Title 22 — Justice and Municipal Courts

In this chapter, unless the context otherwise requires, "small claims division" means a forum in justice courts in which procedures shall allow the inexpensive, speedy and informal resolution of small claims.

There is established in each justice court a division designated as the small claims division.

A. The small claims division has concurrent original jurisdiction with the justice court in all civil actions in which the debt, damage, tort, injury or value of the personal property claims either by the plaintiff or defendant does not exceed $5,000, exclusive of interest and co…

A. If any party whose rights are or may be adjudicated by an action in the small claims division, at least ten days before the time set for hearing objects to the proceedings being held in the small claims division, the action shall be transferred from the small claims division t…

A. The rules governing venue of civil actions in the justice courts govern small claims actions. B. A motion for change of venue and a motion to vacate a judgment are the only motions allowed in a small claims action. These motions shall be heard only by a justice of the peace. C…

A. The presiding judge of the superior court in the county may appoint hearing officers for small claims divisions upon recommendation of the justice of the peace. B. A hearing officer shall be of good moral character and shall be a qualified elector and resident of this state. C…

A. A designated clerk of each justice court shall provide such assistance as may be requested by any person regarding the jurisdiction, venue, pleadings or procedures of the small claims division. However, these clerks shall not engage in the practice of law. B. A designated cler…

The small claims division shall conduct hearings at such times as the justice of the peace may determine or as the supreme court may order including evening and Saturday hours.

A. Any natural person, corporation, partnership, association, marital community or other organization may commence or defend a small claims action, but an assignee or other person not a real party to the original transaction giving rise to the action may not commence an action ex…

A. In addition to any other available methods of service, the plaintiff may serve the summons and complaint by registered or certified mail. Service is deemed complete on the date of delivery of the registered or certified mail to the defendant as indicated on the return receipt …

The time in which the summons shall require defendant to answer is in all cases twenty days, commencing from the date of service.

A. On the filing of an answer by the defendant, the clerk shall set the action for hearing. The hearing shall be set for a date within sixty days of the filing of the defendant's answer. The clerk shall notify the parties of the time and place of the hearing. B. Any party failing…

A. The justice of the peace or hearing officer shall conduct the trial in such a manner to do justice between the parties and shall not be bound by formal rules of procedure, pleading or evidence except for statutory provisions relating to privileged communications. Any evidence …

A. In any action where a counterclaim is asserted and the amount involved in the counterclaim exceeds the jurisdictional amount of the small claims division, the court shall at once terminate the designation as a small claim action, and the action shall proceed in accordance with…

There is no right to a jury in the small claims division.

There shall be no appeal in a small claims procedure and the decision of the hearing officer or justice of the peace shall be final and binding on both parties.

A. The judgment by the justice of the peace or hearing officer in small claims issues shall be rendered no later than ten days from the close of the trial. B. All judgments shall be in writing and the court shall mail copies to all parties. C. The judgment shall clearly state the…

Notwithstanding section 22-212, each justice of the peace shall maintain a small claims court record in which the justice of the peace shall enter: 1. The title of all actions commenced before the justice of the peace, including names of all plaintiffs and defendants. 2. All judg…

The following fees are established pursuant to section 22-281: 1. The fee for filing a small claims complaint. 2. The fee for serving the complaint upon the defendant by registered or certified mail. 3. The fee for answering a complaint.

A. The presiding judge of the superior court or the presiding justice of the peace in each county shall publicize in an appropriate manner the existence of the small claims division, its procedures and its hours of operation. The publication shall be made so as to bring the divis…

A. At the time of judgment and on request of the prevailing party or on the judge's own initiative, the judge shall order the judgment debtor to participate in a debtor's examination hearing. The court may hold the hearing immediately after judgment or may set a date for the hear…

A. The prevailing party shall file a satisfaction of judgment in the small claims division of the justice court within thirty days after a judgment has been paid in full. B. If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing p…