Small Claims - (10/2005) 

1. What is Small Claims Court?

• A part of  Superior Court where you can sue for amounts of up to $5000.
• The only exception to the $5000 limit is a suit brought for the return of a security deposit. In this situation ONLY, the plaintiff may sue for double the amount of the security deposit, plus accrued interest, even if the doubled amount brings the claim over the $5000 jurisdictional limit.
• You do not need an attorney.
• Magistrates (specially appointed lawyers) hear the cases.
• Simple rules of evidence apply, instead of complex rules.
• No right to appeal the outcome.
• Addresses and Telephone Numbers of Connecticut Small Claims Areas - (PDF)

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2. What issues belong in Small Claims Court?

• unpaid debts;
• breach of a written or verbal contract;
• back rent;
• return of security deposit;
• broken or damaged property;
• doctor/hospital bills for treatment of personal injuries; and,
• issues valued at less than $5000.

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• libel or slander;
• damage to your reputation;
• name calling; or,
• issues valued at more than $5000.

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• Six years - if your claim is based on a written contract
• Three years - if your claim is based on a verbal agreement
• Most statutes of limitations can be found in Chapter 926 of the Connecticut General Statutes

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• Use the court form "Small Claims Writ and Notice of Suit," JD-CV-40.
• Send in sufficient copies of the writ including the defendant's instructions.
• If you are attaching documentation, please enclose sufficient copies - one for the court and one for each party named.
• The person bringing the action is the plaintiff; the person being sued is the defendant. After judgment enters, the one who recovers the judgment is the "judgment creditor" and the one who is ordered to pay the judgment is the "judgment debtor."
• If there are more than two plaintiffs or you are suing more than two defendants, you must complete and attach sufficient copies of the JD-CV-67, "Continuation of Parties" form to the Small Claims Writ and Notice of Suit form.
• The forms are available in any court location that handles small claims cases. Find your town and the court location that handles small claims, court address and telephone number. (PDF)
• Type or legibly print (with black ink) your information on the forms.

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• Call the Secretary of the State at 860-509-6002 to find out if it is a corporation or an LLC and to get the address.
• If it is not a corporation or LLC, contact the town clerk's office where the company is located to get the name of the business owner.

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• Yes, use the exact, complete name of the person or business.
• Do not abbreviate any part of the name.
• If you leave out any part of the name, you may not be able to collect your money if you win the case.

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8. What if the defendant resides out of the state of Connecticut?

• You may file against the out-of-state resident only if he or she owns real or personal property in the state of Connecticut.

• A statement indicating that the out-of-state individual owns property must be included in the claim.

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9. Can an out-of-state individual or business file a claim in Connecticut?

• Yes, however, the individual or business may be required to attend court hearings if the defendant contests any of the proceedings or if the court determines that the business or individual's presence is necessary.

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10. What is the process if I want to sue an out-of-state corporation?

• First you must find out if the corporation has an agent for service by contacting the Secretary of the State at 860-509-6002.

• Once you file the case with the court, the paperwork will be sent back to you for service by a proper officer. Give the information to the proper officer regarding the agent for service.

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• There is a $35.00 filing fee.
• If you are required to have a proper officer serve any paperwork, the proper officer will charge you a fee pursuant to the Connecticut General Statutes.
• You must pay the court clerk with cash or a check or money order made out to "Clerk of the Superior Court." If you pay in person, you may also pay by MasterCard or Visa.
• If you hand-deliver the claim to the court, and you plan to pay with a personal check, bring a photo I.D., or your photo driver's license.
• If you win your case, the filing fee will be added to the judgment against the defendant.

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• Any small claims case may be filed at the Centralized Small Claims Office at 80 Washington Street, Hartford, CT 06106. New filings may be mailed or delivered by hand. If you wish to file at a local court, click on the link below.
• For landlord-tenant matters - at the Centralized Small Claims Office or in the court location where the property is located. Click on link below.
• For other matters, click on link below.
• Find out which small claims facility serves your town
• Addresses and Telephone Numbers of Connecticut Small Claims Areas (PDF)

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13. How do I defend against a small claims case?

• File an Answer on or before the Answer Date that appears on the Notice of Suit.
• If you disagree with the claim or the amount of money, check the box that says you disagree and explain briefly in writing why you believe you do not owe the money.
• Attach any documents that support your claim. For example, receipts, letters, contracts or leases. Submit sufficient copies for the court and the plaintiffs.
• You may also file a motion to transfer to the regular docket. See Practice Book Section 24-21.

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14. When should I file a counterclaim?

• The counterclaim must be filed on or before the Answer Date or upon the granting of a motion to open judgment.
• If you think the plaintiff owes you money, say so in the Answer and label your reasons "Counterclaim."

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15. May I request a jury trial?

• There are no jury trials in small claims.

• You may, however, request a jury trial only if you file a motion to transfer the case to the regular docket. See #13 above.

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16. Are small claims matters heard by judges?

• Small claims matters are heard and decided by Magistrates who are lawyers appointed by the Chief Court Administrator. See C.G.S. § 51-193l.

• In some cases, if the parties agree, small claims matters may be heard by a Commissioner who has been approved by the Chief Court Administrator to hear such matters. See C.G.S.§ 52-549a.

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17. How do I collect money on a judgment?

• The court does not collect the money for you, but you can request that the clerk issue an execution.

• Complete an application for wage, property or financial institution execution and file with the clerk of the court where the judgment was entered.
• The following fillable forms are available on this website: Wage - JD-CV-3;  Financial Institution - JD-CV-24;  Property - JD-CV-5.
• An execution authorizes a proper officer to attach the debtor's wages, his or her nonexempt personal property or the debtor's bank account. (This does not include real estate.)
• There is a $35.00 fee for each application for wage, property or financial institution execution.
• A judgment may be enforced up to 10 years from the date of judgment.

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18. Can I appeal the judgment?

• A judgment in small claims cannot be appealed.

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19. Could a small claims judgment against me (the judgment debtor) affect my credit rating or appear on my credit report?

• Small claims judgments are public information and could appear on your credit report, affecting your credit rating. The laws governing Consumer Credit Reports are contained in C.G.S. § 36a-695 et seq. If you need documentation to dispute an item on your credit report, you may get copies from the court file in your case for a fee of $1.00 per page at the Small Claims office where your case was decided.

• If you have a specific complaint about a Consumer Credit Reporting Agency you may make such a complaint to the Connecticut Banking Department, Consumer Credit Division, 260 Constitution Plaza, Hartford, CT 06103-1800. See C.G.S. § 36a-695.

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20. When may a judgment lien be placed on real property (real estate)?

• Pursuant to C.G.S. 52-380a, a judgment lien may be placed on the land records in the town clerk's office in the town where the real property is located when a money judgment is unpaid.

• A judgment lien certificate must be signed by the judgment creditor or the judgment creditor's attorney.
• From the time of the recording of the judgment lien certificate, the money judgment shall be a lien on the judgment debtor's interest in the real property described.
• The judgment lien shall expire twenty years after the judgment was rendered unless the party claiming the lien commences an action to foreclose it within that period of time and follows the remaining requirements of the statute. For more complete information, see C.G.S. § 52-380a.

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21. Must I advise the court when the judgment owed to me is paid in full?

• Yes. This is called a satisfaction of judgment and is a written notice that must be filed with the court when full payment has been made. See Practice Book section 24-30.

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22. Where can I get more information?

• Review the booklet, "The Small Claims Process" - JD-CV-45, available in every clerk's office that handles small claims cases. From time to time information in this booklet may change, such as fees, court locations and phone numbers. Please check this website in those specific areas to be sure that you have the most current information or contact the local small claims office.
• Ask the small claims court clerk for information. The clerk CAN give you information. The clerk CANNOT give you legal advice.
• Consult an attorney. Check the Yellow Pages or call your local Lawyer Referral Service (run by the local Bar Association). If you are a low income individual, The Statewide Legal Services of Connecticut, Inc. may be able to provide assistance. Their toll free number is 1-800-453-3320.

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23. How can I find out information on a small claims case?

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