Utah Small Claims Court Records

What Is a Small Claims Court in Utah?

A Small Claims Court in Utah refers to a legal proceeding that handles minor civil cases with cash involvements or equivalent property value, not over $11,000. The Small Claims Court in Utah is the Justice Court in counties and cities across the state. Each Justice Court has a superintendent District Court that hears appeals or receives referrals of cases, including small claims.

Not all cities/counties have a resident Justice Court. However, through an interlocal agreement, suing parties can file with specified Justice Courts that serve their area of residence. A list of city and county Justice Courts is available on the Utah Court website. Some cases heard in Justice Court across the State of Utah include:

Breach of contract (oral or written)
Retrieval of money used for down payments
Property damage such as auto accidents
Loss or damage to property
Consumer complaints or faulty merchandise, or defective workmanship
Back rent claims
Security deposits
Bad check claims
Payments for service delivery

These cases represent day-to-day problems that arise among residents in the state but are not serious enough to hire representing attorneys or bear the full expenditure of a standard court case preceding. Small claims court cases get adjudicated according to the Utah Code and the Rules of Small Claims Procedure in the state.

How Do Utah Small Claims Courts Work?

Utah Small Claims Courts serve the purpose of speedy adjudication of minor civil cases, ultimately reducing the overall civil caseload on the Utah legal system. For this reason, the court system in a small claims division is informal and user-friendly with anyone wishing to get redress by the law. The law puts the monetary involvement of small claims cases at a cap of $11,000. This restriction is statutory; higher money involvements get referred to the District Court of jurisdiction.

Anyone living in the State of Utah can file a case with the Small Claims Court without the requirement for citizenship. The legal process is basic, allowing parties to self-litigate. Unless approved by the court, attorney representations are not allowed; rather, authorized employees that are non-lawyers can represent the involved party.

Filing fees are a lot lower (see the fee schedule), and the deadline for processing through the system is shorter than the regular Civil Court divisions of the State.

Almost always, small claims cases must pass through a mandatory resolution phase; if both parties fail to get a settlement, the court schedules a trial.

How to Take Someone To Small Claims Court in Utah

There are several statutory requirements for persons who need to file a small claims case in the State of Utah. By nomenclature, the party who files a claim is the plaintiff, while the person or entity being sued to pay the claim is the defendant.

Some of the statutory requirements are:

The matter to be filed must be for the recovery of money only or equivalent value in a property. Any other civil case goes to the District Court filing process.
The money involved must not exceed $11,000. It includes attorney fees but excludes court costs, service fees, and interest.
Small claims cases do not cover possession of property or tenant eviction.
The statutes of the state disallow assigned claims. It means that only the person owed the claim can file for it.
Parties may not file a claim against government agencies using the Small Claims Court procedure. They must go to the District Court to file a regular civil lawsuit.
The court that has jurisdiction of the case must be the serving unit of the county of the defendant's residence or where the claim arose. Outside this jurisdiction, the case stands to be transferred (which may incur extra administrative fees) or an outright dismissal.

Gather the documents that show the validity of the claim. Then download and complete the affidavit of small claims form. The form is available online only for online dispute resolution courts. Courts not listed in this category will require the party to make an in-person visit to pick a hard copy of the form or download it at the Court's Website. See the list of ODR subscribed courts. If the court involved uses the online dispute resolution route, the plaintiff must download the form at the Court website under the title 'forms needed by the plaintiff to file a small claims case.' The summons form accompanies the package but is not to be filled by the plaintiff.

Upon completion, submit the form and the required fees to the court office. According to the fee schedule, damages of $2000 or less cost $60 to file. Damages above $2000 and less than $7500 cost $100 to file. If they are above $7500, the party must pay a filing fee of $185.

At the court office, the clerk completes the summons based on the information in the affidavit and prepares it for service on the defendant. Part of the process entails the clerk sending a link by email to the plaintiff to sign up for an Online Dispute Resolution (ODR). The plaintiff must register on the portal within seven days of filing the affidavit and summons. If there are reasons for which the plaintiff may not take part in the program, be sure to request an exemption at the point of filing. Common reasons for exemption include disability, lack of access to the internet, or inability to speak English.

After the court clerk has prepared the papers, the next step is to serve the papers to the defendant within 120 days of filing. Filing parties do not serve papers in the state. Rather, use a private process server or a deputy sheriff/constable/private investigator. Either route attracts a fee. Process servers are mandated to file the Proof of Service with the court at most, seven days after the service. The Proof of Service is a document that a defendant must fill out, stating that they have received the service of summons. If the defendant is nowhere to be found, the plaintiff can request the court to allow an alternative route of service. Note that in-person and mail-in services are acceptable unless otherwise stated by the court.

When the defendant receives the papers, the summons document directs that they must enter an ODR within 14 days of receiving the papers. Failure to do so will lead to the entering of a default judgment against the defendant. If there is any reason for which it would not be possible, the defendant must notify the court about this and get approval for exemption, all within the time limit. Exempted parties usually get scheduled for a trial and are duly notified of the date. A defendant may request a jury trial, but it would mean that the case will get referred to the District Court of jurisdiction. It is important to get legal advice at this point.

For non-ODR compliant courts, all processing will be offline. It will require the defendants to appear at a specified date for a resolution session. Here, a trained mediator helps both parties to come to a place of settlement. Mediation is a platform for both parties to settle with the help of a neutral person. If mediation is successful, there will be no need to go to court. If it fails, the court schedules a hearing. To change the trial date, either party can file a Motion to Postpone. Motions must come in at least five days before the trial. Even then, the approval depends on the merits of the case. The party requesting postponement must also pay the other party’s costs, such as costs of trial preparation.

How Much Can You Sue For in Utah Small Claims Court?

According to the Utah legislature, all small claims cases can only claim a maximum of $11,000. It excludes court costs and interest but is inclusive of attorney fees. The claims could be in a monetary form or in terms of the value of the property to be recovered. It is possible to file multiple cases against the same defendant under the law. However, the court will accept multiple claims if each claim is distinct in its subcategory.

For example, parties can file an incident involving bodily injury and property damage in two separate claims of personal injury and property damage. Each case is adjudicated separately. Defendants can file counterclaims of the same value or higher; counterclaims get hearing at the District Court of jurisdiction and not at the Justice Court. If the plaintiff wins the case, there is no court guarantee of refunding court payments and interest.

How to Defend Yourself in Utah Small Claims Court

The service of affidavit and summons on a defendant in Utah state has serious implications. It means that the legal system of the state has summoned the party for interrogation. Therefore, defendants must take the service of affidavits and summons seriously. Before filing a response to service of affidavit and summons, check that the stated defendant's identity in the documents is accurate. If not, it is an excellent opportunity to file for a dismissal of the case.

The defendant must respond to court instructions promptly. If the court handling the case is ODR compliant, then parties must attend a mandatory resolution session as listed in the summons. Defendants stand a good chance of overturning a case in court if they are organized. Gather all documents and evidence relevant to the case. Contact witnesses, if any, and speak to them about coming to testify in court. If they are unwilling, request subpoenas from the court to serve them.

In a Small Claims Court, cases with expired statute of limitations get dismissed without prejudice. Concerning this, defendants may check if the case is still active. Defendants must prepare to present their case boldly and clearly. An earlier interaction with an attorney may help in preparing a defendant to appear in court. If the defendant thinks that a jury trial will increase their chances of overturning the case, they may request well ahead of the court date. However, the defendant must back up the request with reason.

A defendant can fight a case in court by filing a counterclaim. In a counterclaim, the defendant presents an allegation against the plaintiff. In response, the court moves the case to the District Court of jurisdiction. Here, the stakes are higher, and the process is more complex. However, it puts the defendant in a position to get expert court representation of an attorney, thus increasing their chances of a favorable hearing.

If the outcome does not favor the defendant, they may file an appeal within 30 days of the judgment. The court of current jurisdiction receives this filing as a trial de novo. Although there are no new affidavits or forms to fill, the case gets forwarded to the District Court of jurisdiction. Whatever the outcome of the trial becomes permanent and cannot be appealed further.

How Long Do You Have to Take Someone to Small Claims Court in Utah?

Per the statute of limitations, applicable time limits to each small claims case can get complicated. Consult an attorney before taking steps. According to state laws, the statute of limitations starts to count down from the date of claim. Claim here means the date of the injury or loss. It could also mean the date when the suing party discovered the harm or injury. For injured parties less than 18 years of age, the time counts when they reach 18 years. Also, the court may overrule any motion to dismiss the case if there is proof that the defendant has been evading the legal system on the case until the expiry of the statute of limitations. According to the state legislature, some of the time limits for civil cases are as listed below:

Personal injury: four years
Damage to personal property: three years
Trespass or injury to real estate: three years
Libel or slander: one year
Contract Agreement: four years for oral contracts, six years for written contracts
Retrieval of rent: one year
Collection of money judgments: eight years

What Happens if You Don’t Show up for Utah Small Claims Court?

Any party that cannot appear at trial after receiving notice is in default and will eventually lose the case. A claim by a non-appearing plaintiff will result in a dismissal. A claim against a non-appearing defendant will lead to the entry of a default judgment that mandates the payment of the amount claimed by the plaintiff. Persons may appeal dismissals or default judgments within 30 days of the ruling.

What are Utah Small Claims Court Records?

Utah Small Claims Courts records are court-generated accounts of small claims cases that have passed through the state’s legal system. A summary document will provide information about the names of the involved parties, their contact addresses, the amount of the claim, and the court ruling on the case. Other supporting documents comprise those leading up to a court hearing, such as affidavits and summons, filing receipts, subpoenas, court schedules, transcripts of proceedings, and documentations from resolution sessions.

Where Can I Find Utah Small Claims Court Records?

Interested parties can find Utah Small Claims Court records at the Justice Court of jurisdiction, i.e., the court that filed or heard the case. At the Court Clerk's office, the filing system allows interested parties to walk in to request inspection, or copies of a record, having provided identifying information. Such identifying information includes the case file number, filing date, name (s) of the involved parties, and the court address.

Interested parties can also access Utah Court records including small claim court records by visiting Utah Courts’ online resource web page, Xchange. Xchange is a repository of District and Justice Court case information. It is a fee-based subscription service, which means that it requires users to pay a small fee to access information. On Xchange, users can access information such as names of involved parties and their addresses, judges assigned to the case, filed documents, hearings previously held, judgment entries, and completed case outcomes. Parties can access the repository remotely using compatible devices and internet connections. Otherwise, visit the District Court locations and use the public service terminals available at the premises. All documents are deemed private under the law and not accessible on the website.