How does small claims court work in Washington?
1. Jurisdictional Limit
RCW 12.40.010 caps Small Claims Department jurisdiction at $10,000 if the plaintiff is a natural person or a married couple, and $5,000 for entities (corporations, LLCs, partnerships).
2. Court Name
Small Claims Department of the District Court (each county has one or more district courts).
3. Filing Fee
The filing fee is $50 ($35 in some counties). Fee waivers are available under RCW 4.84.030 and GR 34 for indigent filers via a Motion and Declaration for Waiver of Civil Fees.
4. Filing the Claim
File a Notice of Small Claim in the district court where the defendant resides, where the obligation was incurred, or where the events occurred (RCW 12.40.020). Service is performed by the sheriff, a registered process server, or any person 18+ who is not a party (RCW 12.40.040), or by certified mail.
5. Defendant's Response
Defendants must appear on the hearing date set by the court (typically 30-90 days after filing). No written answer is required. Counterclaims must be filed at least 5 days before the hearing if exceeding $1,000.
6. Attorney Representation
RCW 12.40.080 prohibits attorneys and paralegals from appearing or participating in any small claims proceeding except (a) with the judge's express consent, or (b) where a party is itself an attorney. Both parties may agree to have attorneys with court approval.
7. Hearing
The judge or commissioner conducts an informal hearing. The Washington Rules of Evidence are relaxed (RCW 12.40.080(2)). Many courts refer cases to volunteer mediators before the hearing.
8. Judgment & Collection
Appeals go to Superior Court within 30 days for a trial de novo (RCW 12.36.020), but only if the claim exceeded $250 and the appellant was not the plaintiff (plaintiffs cannot appeal their own claim). Collection tools include writs of garnishment under RCW 6.27, writs of execution under RCW 6.17, and judgment liens recorded under RCW 4.56.190.
9. Statute of Limitations
Standard SOLs apply: 6 years for written contracts (RCW 4.16.040), 3 years for oral contracts and personal injury (RCW 4.16.080), and 3 years for property damage (RCW 4.16.080(1)).
This is legal information, not legal advice.
- Your claim exceeds $10,000 (individual) or $5,000 (entity) and must be filed in regular District Court or Superior Court
- You believe attorney representation is essential and need court approval to bring counsel into small claims
- The defendant has appealed to Superior Court, triggering a full trial de novo with formal rules
- RCW 12.40
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.