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Small Claims

This court uses the mandatory digital Online Dispute Resolution (ODR) program.

The Small Claims cases in the Salt Lake County Justice Court are designated to settle monetary legal issues and problems arising from contractual, service disputes, and other claims.

  • The maximum amount you may sue for in a small claims action is $20,000.
  • Small Claims court is less formal, and you do not need an attorney to represent you.
  • The filing fees are due at the time you file the affidavit.
  • A small claims court allows an individual or business to be compensated by a party who has not performed according to an agreement or who has committed some wrongdoing.
  • Small Claims cases are governed by Utah Code Title 78, Chapter 6. The rules for small claims can be found in the Utah Court Rules Annotated, specifically the Utah Rules of Small Claims Procedure.
  • Small Claims Court is usually held on Tuesdays at 9:00 am.

Services

Links

How to File a Small Claims

This link will redirect you to the Utah State Courts website for detailed information on small claims cases, including filing, being sued, collections, fees, and forms.

Small Claims Information

Small Claims Fees

Fees must be paid to the Salt Lake County Justice Court at the time a document is filed or a service is provided. If you cannot afford the fee, you may file an affidavit of impecuniosity. The court clerk may accept your filing without charging the fee, but you will need to provide financial information so the court can determine whether to waive all or part of the fee.

Please note that the affidavit of impecuniosity does not waive fees charged by entities other than the court. For example, the county sheriff, constable, or private process server will charge a fee to serve papers, and the county recorder will charge a fee to record a judgment. There may be other fees as well, but the most common small claims fees are listed below.

Utah State Court's Fees

Frequently Asked Questions

Small claims cases must be filed in a justice court where the defendant lives or where the event happened. If you are serving a business, you can use the Department of Commerce's Business Search to find where a business "lives".

If the judgment debtor fails to appear at the supplemental hearing, the judge should take action to ensure their attendance. The steps taken will depend on whether the debtor was personally served with the notice for the hearing. If the debtor was personally served with either the notice of the supplemental hearing or an order to show cause, the judge has the authority to issue a bench warrant for the debtor’s arrest. Additionally, for each hearing at which the judgment debtor does not appear, the judge may increase the amount of the warrant.

In cases where the defendant fails to appear, a default judgment can be issued in favor of the plaintiff, removing the need for a recitation of facts as long as the affidavit substantiates the right to recover. However, it's essential for the plaintiff to provide a clear explanation of the monetary amount requested in the complaint. This allows the judge to assess whether the damages claimed are justified and fall within the court’s jurisdiction. Conversely, if the plaintiff does not appear, the court is likely to dismiss the case. A dismissal with prejudice should only occur if there are sufficient grounds to warrant such an action.

You are not legally obligated to hire an attorney for small claims court. The small claims process is designed for individuals to represent themselves, which means you do not need to adhere to strict court rules or formal rules of evidence. However, there are specific situations where having legal counsel or a Licensed Paralegal Practitioner (LPP) can be very helpful. If you are uncertain about how to proceed or need legal advice, you can access legal assistance through the Utah State Bar.

If you file a small claims case in the wrong court, your filing fees and court costs are usually non-refundable. If the error is noticed, the judge will typically dismiss the case "without prejudice," which means you can refile in the correct venue or jurisdiction. However, you will need to pay the filing fees again.

The court cannot provide you with legal advice. Court clerks and judges are legally prohibited from acting as your attorney, advising you on who to sue, or predicting your chances of winning. You are expected to represent yourself and present your own case.