Seals of the Court of Appeals and Superior Court
District of Columbia Courts

How do I file a claim against the plaintiff?

If a defendant wants to file a claim against the plaintiff in the same case, a written set-off or counterclaim must be filed, pursuant to Superior Court Rule for Small Claims 5. A set-off is a separate claim that the defendant has against the plaintiff that can be used to reduce the amount of money the defendant owes the plaintiff. If the defendant wins the set-off, the May 2011 12 amount of money the defendant wins will be subtracted from any money the defendant owes the plaintiff. If the amount of the set off is bigger than the amount of the plaintiff’s claim, the plaintiff is not required to pay any money to the defendant at the end of the case. If the defendant wants to be able to collect money from the plaintiff, the defendant must file a counterclaim. There is no filing fee for a set-off. A counterclaim is a separate claim that the defendant has against the plaintiff. With a counterclaim, the defendant can get a judgment against the plaintiff for money the plaintiff owes the defendant. A counterclaim form can be obtained from the Small Claims Clerk’s Office or on the internet at http://www.dccourts.gov/dccourts/superior/civil/forms.jsp. The cost to file a counterclaim is $10.00, unless the fee is waived by the judge.

How do I file a lawsuit in the small claims clerk's office?

You start a case by filing a statement of claim in the Small Claims Clerk's Office. The Small Claims Clerk’s Office is located in Court Building B, 510 4th Street, NW, Room 120. The party who files the case is called the plaintiff. The defendant is the person who is being sued. The statement of claim is a document that explains why the plaintiff believes the defendant owes the plaintiff money.

How do I make a request to continue my initial hearing?

A party can call the Small Claims Clerk’s Office at (202) 879-1120 to request a continuance of the initial hearing. A continuance, if granted, will delay the initial hearing until a future date. You must first call the other party and try to agree to change the date. If both parties agree on a new date, a praecipe (an official form used to request the clerk or court to perform an act) to continue the case must be filed in the Small Claims Clerk’s Office. The praecipe must request that the clerk continue the initial hearing to a specific date within 21 to 30 days and note that all parties have agreed to change the date of the hearing. The praecipe must be signed by all pro se parties and at least one lawyer, if a party has a lawyer. The parties can agree to continue the case only one time. You can get a praecipe form in the Small Claims Clerk’s Office or on the internet at https://www.dccourts.gov/services/forms. The clerk will mail a notice with the new hearing date to all parties.

How is service made upon the defendant, i.e. how do we notify the defendant that he or she is being sued?

The plaintiff is responsible for service of process upon the defendant, by the following methods: Special process server-someone at least eighteen years of age and not involved in the case; or Certified or registered mail-with a return receipt from the US Postal Service; or First-class mail-regular mail with an acknowledgment form enclosed for the defendant to sign and return to the court.

How do I prepare for court?

"All parties can bring witnesses (people who have first-hand knowledge of the case) to court to testify under oath at the hearing. If a witness will not agree to appear in court, the Court can issue a subpoena ordering the person to show up in court or give the Court documents that support the case. The subpoena must be served on the witness by a process server. The process server does not have to be approved by the Small Claims Clerk’s Office but must be over the age of 18 and cannot be a party to the case. The subpoena can be served in the District of Columbia or within 25 miles of the Court. All parties should bring to court, documents (contracts, receipts, promissory notes, letters, canceled checks, pictures or other written material) or other proof that relate to the case and all court documents filed in the Small Claims Clerk’s Office. A subpoena can also be issued to order a person to bring documents to court. There is no filing fee to issue a subpoena to a witness or to request documents. The subpoena should be issued well before the hearing date so there is time to serve it. Proof of service of the subpoena should be filed in the Small Claims Clerk’s Office, noting the manner of service, name of the person served and signed by the person who made the service, five business days before the court date. The proof of service is on the back of the subpoena form."

How may I find out the next event in my case?

If you have a civil case number, this information can be provided to you. Please bring notice of the scheduled event to court with you. If you do not have your court notice with you, report to the Quality Review Office, Room 5000, and inform the clerk of the party's name(s). The clerk will seek the information in the court's computer system and review the events with you. Or you may call (202) 879-1750.