Utah Small Claims

In Utah, the Justice Court system handles small claims matters as part of its role in settling minor civil disputes. The court handles these cases in a simplified way, thereby eliminating the need for full litigation or a lawyer. A good knowledge of how small claims courts operate in Utah can help individuals and entities recover money quickly and also protect their rights.

What Is a Small Claims Court in Utah?

Utah’s small claims courts make it easier for individuals and businesses to handle money-related disputes within a $20,000 limit. These courts handle cases such as unpaid bills or invoices, property damage, NSF-check claims, and security deposit disputes. Parties suing in a small claims court cannot file a claim against a government agency or ask the court to evict someone from their property.

Small Claims Court Limits in Utah

Anyone may file a small claims case if the amount sought does not exceed $20,000. This amount includes attorney’s fees but excludes court costs and interest. Small claims courts in Utah handle only monetary disputes and do not have the authority to compel a person to perform an action or return specific property.

For cases involving car accidents, individuals have two filing options. They may file a single case that includes both property damage and injury claims, or they may file separate cases for each claim. However, filing separate cases means that one claim may succeed while the other does not.

How to File a Small Claims Case in Utah

Before filing a small claims action in Utah, you must understand the applicable rules and important steps involved in resolving your case. The main steps are summarized below:

Confirm your case fits small claims

Until January 1, 2030, the maximum amount that may be collected through a small claims action in Utah is $20,000, as provided under Section 78A-8-101 of the Utah Code. In addition, you cannot sue a government agency or file an eviction case in the small claims court.

Choose the correct court and venue

It is very important to file your case in the right Justice Court in Utah. Typically, small claims cases are filed in the city, town, or county Justice Court where the defendant resides or the events occurred. Nevertheless, in Cache County, you may file your case in the District Court if there is no Justice Court with jurisdiction over the defendant’s area.

Moreover, residents of certain counties may need to file their cases in another county’s Justice Court. To identify the correct location, you may consult the Utah State Court Directory. If the defendant is a business or a licensed professional, you may determine where to file by checking the business address or looking up their professional registration online.

Start the case

In Utah, the Online Dispute Resolution (ODR) system is a digital platform offered by select courts to help parties resolve small claims cases remotely. If your court uses the ODR, you may complete the Justice Court Cover Sheet along with the ODR Small Claims Summons and Affidavit and file them in the Justice Court. Nonetheless, if the court does not use the ODR, you should complete the required forms and submit them, along with the filing fees, to the Justice Court.

Serve the papers

Once your case is filed and processed, the Court Clerk will return the affidavit and summons back to you so that the defendant may be served. After making copies, you may serve the papers on the defendants through an adult who is not a party to the case, not restricted by a protective order, and not convicted of certain sexual offenses.

Alternatively, service may be completed through the U.S. Postal Service, a commercial courier service such as UPS, or a private process server. After service, you must file a proof of service and a copy of the summons at the Justice Court. For cases using the ODR system, the defendant must be served within 120 days of filing, while in cases not using ODR, service must be completed within 30 days.

Small Claims Court in Major Utah Locations

• Salt Lake City Justice Court (Salt Lake County):This Justice Court allows filers to use the ODR system to start a small claims case. After completing the forms online, they may print and submit them in person at the John L. Baxter Courthouse, 333 S 20 E, Salt Lake City, Utah 84111.
• Utah County Justice Court (Provo/Orem area): Filers can submit a printout of the required forms, following their completion through the ODR, at 151 S University Ave, #3300, Provo, UT 84601.
• South Salt Lake Justice Court: The filing fee for a small claims lawsuit in the South Salt Lake Justice Court ranges from $60 to $185, while filing a counterclaim costs between $50 and $120.

What to Expect at a Small Claims Hearing in Utah

If you intend to resolve your case through the ODR system, you must log in within seven days of filing your case using the password and link that will be sent to you through courtsystems@utcourts.gov. The defendant, on the other hand, has 14 days to log in after being served with the paperwork. Once the defendant logs in, a facilitator will explain the process, pose questions, allow both parties to present their side of the story, and either help to finalize the case or prepare it for trial.

For cases not handled through the ODR, you should arrive at the courthouse early and ensure that your notes, evidence, and witnesses are ready. When your case is called, both you and the defendant will get a chance to present your claims and evidence before the judge or commissioner. After the hearing, the judge may issue an immediate judgment or provide a written decision later.

In accordance with Rule 12 of the Rules of Small Claims Procedure, an aggrieved party may file an appeal to the District Court and pay the required fees within 28 days after the entry of the judgment. The case is treated as a new trial and may be heard by a jury if the initial case was not tried before one.

How to Search for Small Claims Records in Utah

Utah offers both party access and public access options:

1. MyCase: If you are a party, you may use the MyCase portal to view case history, filings, and hearings in an existing small claims case.
2. Xchange: public case search: This serves as the official statewide repository for both district and justice court case information. Although access typically requires a subscription, it is available at no cost on public terminals located in most District Courthouses, some Justice Courts, and at the Utah State Law Library.
3. Requesting copies / certified records: Interested parties may submit the Request a Court Records form to the appropriate court clerk’s office to obtain certified copies of court documents, including small claims records.

A public docket shows the case number, parties, register of actions, settings, and judgment.