Vermont Small Claims Court Records

What Is a Small Claims Court in Vermont?

In Vermont, Small Claims Courts are courts where people can sue to recover debts of up to $5,000. That is, bringing a suit to a Small Claims Court is equivalent to giving up the right to pursue more than $5,000 in monetary damages. Small Claims Courts are part of the civil divisions of the Superior Courts. On a monthly average basis, the Vermont Judiciary recorded 455 and 353 small claims filings in 2019 and 2020, respectively.

To facilitate the resolution of disputes, the legal procedure in small claims courts is simple, inexpensive, and relaxed. Part of this procedural modification includes the permissibility of _pro se_legal representation and relaxation of the formal rules of evidence. As such, people are allowed to present their cases and arguments in court without hiring an attorney. However, persons may still hire a qualified attorney.

For a case to be eligible for a Small Claims Court hearing, it must satisfy the following conditions:

The claim does not exceed $5,000
The plaintiff wants to recover only monetary damages or debt
The case circumstances are not complicated
The plaintiff is 18 years of age or older

Generally, a party may not sue on behalf of another. However, plaintiffs who are below 18 years of age can be represented by their parents or legal guardians.

In small claims cases, individuals, businesses, and corporations may sue and be sued.

How Does the Vermont Small Claims Court Work?

In Vermont's Small Claims Courts, the term "plaintiff" refers to the suing party, while "defendant" refers to the one being sued. The maximum claim in a small claims court is $5,000; still, a person may bring a matter involving an amount more than that to a small claims court. However, by doing so, they will be giving up whatever is left above the $5,000 threshold.

Plaintiffs must bring their small claims suit in the Superior Court located in their county of residence or where the defendant resides or does business. Vermont Small Claim Courts have the power to move a suit from one court location to another where either of the litigants reside.

Certain fees are attached to filing a small claims lawsuit, including the court filing fee and the service fee. The following is the small claims fee schedule in Vermont:

Court filing fee for claims worth $1,000 or less $65
Court filing fee for claims from $1,001 to $5,000 $90
Fee for filing a counterclaim of $500 or less $25
Fee for filing a counterclaim between $501 and $5,000 $35
Fee for filing a post-judgment motion $65
Fee for filing an appeal in the civil division $120
Fee for requesting for a jury trial $10

A defendant does not have to pay a fee to file an answer to a small claims suit. However, a certain fee applies to filing a counterclaim - a claim stating that it is the plaintiff who owes the defendant.

The court provides respite for indigent parties who cannot afford the cost of filing a suit or counterclaim. To have court fees waived, interested persons will have to provide personal and financial information on the Application to Waive Filing Fees and Service Costs form and submit it to the court. This form is also available at the clerk of the court's office.

While litigants are allowed to hire attorneys in small claims cases, all parties to a case must be present at the trial. A power of attorney does not give a spouse or relative the authority to represent a litigant. Also, to avoid the risk of not receiving the notice of a hearing or trial date, the plaintiff must notify the court of a change of address in writing.

The judge's decision in a small claims case is not an order for the defendant to pay the claim. It only affirms that a party is genuinely indebted to another. To recover an awarded amount from a debtor who refused to pay willingly, the judgment creditor (the plaintiff or a defendant who won a counterclaim suit) may have to collect the judgment through the court.

Either party in a small claims case may appeal the outcome to a higher court.

How to Take Someone to Small Claims Court in Vermont

To sue a person in a Small Claims Court, the suing party (also known as the plaintiff) must follow the steps below:

Complete and submit forms: Plaintiffs must fill and file a complaints form using one of two ways. The plaintiff may obtain a copy of the form online or via the clerk's office and fill it themselves. Alternatively, the party may use an online legal aid tool known as CourtFormPrep. The tool helps litigants complete the appropriate court forms by asking them questions. After, the user can print a copy of the completed form and file it at the appropriate courthouse.

Plaintiffs must ensure that they provide clear information in the form, enough for the defendant and a judge to understand the claim. For instance, the plaintiff must provide the correct legal names and addresses of the parties being sued. To obtain the official name and address of a business, company, or other corporate entity, plaintiffs may check with the Office of the Secretary of State.

Also, specific amounts, dates, times, and events may be referenced to make the case clearer. The plaintiffs must also provide copies of documents that will help them make their case and support their claim, including contracts, warranties, receipts, and written understandings.

File the court form and documents and pay the filing fee: The next step involves submitting the completed complaint form and supporting documents at the appropriate courthouse. Plaintiffs must submit two copies of the complaint form and other supporting documents.

In addition, the plaintiff must attach a check of the applicable filing fee payable to Vermont Superior Court and a stamped self-addressed envelope with appropriate postage to return the mail to the plaintiff. The court will add the filing fee to the total claim if the plaintiffs win the case.

The court will use the attached envelope to return the documents and a signed court summons. Alternatively, plaintiffs who have registered their email address with the court may receive these documents by email with their Electronic Registration Number (ERN).

Each time plaintiffs contact the court after receiving the court documents, they must reference their case with the docket number that the court attached to the mailed or emailed documents.

Mailing the complaint form, court summons, and other documents to the defendant: Within seven days of receiving a package from the court, a plaintiff must send certain documents by first-class mail to the defendant. These documents include a signed court summons, complaint form bearing the docket number, answer form, information and instruction for the defendant, and disclosure of exempt income form.

Within 60 days of service, the plaintiff must mail a copy of the Certificate of Service to the court, proving that the defendant was served. Failure to file this form with the court is enough grounds for the court to dismiss the case. A copy of the Certificate of Service may remain with the plaintiff for personal record purposes.

Serving court papers through the sheriff: This step is only necessary if the defendant fails to file an answer 30 days after the plaintiff mails the court papers. The contact and address information of all Vermont sheriffs are available online.

Plaintiffs will incur fewer costs if they work with a sheriff. This cost will depend on the defendant's location and the number of times the sheriff tried to reach the defendant. As such, the sheriff may ask for an advance payment. The judge may add the sheriff's service fee to the award if the plaintiff wins the case. A constable may also perform service.

Once the sheriff serves the defendant, the plaintiff will receive a bill and return of service containing a list of the served documents from the sheriff's office. Any plaintiff who does not receive a Return of Service form from the sheriff's office within the permitted 60-day period must write the court for an extension. This letter must contain a reason for the extension request and the case's docket number for easy reference.

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

In Vermont, the limit of claims that may be brought to a Small Claims Court is $5,000. It is impossible to circumvent this monetary limit by splitting a claim into several suits worth $5,000 or less. However, some exceptions may apply. A judge may award an amount exceeding $5,000 to provide for the interest due on the claim while it was due but left unpaid. A losing defendant may also be made to reimburse the plaintiff for filing and service costs.

The small claims court may also award triple the claim amount against a business if it lied to the plaintiff about a product or service. Similarly, the court may award a tenant double their deposit if it finds that their landlord held onto the amount without a written reason or for more than 14 days.

How to Defend Yourself in Vermont Small Claims Court

On receiving a small claims court summons and complaint form, a defendant must file an answer with the court within 30 days, or the plaintiffs will serve them again - this time, by the sheriff - and they will bear the cost of service. A defendant's continuous refusal to file an answer after service by a sheriff may cause the court to issue a default judgment against them.

Typically, a defendant has three options to file an answer for a small claims lawsuit:

Use the answer form contained in the court documents received.
Complete the answer form online.
Use the CourtFormPrep tool to prepare an answer

The defendant must file this answer with the court and mail a copy to the plaintiff. They must also submit a Certificate of Service to show that they sent a copy of the answer to the plaintiff. Generally, a defendant has three options when responding to a lawsuit:

If the defendant agrees to the claim, they must indicate this on the answer form. A defendant also has the option to propose an installment payment arrangement that the judge must approve. However, If the plaintiff objects to this arrangement, they may file an objection in court, after which the judge will schedule a hearing.
On the contrary, if the defendant believes they do not owe part or all of the amount stated in the plaintiff's, they must indicate this in the answer form and explain the reason for this belief. Then, the court will schedule a hearing where both parties can present their arguments and evidence.
If the defendant wants to file a counterclaim against the plaintiff, they must indicate this in the answer form. By filing a counterclaim, the defendant claims that the plaintiff owes the money originally demanded. If this money is over $5,000, the party may consult a qualified attorney on whether to file such a claim in a Small Claims Court or a regular court. The filing fee applicable in a counterclaim depends on the amount of money requested by the defendant. A defendant may also apply to have their counterclaim filing fee waived

A defendant may have a source of income that qualifies to be exempt from a court judgment. In such a case, the party must file a Disclosure of Exempt Income with their answer. This will protect such income from collection should the court rule against them.

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

According to 12 V.S.A § 511 (Vermont's civil statute of limitation laws), a civil action must be brought within six years of an incident. For lawsuits concerning personal property damage, the statute of limitations is three years.

What Happens If You Don't Show Up for Vermont Small Claims Court?

If a defendant fails to file an answer within 30 days of service, plaintiffs must take certain steps within the next 60 days, or the court may dismiss their case. The plaintiff must file a Motion for Default Judgment and Affidavit with the court and mail a copy to the defendant's last known address. Plaintiffs must also file a Certificate of Service in court to prove that they have sent the motion to the defendant's last known address.

If the defendant does not respond after the above, the judge will examine the evidence provided by the plaintiff and determine if it is sufficient to issue a default judgment in favor of the plaintiff.

What are Vermont Small Claims Court Records?

In Vermont, Small Claims Court records are documents and paperwork relating to small claims lawsuits. Generally, these records are public information, and anyone interested in them may request access to them.

Where Can I Find Vermont Small Claims Court Records?

Vermont residents may request Small Claims Court records in person at the courthouse where a case was filed.

Alternatively, interested persons can retrieve basic Vermont court records online using the Vermont Judiciary's public portal. The state's judiciary provides guidelines for using this web-based application. The tool grants users access to case records, hearing schedules, and other information. Also, a user may initiate an advanced-level search by first submitting an E-services request form.

Furthermore, individuals who wish to obtain small claims case records can do so through a public records site that is privately run. Interested persons may search the database using the names of litigants or the location of the Superior Court where a case was filed and decided.