Small Claims Civil Action

Small Claims Action

A small claims action may be brought by any individual, business, partnership, or corporation (with a few exceptions) only to recover money owed. A “natural person” may file a claim for up to $10,000. A natural person is defined as a “human being,” as distinguished from a business. In all other cases, the limit is $5000.00. RCW 12.40.010.   In general, the claim must be filed in the district court of the county in which the defendant(s) reside. Exceptions and specific rules can be found at RCW 3.66.040. The State of Washington may not be sued in a small claims action. Attorneys and paralegals are excluded from appearing or participating with the plaintiff or defendant in a small claims action unless the judge grants permission.

Beginning a Small Claims Case
First, you need to prepare a Notice of Small Claim form that is provided by the district court clerk. The Notice requires: (1) your name and address; (2) a sworn statement briefly describing the claim, including the amount and when it occurred; and (3) the name and address of the defendant, if known. You must sign the Notice in the presence of the clerk unless otherwise instructed by the court. The clerk will enter a hearing date on the Notice form. The clerk may assist you with forms and general information about the process but is not allowed to give legal advice.

Note: The law imposes certain time limits, which range from one to 10 years, on filing actions. See chapter RCW 4.16 to determine which time limit applies to your type of case.

Cost of Filing A Small Claims Case

You must pay the court clerk a filing fee at the time the claim is filed. The filing fee is $50. In addition to the filing fee, you may also have to pay to serve the defendant (see below). If you win your case, you may be able to have the defendant pay the costs of filing and service.

The defendant may file a counterclaim by paying a fee, filing the claim with the court, and serving the plaintiff with notice of the counterclaim.

Serving the Other Party

Once the Notice of Small Claim is filed with the clerk, it must be “served” or presented to the defendant by someone other than the person who filed the claim, either by personal service or through the mail (there are requirements for mail that are strictly enforced). 

The Notice can be served in any of the ways listed in RCW 4.28.080, including giving a copy of the Notice to the defendant or leaving it at the defendant’s usual residence with a person who is of suitable age and discretion and resides at the same residence.

The Notice can be served only by (1) a person over the age of 18 who is competent to be a witness and is not a party to the action, or (2) the sheriff or a deputy of the county in which the court is located.

Instead of personal service, the Notice can be sent to the defendant by registered or certified mail. If the Notice is mailed, a return receipt with the signature of the party being served must be filed with the court. RCW 12.40.040. The defendant must be served the Notice at least ten calendar days before the scheduled hearing.

Ron CosteckNote From Judge Ron A. M. Costeck 

Most of the information throughout these webpages have been consolidated from information provide by AOC (Administrative Office of the Court), other insightful courts, and state statutes and modified for use in Island County.  It has been a significant period since our webpages have been updated.  We have been working hard to update the District Court webpages to provide information to our community in a format that meet the times.  To make access to the Island County Court equal and easier for all people, whether you reside on Camano Island, South Whidbey or here in Oak Harbor.  You will find downloadable brochures, checklists and forms that will assist you in understanding the process and how to access the court with your claim(s).  

If you are beginning the small claims lawsuit, below you will find a plaintiff's small claims brochure on the steps to file, a helpful checklist,  a small claims form among other helpful forms.  If you are defending a small claims lawsuit, you will find a defendant's small claims brochure, a helpful checklist, a small claims counterclaim form (if relevant) and other forms.  If any party has further questions, please do not hesitate to  contact the Island County District Court clerks.  You can contact them by calling at (360) 675-5988 or by emailing to District_Court@islandcountywa.gov.  Also, the State standard small claims brochure can be found in the helpful links below.

Remember, the courts clerks are not permitted to give legal advice on any aspect of the case.  It is against the law for them to do so.  However, they can provide copies of the below forms and answer general questions about the court scheduling and mediation process.   We have a great staff here at District Court, and they can be very helpful with general knowledge questions.

Beginning A Small Claims Civil Lawsuit - Information and Forms

Defending A Small Claims Civil Lawsuit - Information and Forms