Title 12 — Title 12 DISTRICT COURTS—CIVIL PROCEDURE
8 chapters · 86 sections in this title.
RCW 12.40.010 Department authorized—Jurisdictional amount.
1.1K chars
(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 am…
RCW 12.40.020 Action—Commencement—Fee.
1.3K chars
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 fi…
RCW 12.40.025 Transfer of action to small claims department.
0.8K chars
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…
RCW 12.40.027 Removal to superior court—Restrictions—Simultaneous maintenance of claims—Joinder of claims on appeal.
1.4K chars
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 …
RCW 12.40.030 Setting case for hearing—Notice—Time of trial.
0.7K chars
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 ser…
RCW 12.40.040 Service of notice of claim—Fee.
1.3K chars
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 ot…
RCW 12.40.045 Recovery of fees as court costs.
0.4K chars
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 service…
RCW 12.40.050 Requisites of claim.
0.5K chars
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 …
RCW 12.40.060 Requisites of notice.
0.8K chars
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 a…
RCW 12.40.070 Verification of claim.
0.3K chars
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 …
RCW 12.40.080 Hearing.
1.2K chars
(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 corporat…
RCW 12.40.090 Informal pleadings.
0.6K chars
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, garn…
RCW 12.40.100 Payment of monetary judgment.
0.6K chars
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 p…
RCW 12.40.105 Increase of judgment for costs and interest—Entry of judgment.
1.4K chars
(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…
RCW 12.40.120 Appeals—Setting aside judgments.
0.7K chars
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 wh…
RCW 12.40.130 Satisfaction of judgment—Filing.
0.4K chars
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 ma…
RCW 12.40.800 Small claims informational brochure—Preparation and distribution.
0.4K chars
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 s…