RCW 12.40.010
Department authorized
—
Jurisdictional amount.
(1) In every district court there shall be created and organized by the court a department to be known as the "small claims department of the district court." The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed:
(a) Ten thousand dollars in cases brought by a natural person; or
(b) Five thousand dollars in all other cases.
(2) For the purposes of this section, "natural person" means a human being.
[
2019 c 86 s 1
;
2008 c 227 s 2
;
2001 c 154 s 1
;
1991 c 71 s 1
;
1988 c 85 s 1
;
1984 c 258 s 57
;
1981 c 331 s 10
;
1979 c 102 s 4
;
1973 c 128 s 1
;
1970 ex.s. c 83 s 1
;
1963 c 123 s 1
;
1919 c 187 s 1
; RRS s 1777-1.]
NOTES:
Effective date
—
Subheadings not law
—
2008 c 227:
See notes following RCW 3.50.003
.
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Court Congestion Reduction Act of 1981
—
Purpose
—
Severability
—
1981 c 331:
See notes following RCW 2.32.070
.
Application, savings
—
Effective date
—
Severability
—
1979 c 102:
See notes following RCW 3.66.020
.
RCW 12.40.020
Action
—
Commencement
—
Fee.
A small claims action shall be commenced by the plaintiff filing a claim, in the form prescribed by RCW 12.40.050, in the small claims department. A filing fee of thirty-five dollars plus any surcharge authorized by RCW 7.75.035
shall be paid when the claim is filed. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of thirty-five dollars plus any surcharge authorized by RCW 7.75.035
. Fifty cents of every filing fee shall be deposited into the judicial stabilization trust account created in RCW 43.79.505
and used to fund indigent defense through the office of public defense. Fifty cents of every filing fee shall be deposited into the crime victims' compensation account created in RCW 7.68.045
and used to assist crime victims.
[
2019 c 251 s 1
;
2011 1st sp.s. c 44 s 2
;
2009 c 572 s 2
;
2005 c 457 s 14
;
1990 c 172 s 3
;
1984 c 258 s 58
;
1919 c 187 s 2
; RRS s 1777-2.]
NOTES:
Effective date
—
2011 1st sp.s. c 44:
See note following RCW 3.62.020
.
Effective date
—
2009 c 572:
See note following RCW 43.79.505
.
Intent
—
2005 c 457:
See note following RCW 43.08.250
.
Effective date
—
1990 c 172:
See note following RCW 7.75.035
.
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 12.40.025
Transfer of action to small claims department.
A defendant in a district court proceeding in which the claim is within the jurisdictional amount for the small claims department may in accordance with court rules transfer the action to the small claims department. In the event of such a transfer the provisions of RCW 12.40.070
shall not be applicable if the plaintiff was an assignee of the claim at the time the action was commenced nor shall the provisions of RCW 12.40.080
prohibit an attorney from representing the plaintiff if he or she was the attorney of record for the plaintiff at the time the action was commenced.
[
2010 c 8 s 3038
;
1984 c 258 s 59
;
1970 ex.s. c 83 s 2
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 12.40.027
Removal to superior court
—
Restrictions
—
Simultaneous maintenance of claims
—
Joinder of claims on appeal.
RCW 4.14.010
regarding removal of actions to superior court shall not apply to cases originally filed in small claims court, or transferred to the small claims court pursuant to RCW 12.40.025
. No defendant or third party defendant may remove a small claims case from small claims court as a matter of right by merely filing a claim or counterclaim or other request for relief that is beyond the jurisdiction of the small claims court. Claims, counterclaims, or other requests for relief filed by a defendant or third party defendant in excess of the jurisdiction of small claims court may be maintained simultaneously in superior court as a separate action brought by such defendant or third party defendant. Such a superior court action does not affect the jurisdiction of the small claims court to hear the original small claims case. The decision of the small claims court shall have no preclusive effect on a superior court action brought pursuant to this section. If the small claims case is appealed, it shall be automatically joined with any superior court case filed pursuant to this section, and the procedures set forth in RCW 12.36.055
shall not apply.
Nothing in this section may be construed to limit the small claims court from transferring a small claims case to district court or superior court after notice and hearing.
[
1997 c 352 s 5
.]
RCW 12.40.030
Setting case for hearing
—
Notice
—
Time of trial.
Upon filing of a claim, the court shall set a time for hearing on the matter. The court shall issue a notice of the claim which shall be served upon the defendant to notify the defendant of the hearing date. A trial need not be held at the first hearing, if dispute resolution services are offered instead of trial, or local practice rules provide for a pretrial hearing.
[
2019 c 251 s 2
;
1997 c 352 s 1
;
1984 c 258 s 60
;
1981 c 330 s 3
;
1980 c 162 s 11
;
1963 c 123 s 2
;
1919 c 187 s 3
; RRS s 1777-3.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Severability
—
1981 c 330:
See note following RCW 3.62.060
.
Severability
—
1980 c 162:
See note following RCW 3.02.010
.
RCW 12.40.040
Service of notice of claim
—
Fee.
The notice of claim may be served either as provided for the service of summons or complaint and notice in civil actions as described in RCW 4.28.080
or by registered or certified mail if a return receipt with the signature of the party being served is filed with the court. No other legal document or process is to be served with the notice of claim. Information from the court regarding the small claims department, local small claims procedure, dispute resolution services, or other matters related to litigation in the small claims department may be included with the notice of claim when served.
The notice of claim shall be served promptly after filing the claim. Service must be complete at least ten calendar days prior to the first hearing.
The person serving the notice of claim shall be entitled to receive from the plaintiff, besides mileage, the fee specified in RCW 36.18.040
for such service; which sum, together with the filing fee set forth in RCW 12.40.020, shall be added to any judgment given for plaintiff.
[
2019 c 251 s 3
;
1997 c 352 s 2
;
1984 c 258 s 61
;
1981 c 194 s 3
;
1970 ex.s. c 83 s 3
;
1959 c 263 s 9
;
1919 c 187 s 4
; RRS s 1777-4.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Severability
—
1981 c 194:
See note following RCW 36.18.040
.
RCW 12.40.045
Recovery of fees as court costs.
In the event persons other than the sheriff or duly appointed deputies charge a fee for services in excess of the fees allowed under RCW 36.18.040, the prevailing party incurring such charges shall be entitled to recover as court costs only the amount of the fees for such services as provided in RCW 36.18.040
.
[
1981 c 194 s 4
.]
NOTES:
Severability
—
1981 c 194:
See note following RCW 36.18.040
.
RCW 12.40.050
Requisites of claim.
A claim filed in the small claims department shall contain: (1) The name and address of the plaintiff; (2) a sworn statement, in brief and concise form, of the nature and amount of the claim and when the claim accrued; and (3) the name and residence of the defendant, if known to the plaintiff, for the purpose of serving the notice of claim on the defendant.
[
2019 c 251 s 4
;
1984 c 258 s 62
;
1919 c 187 s 5
; RRS s 1777-5.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 12.40.060
Requisites of notice.
The notice of claim directed to the defendant shall contain: (1) The name and address of the plaintiff; (2) a brief and concise statement of the nature and amount of the claim; (3) a statement directing and requiring defendant to appear personally in the small claims department at a time certain, which shall not be less than five days from the date of service of the notice; and (4) a statement advising the defendant that in case of his or her failure to appear, judgment may be given against defendant for the amount of the claim.
[
2025 c 34 s 1
;
1984 c 258 s 63
;
1981 c 331 s 11
;
1919 c 187 s 6
; RRS s 1777-6.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Court Congestion Reduction Act of 1981
—
Purpose
—
Severability
—
1981 c 331:
See notes following RCW 2.32.070
.
RCW 12.40.070
Verification of claim.
A claim must be verified by the real claimant, and no claim shall be filed or prosecuted in the small claims department by the assignee of the claim.
[
1984 c 258 s 64
;
1919 c 187 s 7
; RRS s 1777-7.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 12.40.080
Hearing.
(1) No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case. A corporation may not be represented by an attorney-at-law or legal paraprofessional except as set forth in RCW 12.40.025
.
(2) In the small claims department it shall not be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf by witnesses appearing at trial.
(3) The judge may informally consult witnesses or otherwise investigate the controversy between the parties and give judgment or make such orders as the judge may deem to be right, just, and equitable for the disposition of the controversy.
[
1997 c 352 s 3
;
1991 c 71 s 2
;
1984 c 258 s 65
;
1981 c 331 s 12
;
1919 c 187 s 8
; RRS s 1777-8.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Court Congestion Reduction Act of 1981
—
Purpose
—
Severability
—
1981 c 331:
See notes following RCW 2.32.070
.
RCW 12.40.090
Informal pleadings.
A formal pleading, other than the claim and notice, shall not be necessary to define the issue between the parties. The hearing and disposition of the actions shall be informal, with the sole object of dispensing speedy and quick justice between the litigants. An attachment, garnishment or execution shall not issue from the small claims department on any claim except as provided in this chapter.
[
1984 c 258 s 66
;
1919 c 187 s 9
; RRS s 1777-9.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 12.40.100
Payment of monetary judgment.
If a monetary judgment or order is entered, it shall be the judgment debtor's duty to pay the judgment upon such terms and conditions as the judge shall prescribe. If the judgment is not paid to the prevailing party at the time the judgment is entered and the judgment debtor is present in court, the court may order a payment plan.
[
1984 c 258 s 67
;
1983 c 254 s 1
;
1919 c 187 s 10
; RRS s 1777-10.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Effective date
—
1983 c 254:
"This act shall take effect on January 1, 1984." [
1983 c 254 s 5
.]
RCW 12.40.105
Increase of judgment for costs and interest
—
Entry of judgment.
(1) Upon the judge's entry of judgment in a small claims action, the judgment is certified as a district court civil judgment and shall be increased by: (a) The amount specified in RCW 36.18.012
(2); (b) any post judgment interest provided for in RCW 4.56.110
and
19.52.020
; and (c) any other costs incurred by the prevailing party to enforce the judgment, including but not limited to reasonable attorneys' fees, without regard to the jurisdictional limits on the small claims department.
(2) The clerk of the small claims department shall enter the civil judgment on the judgment docket of the district court; and, if the losing party fails to pay the judgment within thirty days after such entry, garnishment, execution, and other process on execution provided by law may issue thereon.
(3) A certified copy of the district court judgment shall be provided to the prevailing party for no additional fee.
(4) If the losing party fails to pay the judgment within thirty days after entry of the judgment on the judgment docket of the district court, the prevailing party may file a transcript of the district court civil judgment or a certified copy of the district court judgment with superior courts for entry in the superior courts' lien dockets with like effect as in other cases.
[
2020 c 25 s 1
;
2019 c 251 s 5
;
2004 c 70 s 1
;
1998 c 52 s 5
;
1995 c 292 s 5
;
1983 c 254 s 2
.]
NOTES:
Effective date
—
1983 c 254:
See note following RCW 12.40.100
.
RCW 12.40.120
Appeals
—
Setting aside judgments.
No appeal shall be permitted from a judgment of the small claims department of the district court where the amount claimed was less than two hundred fifty dollars. No appeal shall be permitted by a party who requested the exercise of jurisdiction by the small claims department where the amount claimed by that party was less than one thousand dollars. A party in default may seek to have the default judgment set aside according to the civil court rules applicable to setting aside judgments in district court.
[
2019 c 251 s 6
;
1997 c 352 s 4
;
1988 c 85 s 2
;
1984 c 258 s 69
;
1970 ex.s. c 83 s 4
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 12.40.130
Satisfaction of judgment
—
Filing.
If the prevailing party receives payment of the judgment, the prevailing party shall file a satisfaction of such judgment with all courts in which the judgment was filed. If the prevailing party fails to file proof of satisfaction of the judgment, the party paying the judgment may file such notice with all courts in which the judgment was filed.
[
2019 c 251 s 7
.]
RCW 12.40.800
Small claims informational brochure
—
Preparation and distribution.
The administrator for the courts and the district and municipal court judges' association shall prepare a model small claims informational brochure and distribute the model brochure to all small claims departments in the state. This brochure may be modified as necessary by each small claims department and shall be made available to all parties in any small claims action.
[
1994 c 32 s 7
;
1988 c 85 s 3
.]