Small Claims Court Limits Washington State

RCW 4.14.010 on the dismissal of claims in the Superior Court does not apply to matters originally filed in Small Claims Court or transferred to Small Claims Court under RCW 12.40.025. No defendant or third-party defendant may automatically remove a small claims case from Small Claims Court simply by filing a claim, counterclaim or other claim outside the jurisdiction of Small Claims Court. Claims, counterclaims or other relief claims brought by a defendant or third-party defendant that are not within the jurisdiction of a small claims court may be held concurrently in a superior court as a separate action from the defendant or third-party defendant. Such a preponderant action does not affect the jurisdiction of the Small Claims Court to hear the original small claims proceedings. The decision of the Small Claims Court does not preclude an action brought by a higher court under this section. If the small claims matter is appealed, it will automatically be joined to proceedings filed under this section and the procedures set out in RCW 12.36.055 will not apply. If your landlord has filed a lawsuit against you in Small Claims Court, bring any documents you have for your own defense to the court. You must show it to the owner before the pursuit begins. You can always try to come to an agreement with the landlord before the court date, either with the help of mediation or without. It`s a good idea to hire legal counsel to help you prepare. Further information and recommendations can be found in the Legal Assistance Guide. The courts will provide interpretation services to non-native speakers, whether plaintiffs or defendants.

You can ask for interpretation services on your hearing date when you file the case or when you file your response to the case when you are prosecuted. You don`t need to be a U.S. citizen to use Small Claims Court. RCW 59.18.030 states that the definition of owner includes any person designated as an agent of the owner, owner or sub-owner, including, but not limited to, an agent, resident manager or property manager. The owner of your property is the person, person or company named in the title deed. Many landlords hire property management companies to handle day-to-day rental activities. Any person appointed by the landlord as an agent can also be considered a landlord and is also responsible for meeting all obligations set out in the law. Thus, more than one person can be considered your landlord and can be brought before Small Claims Court. You can sue both the owner and the property manager or simply individually.

You must have the correct addresses for each address in order to submit. You may want to consider the location of potential owners before depositing, as their residence determines the county in which you can deposit. For example, if the property owner lives in a different county than yours, but the property manager lives in the same county, consider a lawsuit against the property manager. For more information on how to find the owner`s exact mailing address, see Your Landlord`s Search. For more detailed information on jurisdiction, court rules, or filing procedures, see chapters 3.66, 4.16, 4.28, and 12.40 of the Revised Washington Code. If you have any further questions, please contact your Small Claims Division of the District Court. You are also required to deposit a deposit equal to twice the amount of the judgment and costs or double the amount in dispute, whichever is higher, (cash or security) with the district court. If the bond is deposited with the District Court, the applicant (the person appealing the decision) may request the District Court to suspend the execution of the judgment until the appeal has been heard. Within 14 days of filing the notice of appeal, the registrar submits the court file to the higher court, which assigns a new number and informs the district court.

The District Court Clerk will provide this number to the complainant and the appellant will then have to contact the Superior Court for further instructions. How much does it cost? You must pay the clerk of the court a filing fee when you file the application. The filing fee is $35 or $50, depending on whether the county where you file the complaint supports a dispute resolution centre. You may incur additional fees payable to the sheriff or litigation server for the notice of small claims to be served on the defendant. You can also inform the defendant by registered letter or certified acknowledgment of receipt. If you win your case, you will be entitled to a refund of your registration and service fees. The following information is taken from the Small Claims Court Guide prepared by the Washington State Administrative Office of the Courts. This guide is intended to answer only the basic questions about using small claims courts. Employees of the Attorney General`s Office are prohibited from interpreting the law or providing information that could be interpreted as legal advice to persons who do not represent a state agency, board of directors or commission.

In each district court, the court establishes and organizes a division called the “Small Claims Division of the District Court”. The Small Claims Division is responsible, but not exclusively, for the recovery of funds if the amount claimed does not exceed five thousand dollars. This booklet is intended as a general explanation of the small claims procedure. For more information, see the applicable provisions of Chapters 3.66, 4.16, 4.28, 12.40, 59.18 of the Revised Washington Code (RCW) and the applicable provisions of the Civil Rules for Courts with Limited Jurisdiction, Rule 5 (CRLJ 5).