Any party can make a request to have their case heard by a jury. The request must be in writing and signed. The written request must be filed with the Small Claims Clerk’s Office before the first court date. The Court may extend the time to file the request for a jury demand upon request by the party. If the defendant wants to request a jury trial, a verified answer requesting the case to be heard by a jury must be filed on or before the first court date. A “verified answer” is an answer that the defendant has sworn to in front of a clerk or notary public.
Small Claims FAQs
The Small Claims Branch is less formal than other branches of the Court. The procedures are simple and costs kept low so that most people do not need a lawyer to represent them in their small claims case. You must be 18 years old to file a case. Someone who is under the age of 18 or an incompetent person can only sue through a "representative or next of friend". An “incompetent person” is someone who a judge believes cannot make legal decisions for him or herself. A “representative or next of friend” is a person acting for the minor child or incompetent person.
In most small claims cases, defendants are not required to file an answer, plea, or other defense(s) in writing. Instead, defendants can just tell the judge why they disagree that they owe some or all of the money the plaintiff is suing for when they are in court.
"Service of process" is how each defendant is given a copy of the statement of claim and supporting documents. You must serve most Small Claims Branch statement of claims upon the defendant(s) within sixty (60) days of filing the original statement of claim. In collection and subrogation cases only, you have 180 days to serve the defendant(s).
A motion seeking to add a new party (plaintiff, defendant, respondent) must be eFiled. If the judge grants the motion, a paper version of the amended complaint with the new party should be filed in hard copy so that a summons can issue from the clerk's office, so that the new party will be served.
If you think that another party needs to be added to your case so that the judge can hear all relevant issues, you must comply with Superior Court Rules 14 or 19 and the person(s) must be served within 100 miles from the place of the hearing or trial. SCR-Civ. 4(k)(1)(B).
The Superior Court does not collect or pay the judgment award to the winning party. The winning party must collect the money judgment that was ordered by the judge. Legal action to collect a money judgment cannot be done until ten business days after the clerk dockets or enters the judgment on its official record. If the losing party does not pay the winning party, the winning party may apply for a writ of attachment on a judgment.
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.
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.
A party can ask the judge to make a ruling or order something to be done by filing a written motion or making an oral motion in court during the trial or hearing. Usually, one side files a motion, the other side files a written response, and the court holds a hearing, where the parties give brief oral arguments. If a motion is based upon facts that are not clear to the judge from the documents previously filed by the parties, it must be in writing and filed with an affidavit or sworn testimony of the person filing the motion, his agent, or some other competent person.
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.
"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.
Through various attachments and writs. See the Landlord and Tenant Clerk for additional information, forms, and costs.
"If you are the losing party because the Court issued a default or default judgment, you may file a motion to vacate the default or default judgment. The Court issues a default judgment when you do not show up at your court date. If your wages and/or bank accounts or other properties have been “attached,” (seized or taken because of a court order) and you want to get back your property, you may file a motion to quash the writ of attachment. This motion can be added to the motion to vacate the default judgment.
When the Court is closed because of inclement weather or an emergency, hearings will be rescheduled as follows:Civil Action Cases
Trials – All parties are to appear in court when the court resumes for business unless notified otherwise by judicial staff.
All other hearings will be rescheduled for a new date and notice of the new date will be mailed to all parties.Landlord and Tenant Cases
Jury Trials Only – All parties are to appear in court when the court resumes for business unless notified otherwise by judicial staff.
If the parties reach an agreement or settlement out of court prior to the court date, the plaintiff must file a praecipe (an official form used to request the clerk or court to perform an act) asking the Court to dismiss the statement of claim and mark the case as settled. If the defendant has filed a counterclaim or other action, the defendant must also file a praecipe to dismiss his or her claim and mark the case as settled. The parties may also file their settlement agreement with the Court.
The judge decides if one party must pay the costs of the lawsuit for the other party. Your judgment can include fees paid to the Marshal and the Court. Your judgment will not include fees paid to the special process server to serve the defendant. See SCR-SC 15(a). Certain judgments include payment of interest on the amount owed. See DC Code § 15-109. The judgment interest rate is the legal or statutory rate of interest, unless the claim is based on a contract that states another rate.