or factually dissimilar be tried separately. [Amended; effective October 29, 2024.]