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Can A Credit Card Company Attach Your Pay If You Own Them Money Without A Court Order


Pocket-sized Claims

Pocket-sized Claims
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Case Look-up
E-File Small Claims Matters
Forms
Frequently Asked Questions
How Small Claims Courtroom Works (JDP-CV-45)
Limited Telescopic Representation
Where to File Small Claims and Small-scale Claims Housing Matters- Pocket-size Claims Court Facility by Town (pre-10/16/17)
Where to File Pocket-size Claims and Small-scale Claims Housing Matters (effective 10/16/17)

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General Questions

  1. What is Pocket-size Claims Court?
  2. What cases belong in Small Claims Court?
  3. What cases exercise not vest in Small-scale Claims Court?
  4. How long do I have to start a small-scale claims case? (Chosen the Statute of Limitations)
  5. Can an out-of-country private or business file a claim in Connecticut?
  6. How exercise I commencement a small claims case?
  7. How much does it price to start a small claims instance?
  8. Where do I go to file a small claims example?

Suing Unlike Types of Defendants

  1. How practise I observe out if the defendant is a corporation, limited liability company (LLC), a partnership or a DBA (doing business as)?
  2. Do I have to apply the defendant'southward full name?
  3. What if the accused resides out of the state of Connecticut?
  4. What do I do if I desire to sue an out-of-state business organization entity?

Filing Fees, Courtroom Papers and Courtroom Dates

  1. Make full out Small Claims Writ and Notice of Adapt (course JD-CV-40) - Slidecast
  2. Make full out Statement of Service (Commitment) Small-scale Claims (grade JD-CV-123) - Slidecast
  3. How do I serve (deliver) a pocket-sized claims example on the defendant(s)?
  4. What happens afterward the reply appointment has passed?
  5. When is a war machine affidavit most the defendant required to go a judgment?
  6. Where can I get more than information?

Accused's Options

  1. What do I practise if I am sued in a pocket-size claims case and want to defend myself?
  2. When should I file a counterclaim?

Your Mean solar day in Court

  1. Can I have a jury trial?
  2. Are small claims cases decided by judges?
  3. What is an ODR settlement conference?

Judgment and Postal service Judgment Activity

  1. How do I collect coin if I win my case?
  2. Can I appeal the decision?
  3. Could a pocket-size claims judgment against me (the defendant/ judgment debtor) impact my credit rating or appear on my credit report?
  4. When may a judgment lien be placed on real property (existent manor)?
  5. Must I tell the court when the judgment owed to me is paid in full?

Small Claims Case Lookup

  1. How tin I find out information about a small claims case?
  2. What information can I look up on a small claims thing?

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General Questions

one. What is Small Claims Court?
  • Small Claims Courtroom is a part of Connecticut's court system where a person tin sue for money amercement only upwards to $5,000.00. That corporeality is set past state law and may change from time to fourth dimension. Y'all may also exist able to get interest and costs. You lot may be able to get more $5,000.00 if you are suing for the return of security deposit. When a tenant (renter) of a residential real estate property sues a landlord to get back a wrongfully withheld security deposit, the tenant may be awarded twice the corporeality of the security deposit even if the total amount of damages and costs, combined, is greater than $5,000.00. See sections 51-15 (d) and 47a-21 of the Connecticut General Statutes.
  • You do non demand an attorney.
  • Small claims cases are mostly heard and decided by Magistrates, who are lawyers appointed by the Chief Courtroom Ambassador. For more information, run into section 51-193l of the Connecticut General Statutes. Modest Claims cases may also be heard by judges or judge trial referees. You may come across magistrates or judges referred to every bit "judicial government."
  • Simple rules of evidence apply, instead of circuitous rules.
  • There is no transcript of the trial; information technology is not recorded.
  • There is no correct to entreatment the conclusion.
2. What cases belong in Small Claims Court?
  • back rent;
  • return of security deposit;
  • cleaved or damaged holding;
  • unpaid claims;
  • motor vehicle accidents;
  • breach of a written or verbal contract;
  • doctor/hospital bills for medical treatment;
  • other claims asking for $five,000.00 or less.

iii. What cases do not vest in Small Claims Court?

  • libel or slander;
  • damage to your reputation;
  • name calling;
  • whatsoever claims asking for more than $5,000.00 (meet #1, in a higher place, for explanation of cases in which the plaintiff may exist awarded more than $five,000.00).

iv. How long practise I have to start a small-scale claims instance? (Called the Statute of Limitations)

5. Can an out-of-state private or business concern file a claim in Connecticut?

  • Yes. Still, the private or business may be required to attend court hearings if the accused contests any of the proceedings or if the court determines that the business concern or private'due south presence is necessary.

six. How do I start a minor claims example?

  • Utilise the courtroom class Small Claims Writ and Notice of Suit (grade JD-CV-40). Type or neatly impress your data on the forms. Read the "Instructions to Plaintiff" department on form JD-CV-40 to help you complete the Modest Claims Writ and Notice of Accommodate. For more information, view the How-To Plan for filling out Pocket-sized Claims Writ and Discover of Suit (JD-CV-twoscore).
  • Forms are bachelor online or in any court location that handles small claims cases. For information on the court location that handles small claims matters for your town and the address and telephone number of the courtroom see Where to File Small-scale Claims Matters.
  • The person starting the case is chosen the plaintiff; the person existence sued is chosen the defendant. After the case is decided, the person who is awarded money is chosen the "judgment creditor" and the person who is ordered to pay the money is called the "judgment debtor."
  • If there are more than plaintiffs or defendants than will fit on the Small Claims Writ and Detect of Arrange (form JD-CV-forty), you must fill out and attach the Continuation of Parties (grade JD-CV-67) to the Small Claims Writ and Discover of Suit.
  • Your signature must be notarized. Your signature may exist notarized by the Courtroom Clerk, a Notary Public, or a Commissioner of the Superior Courtroom (whatsoever Connecticut attorney). In order to have your signature notarized, yous must sign the Small-scale Claims Writ and Notice of Conform (form JD-CV-40) in front of the person who is notarizing information technology. Y'all must also conspicuously print your name clearly and title, if y'all take a title, in the box provided. Your oath must be taken at the time you sign the form and the person who took your oath (the Clerk, a Notary, or a Commissioner of the Superior Courtroom) must also sign information technology.

7. How much does it toll to starting time a minor claims example?

  • There is a $95.00 entry (filing) fee.
  • You must pay the Court Clerk with cash, or with 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 manus-deliver the claim to the court, and you plan to pay with a personal bank check, bring a valid state issued photograph I.D., your photo driver's license; U.S. passport; or Armed services I.D.
  • If you win your case, the entry fee and your costs of service will be added to the judgment confronting the defendant.

8. Where do I become to file a small claims case?

  • Small Claims cases must exist filed in a venue (courtroom) designated by the Chief Court Administrator.
  • If you are an Individual Plaintiff, you may file in the courtroom treatment pocket-size claims matters for the urban center or town: (a) where you live, (b) where the defendant lives or where the defendant'due south concern is located, or (c) where the transaction or injury occurred.
  • If you are a Business organisation Entity, including a domestic or Usa corporation or a express liability company, yous may file in the court handling pocket-size claims matters for the city or boondocks: (a) where the accused lives, (b) where the defendant is doing concern, or (c) where the transaction or injury occurred.
  • For information on the courtroom location that handles small claims matters for your town and the address and telephone number of the court come across Where to File Small Claims Matters.
  • For landlord-tenant matters, you must file in the housing session where the property is located, if i exists. If there is no housing session for the location where the property is located, you lot must file in the judicial district where the property is located. To make up one's mind where you should file your cases, see Housing Matters - Where to File.
  • If you wish to file your example or other documents electronically, y'all must sign-up for Judicial Branch Due east-Services. Click here for more than information on East-Services.

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Suing Different Types of Defendants

9. How do I find out if the defendant is a corporation, limited liability company (LLC), a partnership or a DBA (doing business equally)?

  • Call the Secretary of the Country at 860-509-6002 to find out if it is a corporation or an LLC and to get its accost.
  • If the defendant is not a corporation or LLC, and is a DBA (doing business equally) or uses a trade name, contact the town clerk's office where the company is located to go the proper noun of the business organization possessor.

x. Practice I have to use the defendant's full name?

  • Yes. Use the verbal, consummate proper noun of the person or concern.
  • If you leave out any office of the name, yous may not be able to collect your money if you lot win the example.
  • Practise non abbreviate whatever part of the name.

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

12. What do I practice if I want to sue an out-of-state business entity?

  • First yous must find out if the business entity has an agent for service in Connecticut by contacting the Secretary of the State at 860-509-6002.
  • You must utilize a proper officeholder (for instance a country marshal) to serve (evangelize) the Minor Claims Writ and Observe of Adapt (grade JD-CV-40) on an out-of-country business entity. See List of state marshals.

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Filing Fees, Court Papers and Court Dates

13. Make full out Small Claims Writ and Find of Adjust (formJD-CV-40) - Slidecast

xiv. Fill out  Argument of Service (Commitment) Small Claims (form JD-CV-123) - Slidecast

fifteen. How do I serve (deliver) a small-scale claims case on the defendant(s)?

  • Unless you lot are hiring a proper officer (for example a land marshal) to serve (deliver) the Minor Claims Writ and Detect of Suit (Writ) (course JD-CV-40) for you, you must deliver a copy of the completed original Writ to each accused with the Instructions to Defendant (form JD-CV-121) before filing those documents with the court. See a description of acceptable commitment methods in the second role of this answer. You lot must evangelize to each defendant a copy of all the documents you want to file with the court. In other words, all attachments to the original Writ must exist delivered. After all of those documents have been delivered, complete a Statement of Service (Delivery) Minor Claims (Statement of Service) (form JD-CV-123), which explains to the court how you had the Writ delivered to each defendant that you served. And so, file the original Writ and Statement of Service for each accused, along with copies of any exhibits or attachments, and the correct entry (filing) fee. Keep a copy of all documents for your records, along with the originals of any exhibits or attachments. For more data on the Statement of Service (grade JD-CV-123), run across the following: How-To Program to fill up out Argument of Service (Delivery) Small Claims (course JD-123).
  • The plaintiff, or his or her representative, must serve (evangelize) the Pocket-size Claims Writ and Observe of Suit separately on each defendant using 1 of the 4 methods listed below, except that for each accused who is an out-of-country entity (a business concern organized under the laws of a state other than Connecticut), the plaintiff must pay a proper officeholder (for example, a state marshal) to serve the defendant as described in number 4. In that location are special requirements for service on (delivery to) out-of-state insurance companies. The requirements are in Chapter 697, Title 38a of the Connecticut General StatutesExternal Link and y'all may detect information on the Connecticut Insurance DepartmentExternal Link website.
    1. By priority mail with commitment confirmation: make full out a Small Claims Writ and Notice of Suit (Writ) (class JD-CV-xl) and attach copies of any related documents you want to file with the Writ; keep the original Writ and documents and mail service a re-create of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) to each defendant. When you have the delivery confirmation(s), complete a Statement of Service (Delivery) Small Claim (Statement of Service) (form JD-CV-123) for each defendant you lot take served. So, file the original Writ, Statement of Service and delivery confirmation for each accused, along with copies of any exhibits or attachments, and the correct entry (filing) fee.
    2. By certified mail, return receipt requested: make full out a Pocket-sized Claims Writ and Discover of Suit (Writ) (form JD-CV-40) and attach copies of any related documents y'all want to file with the Writ; keep the original Writ and documents and mail service a copy of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) to each defendant. When y'all receive the signed return receipt(south), consummate a Statement of Service (Delivery) Small-scale Claims (Statement of Service) (class JD-CV-123) for each accused y'all have served. Then, file the original Writ, Argument of Service and signed return receipt(s) (green menu) for each defendant with the court, forth with copies of any exhibits or attachments, and the correct entry (filing) fee.
    3. By a nationally recognized courier service providing delivery confirmation: fill out a Pocket-size Claims Writ and Discover of Suit (Writ) (grade JD-CV-forty) and attach copies of whatever related documents you want to file with the Writ; go on the original Writ and documents and take a copy of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) delivered to each accused. When you receive the tracking information showing delivery, complete a Statement of Service (Delivery) Pocket-sized Claims (Statement of Service) (course JD-CV-123) for each defendant you have served. And then, file the original Writ, Statement of Service and the delivery confirmation for each defendant with the courtroom, along with copies of any exhibits or attachments, and the correct entry (filing) fee.
    4. By a proper officer, for case, a marshal: fill up out a Small Claims Writ and Notice of Suit (Writ) (form JD-CV-40) and attach copies of whatever related documents you want to file with the Writ; keep a re-create of the Writ and the originals of other documents; give the original Writ with attached documents, and the Instructions to Defendant (grade JD-CV-121) to the officer to serve (deliver); later on the officer serves (delivers) the Small Claims Writ and Discover of Suit, he or she will file the original Writ and documents with the court along with his or her return of service (a written statement describing how the writ was served).
  • The Small Claims Writ and Notice of Arrange (form JD-CV-twoscore) must be returned to the court not later on than ane month after the date of service.
  • When the clerk receives the Small Claims Writ and Notice of Suit (course JD-CV-40) the clerk will set an reply date (appointment past which the defendant(s) must respond to the complaint) and volition transport a find to all plaintiffs or their representatives of the docket (instance) number and answer date. The clerk will too transport an respond course that includes the docket number and answer date to each accused at the address provided by the plaintiff.

16. What happens later on the answer appointment has passed?

  • Neither party needs to do anything at this point. The file will be reviewed by a magistrate who will decide if a conclusion can exist made without a trial or if the example needs to be scheduled for a trial.

17. When is a armed forces affidavit almost the defendant required to go a judgment?

  • If the defendant in your case is a person, you must say, nether adjuration, whether the accused is or is not in the military or naval service and how you know that. You will not be able to become a determination confronting a defendant who has not filed an reply unless you file an affirmation (a paper signed under oath) with the courtroom that states facts showing that the defendant is not in the military or naval service.
  • You lot can find out if defendant is in the military machine or naval service from the U.S. Department of Defense force - Defense Manpower Information Center past using the following website if y'all have the first and concluding name of the person and the person's engagement of nascence or the person'due south social security number. The website is: https://scra.dmdc.osd.mil/.External Link This spider web address must exist typed exactly, including the "due south" afterward the http. Yous may get a warning stating that there is a problem with this website's security certificate. This website is hosted by the U.S. Department of Defense.
  • If y'all do non know the defendant's date of nascence or social security number, you will have to find out the accused'south armed forces condition by asking a person who knows the accused well to make full out an affidavit (written statement under adjuration), or past giving the place of the defendant's full time employment in an affidavit of your own. For the affidavit, you lot can utilize court form Affidavit Concerning Military Service (grade JD-FM-178).

18. Where can I get more data?

  • Review the PDF booklet, How Small Claims Works (form JDP-CV-45), which is also available in printed class in every clerk's office that handles small-scale claims cases and in the Court Service Centers. From time to time data in this booklet may modify, such equally fees, court locations and phone numbers. Please check this website or contact the clerk'south office to be sure that you have the most current information near fees, courtroom locations and telephone numbers.
  • Enquire the court clerk for data. The clerk can give you information. The clerk cannot give you lot legal advice.
  • Talk to an attorney. Check an internet search engine, the Yellow Pages or telephone 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 help yous. Their price gratis number is 800-453-3320.
  • Legal Clinics may besides provide an opportunity to talk over your case with an attorney. Data may be establish at the Judicial Co-operative'south Legal Clinics and Help page.
  • Additional information on finding legal assist is bachelor on the Find Legal Help folio.

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Defendant'south Options

19. What do I exercise if I am sued in a small claims case and want to defend myself?

  • File an answer on or before the answer date. The answer date will appear on the Answer course sent to you by the court. Fill out the Reply form and return it by mail service, fax or hand delivery to the clerk. Transport a copy to each attorney or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff and fill up out the certification that you have washed so.
  • If you disagree with the claim or the corporeality of money, bank check the box that says you disagree and explain briefly in writing why you believe yous exercise not owe the money.
  • Adhere copies of any documents that support your merits. For example, you lot tin attach receipts, letters, contracts or leases. Exist sure that the documents you are filing exercise not incorporate personal identifying information, such as a social security number, credit carte business relationship number, bank account number or date of birth. Y'all should to omit, remove (redact), or blackness-out personal identifying information earlier filing whatsoever document unless the information is required by law or court social club.
  • You may also file a move to transfer the instance to the regular court docket, by completing a Small Claims - Motility to Transfer to the Regular Docket (class JD-CV-158). The motion must be filed according to the Connecticut Practice Book in lodge to be granted. Run across section 24-21 of the Connecticut Practice Volume. The fee is $125.00.
  • If you wish to file your respond or other documents electronically, you must sign-upwardly for Judicial Branch E-Services. For more than information on e-filing and E-Services, see E-File in Small Claims Matters.

20. When should I file a counterclaim?

  • If you want to file a counterclaim, y'all must do so on or before the answer engagement or, if a judgment was entered against you, when a motion to open up judgment is granted.
  • If y'all retrieve the plaintiff owes y'all money, you may say and so in the counterclaim.
  • In that location is a $95.00 filing fee for a counterclaim.
  • Yous must pay the courtroom clerk with greenbacks, or with a check or money guild made out to "Clerk of the Superior Court." If you pay in person, you may also pay by MasterCard or Visa.
  • If you lot hand-evangelize the counterclaim to the court, and you plan to pay with a personal check, bring a valid state issued photo I.D., your photo commuter's license; U.S. passport; or Military I.D.
  • If y'all wish to file your counterclaim or other documents electronically, yous must sign-up for Judicial Branch Due east-Services. Click here for more information on E-Services.

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Your Day in Court

21. Can I have a jury trial?

  • In that location are no jury trials in modest claims.
  • You may, however, request a jury trial if y'all file a motion to transfer the instance to the regular docket. See #19 above.

22. Are small claims cases decided past judges?

23. What is an ODR settlement briefing?

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Judgment and Post Judgment Activity

24. How do I collect money if I win my case?

  • The court does non collect the money for you lot, merely you can request that the clerk effect an execution. An execution authorizes you lot to hire a state marshal to attach a judgment debtor'south (accused's) wages, nonexempt personal property or financial institution (banking concern) account. Meet Listing of state marshals.
  • Fill out an awarding for wage, holding or fiscal establishment execution. Include exemption forms for judgment debtors (defendants) who are natural persons, and file with the court.
  • The post-obit fillable forms are available on this website.
    1. Wage Execution Proceedings - Application, Society, Execution (form JD-CV-iii)
    2. Exemption and Modification Claim Form, Wage Execution (class JD-CV-3a)
    3. Property Execution Proceedings - Awarding, Order, Execution (form JD-CV-5)
    4. Exemption Claim Grade, Property Execution (form JD-CV-5b)
    5. Financial Establishment Execution Proceedings - Judgment Debtor Who is a Natural Person, Application and Execution (course JD-CV-24)
    6. Exemption Claim Grade, Financial Establishment Execution (class JD-CV-24a)
    7. Financial Establishment Execution Proceedings Judgment Debtor Who is Not a Natural Person, Application and Execution (class JD-CV-24N)
  • An execution authorizes a state marshal to attach the judgment debtor's (defendant'southward) wages, nonexempt personal property or financial establishment business relationship. (This does not include real manor.)
  • There is a $105.00 fee for each application.
  • You can enforce a judgment up to 10 years from the date of judgment.
  • You lot may also desire to review Forms you may demand to collect on a Civil Judgment on this website.

25. Can I appeal the determination?

  • You lot cannot appeal a decision in a small claims court case.

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

27. When may a judgment lien exist placed on real property (real estate)?

28. Must I tell the courtroom when the judgment owed to me is paid in full?

  • Yes. This is chosen a satisfaction of judgment and is a written notice that must be filed with the court when full payment has been made. You must consummate a Satisfaction of Judgment (form JD-CV-164) and file information technology with the courtroom within 90 days after full payment has been made. See section 24-xxx of the Connecticut Practice Book.

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Small Claims Case Lookup

29. How can I find out information near a small claims case?

Minor Claims case information may be searched by: party proper name, docket number, and attorney/firm juris number, among other search options.
Case information for small claims matters filed with Centralized Pocket-sized Claims prior to September 1, 2017 that have not been transferred to the small claims docket in a judicial district or housing session and assigned a new docket number are available online through the Centralized Small Claims Case Look-upwardly.

Instance information for minor claims matters filed on and afterward September 1, 2017, and any cases filed prior to that date that have been transferred to the small claims docket in a judicial district or housing session are available through the Superior Court Small Claims Case Look-upwards.
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thirty. What information can I look up on a small claims thing?

You lot can view information on a small claims thing including party names, appearance information, the amount of the claim filed, any judgment entered, a listing of activity and documents filed, any scheduled hearing date, and disposition information. Documents in many small claims cases tin also exist viewed on the public website. For more than information, go to the Small Claims Session page.
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Source: https://jud.ct.gov/faq/smallclaims.html

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