SMALL CLAIMS

TO INITIATE A SMALL CLAIMS ACTION:

• A small claims action may be brought for the recovery of money only.  The maximum amount is $5,000.  In general, the claim must be filed in the county of the defendant's residence.

• You must prepare a small claims form available from this site or in the District Court office.  Complete only the top portion.  Do not sign it until you file it with the court.

• The form must be filed in the District Court office and a $24 filing fee must be paid.  You can file the claim by mail if your signature is notarized and you send the form with the $24 filing fee.  Your copy and a service copy will be returned to you.

• The plaintiff must have the claim served on the defendant at least 10 days prior to the answer date.  Service may be done by:  The Sheriff's office, a process server, a person of legal age not connected with the case, or by certified mail, restricted delivery with a return receipt requested. You must file proof of service with the court.  

IF YOU HAVE BEEN SERVED WITH A SMALL CLAIMS ACTION:

• You can make an out-of-court settlement with the plaintiff before the answer date.  The plaintiff must then notify the Court in writing that the case has been dismissed.

• If you wish to contest all or part of the claim against you, you must file an answer with the Court before the answer date.

• If you have a claim against the plaintiff, you may file a counterclaim.  You must file the counterclaim with a $24 filing fee at the same time your answer is filed.  

• If you do not respond by the answer date on the claim form, the plaintiff may be entitled to a default judgment against you.

IF THE JUDGMENT IS NOT PAID:

To request that a transcript of an unpaid small claims judgment be entered into the civil docket of the Cowlitz County District Court please send the attached form with the $20.00 transcript fee.

ADDITIONAL INFORMATION:

For more complete information regarding small claims please visit the "Introduction to Small Claims Court"

CIVIL JURISDICTION:

District Court has jurisdiction over the following type of civil actions if the amount does not exceed $75,000:

• actions arising on a contract for the recovery of money

• actions for damages for injuries to a person 

• actions for taking, detaining or injuring personal property

• actions for an injury to real property when the suit does not involve the plaintiff's title to or possession of the real property

• actions to recover the possession of personal property

• actions for a penalty

• actions upon a bond conditioned for the payment of money

• actions on an undertaking or security bond taken by the court

• actions for damages for fraud in a sale, purchase or exchange of personal property 

• proceedings to take and enter judgment upon confession of a defendant

• proceedings to issue writ of attachment, garnishment or replevin upon goods, chattels, moneys and effects

• all other actions and proceedings in which jurisdiction is specifically granted by statute, when the title to, or right of possession of, real property is not involved.

The $75,000 amount in controversy does not include interest, costs, and attorney's fees.  RCW 3.66.020

The District Court does not provide any forms for civil proceedings.  The Court is not allowed to give any legal advice or help in completing civil forms.  You will need to research civil procedures or contact an attorney for assistance.   

CIVIL FILING FEES