Guide to Small Claims Court

What is Small Claims Court? 

Small Claims Court is a department of the District Court in each county in Washington.

Small Claims Court can be a quick, cheap way to resolve disputes over money that you have with a person or business. Many Small Claims Court trials take 30 minutes or less.

You can sue for up to $10,000 in Small Claims Court. 

Except in rare cases, neither side can have a lawyer in Small Claims Court. There are also no juries, and the cases are decided by a judge or commissioner.

Small Claims Court procedures and filing fees vary by county. You can contact the court clerk to ask if they have information about how to go to Small Court Clerk, either in print or in a video.

If you need an interpreter or accommodation for a disability, try to contact the court as soon as possible to ask for help attending the hearing.

Who can I sue in Small Claims Court? 

You can sue another person or business in Washington who owes you money. 

Under RCW 3.66.100 and 3.66.040(6), you can sue a person or business who owes you money, even if they live in a different state. 

Generally, people and businesses (like property managers and repair shops) can’t have lawyers represent them in Small Claims Court. In rare cases, judges may grant exceptions.

Businesses sometimes try to get the case moved to a different court so their lawyers can represent them. If the business plans to do this, you should get notice of a hearing. At the hearing, you can tell the judge it would be unfair to move the case because you don’t have a lawyer. 

In some cases, you can sue a city or county that owes you money, but you must first file an “Administrative Claim” through the city or county itself. After filing the claim, if you’re denied, you may be able to sue in Small Claims Court. You probably must show the court clerk that you filed the Administrative Claim and were denied. 

You can’t sue Washington State (the state government) in Small Claims Court. 

What kinds of cases happen in Small Claims Court? 

Small Claims Court is only for cases about money, and for individuals with claims for $10,000 or less. For disputes over $10,000, you can’t sue in Small Claims Court. 

Businesses and corporations can also sue individuals in Small Claims Court, but only up to $5,000.

You also can’t use Small Claims Court to make someone do something, like perform a service or return property to you. Examples:

• You can’t sue in Small Claims Court for the return of a car. You may sue for the money value of the car, if it’s under $10,000.
• You can’t sue in Small Claims Court to get rehired if you’re laid off. You may sue for unpaid wages under $10,000.
• You can’t sue in Small Claims Court to make your landlord repair your stove. You may sue for money if you’ve been paying full rent for an apartment with a working stove, but you’ve only received the value of an apartment without one.
• Many tenants sue their former landlord in Small Claims Court for the return of a damage or security deposit.

How much does it cost to sue in Small Claims Court? 

When you file your Notice of Small Claim, the clerk will ask you to pay a filing fee, usually $35 or $50. If you can’t afford to pay the filing fee, you can ask the clerk for a fee waiver.

You may also have to pay to serve or mail the Notice to the other party. 

You can add these court costs to the amount you ask for in your Notice of Small Claim. If you win your case, the other party may have to pay you back for these fees and costs.

What other kinds of costs can I include in my claim? 

You can sue for costs that directly resulted from the other party’s actions. You may also sue for costs that wouldn’t have occurred if the other party had acted differently. 

Example: If someone borrows your car and damages it, you may sue for the cost to repair the car, plus you may sue for the cost of a car you had to rent while your car was getting repaired.