What Is a Small Claims Court in Idaho?
Small Claims Courts in Idaho are courts of limited jurisdiction that handle minor civil lawsuits that involve claims of not more than $5000. Small Claims Courts in Idaho are subdivisions of District Courts across the state. The courts hear various cases, including:
- Recovery of money deposits
- Wrongful possession of personal property
- Professional malpractice
- Libel or slander
- Assigned claims
- Punitive damages
The courts hear some other cases besides these. However, the distinguishing feature is that they are all lawsuits that can get resolved quickly through an informal process while maintaining a Court of Justice decorum. Self litigation or a non-attorney delegation is the rule of court appearances and hearings for involved parties. Small Claims Courts do not hold jury trials. Rather, magistrates preside and decide over cases.
How Do Idaho Small Claims Court Work?
The Small Claims Court in Idaho, otherwise known as the People's Court, runs an efficient, informal process of adjudicating disputes between residents in the community. The Small Claims Court system operates by the Idaho Rules of Small Claims Action of the state. At the court, the filing party is the plaintiff, while the sued party is the defendant. Plaintiff here could mean an individual, association, partnership, or corporation. A party can disqualify an assigned magistrate from presiding if there is evidence of bias. The court may adjudicate multiple cases in a single hearing, provided they are related. Counterclaims are not permitted, but defendants can file a separate case with the court. If the defendant files a suit with the District Court arising from an existing Small Claims case, the magistrate refers the whole package to the District Court for hearing.
Lawyers are not allowed to represent parties in a Small Claims Court. Rather, parties appear pro se or may assign authorized non-attorney employees. Authorized employees must be at least 18 years old.
How to Take Someone To Small Claims Court in Idaho
Taking someone to a Small Claims Court in Idaho begins with defining who qualifies to sue in the Small Claims Courts of the state. A suing entity may be a natural person, a business partnership, or a limited liability corporation. The representing party must meet the requirements of maturity by law, that is, 18 years.
Understanding the case is the most important aspect of taking a person to court. Not getting the facts straight may be costly in litigation. The incident must fit into the category of cases admissible in the Small Claims Court. For example, cases heard in small claims are civil, with limited monetary involvement.
Next is to determine the specified courthouse location to file the case. Unless there are reasons to differ, the right courthouse location must tally with the location of the defendant's residence or where the incident occurred. Picking the wrong courthouse location can empower a defendant to petition for a transfer of the case or an outright dismissal. The petitioner must get the names of the defendant right. If it is a business, contact the Secretary of State to get the exact name of the corporation or partnership. The same applies to addresses; they must be accurate. Wrong names or addresses can lead to the failure of delivery of court papers and may keep the case in court longer than necessary or lead to a dismissal.
Filing parties must complete all paperwork at the Small Claims Court by filling out a set of forms provided by the clerk’s office. The Idaho Court system uses an effective e-filing system. Contact the courthouse clerk of interest or visit the Idaho Courts website to get these forms. Online submissions require following step-by-step instructions. If unsure of how to go about it, get the counseling services of a lawyer or employ an experienced representative. Filing parties must also pay the appropriate fee to complete the paperwork. If the petitioner cannot afford the fee, submit an Affidavit of Fee Waiver along with the forms. The form does not waive the payment but requests the magistrate to approve a delay in the payment.
After submitting the forms, the courthouse clerk issues a case file number to the plaintiff for subsequent reference to the case. Also, the clerk sets a hearing date at the time of submission and prepares a summons to notify the defendant. A copy of the complaint accompanies the summons. Plaintiffs can serve summons by themselves using certified/registered mail. If the court serves on behalf of the plaintiff, there will be additional fees. If service is not possible through the aforementioned route, the court can serve the papers through a precinct constable or a process server for a fee. The evidence of successful service is the return of the Affidavit of Acknowledgement of Service completed by the process server.
When defendants agree with the complaint, they may not need to respond in writing. Otherwise, they must do so within 21 days from the service of summons. A non-response may be well interpreted as a motion to continue. In responding, the defendant may opt for the e-filing route or go to the courthouse in person to get the forms. On the day of the hearing, the court expects both parties or their employed representatives to appear at the specified Small Claims Court for the hearing. While attorneys are not allowed in the proceeding, litigants are free to bring witnesses in for the hearing. If any witness refuses to appear, the involved party may compel them by getting a subpoena from the magistrate. At the hearing, the magistrate listens to both sides, beginning with the plaintiff.
Since there are no jury trials in Small Claims Court in Idaho, the magistrate's ruling depends on the applicable law and the preponderance of the evidence. The magistrate may issue the judgment on the same day or send it by mail to the involved parties. A dissatisfied party may file for an appeal within 30 days of the judgment. If the plaintiff wins the case, the plaintiff may set about getting the money judgment after the 30 days have expired.
How Much Can You Sue For in Idaho Small Claims Court?
Money claims in Idaho Small Claims Court have a limit of $5000. It is exclusive of court payments or administrative fees involved in the case. Money claims higher than this must go for filing at the civil law division of the District Courts across the state. Occasionally, a small claims case may involve a monetary value higher than the $5000 limit. It happens when a defendant files a counterclaim involving a higher monetary value than the court limit. In that case, the court transfers the suit to the Civil Law Division of the District Court.
How to Defend Yourself in Idaho Small Claims Court
Under the Idaho Rules of Small Claims Action, defendants can defend themselves in a court of law. There are many ways to do this, depending on the nature of the case. The first is to respond to the claim sent along with a notice of summons. To respond is to disagree with the position of the claimant. Defendants must do this within 21 days of receiving the notice of summons - failure to respond means that the defendant agrees with the case brought against them. If the odds are against the defendant, a good way to avoid litigation is to opt for an out-of-court settlement with the plaintiff. The defense here is having to avoid any court judgment filed against oneself. An out-of-court settlement will lead to the dismissal of the court case. The success of this proposal depends on the willingness of the plaintiff.
A defendant may also look out for loopholes in the case. For example, errors such as the expiration of the statute of limitations on the case, wrong name, wrong defendant address, or wrong courthouse filing can empower a defendant to move a motion to dismiss the case. If the claimant has the defendant's property while claiming money damages, the defendant can file a counterclaim separately to that effect. While the filing does not eliminate the case in court, it serves as an excellent source of pressure against the plaintiff. Finding out that there is a counterclaim can make a plaintiff dismiss the case in court, especially if it is a wrongful possession of the defendant's property.
If a court hearing becomes inevitable, the defendant must come to court with all evidence necessary to put up a good defense. Although the state’s law does not allow attorneys to represent litigants in a Small Claims Court, litigants may employ non-attorney representatives. Some of these representatives have experience undertaking small claims cases. It could serve as a good defense in a court of law. If the magistrate issues a judgment in favor of the plaintiff, the defendant has 30 days from the issue to file an appeal. It cost $81 to file an appeal.
How Long Do You Have to Take Someone to Small Claims Court in Idaho?
It depends on the type of case it is. According to the State Code of Idaho on Small Claims, there is a two-year limit for personal injury claims; three years for trespass and personal property. Where written contracts are involved, there is a five-year time frame within which the plaintiff must file the case with the court of law. Oral agreements have a four-year limit. What the statute of limitation means is that if the injured individual or claimant cannot file within these time limits, the court may dismiss the case at law. Most times, the defendant can use it as a basis to win the case. However, there may be exceptions to the statutes of limitation in any of the following scenarios:
- If the injured individual is yet to attain the age of maturity, the law waives the statute of limitations until they turn 18 years of age. From that time onward, the statute of limitations goes into force.
- If the injury or claim was only just discovered long after the statute of limitations had expired. For example, the recent discovery of a faulty wire set up in the home five years after installation.
- Suppose the law certifies the injured party or claimant to be incompetent to file a case. Long after the expiration of the time limit, someone eligible by the rules of the court may undertake the litigation process for the claimant.
- If there is evidence to show that the defendant had been elusive per the service of summons or out-of-state during the time limit.
What Happens if You Don’t Show up for Small Claims Court in Idaho?
If the plaintiff does not show up for the court hearing in Idaho, the court may dismiss the case with or without prejudice. If a defendant fails to show up, the magistrate may enter a default judgment against them. However, a defendant may pray the court to defer a trial by filing a request to reschedule it to at least two weeks before the due date of trial. Be aware that litigants can request a telephone court hearing under peculiar circumstances.
What are Small Claims Court Records in Idaho?
Small Claims Court Records are official compilations of information that give the account of the cases heard in Small Claims Courts across the state. Each courthouse has primary custody of the cases filed or heard on its premises. Court records accumulate from the first filing of a complaint with the court. All subsequent details concerning the case add up to make up a store of information that describes the journey of the case through the legal system. Contents of records include filings, court notices, injunctions, writs, orders, judgments, etc. The Office of the Court Clerk engages an efficient filing system for naming and storing files. Persons wishing to view or copy records may request to do so if they have the file number of the record.
Where Can I Find Idaho Small Claims Court Records?
Idaho Court Records are available both in paper and electronic copies. Contact the clerk of the specific courthouse that handled the case for paper copies of the record. Be sure to have the correct court address and the file number. Otherwise, be ready to provide the names of the litigants and the date of filing. iCourt is an electronic repository by the Idaho Judicial Branch that provides information about case status in trial courts to members of the public. Records here go as far back as 1995. The site administrator updates the portal hourly on business days. Users can access the following information on iCourt:
- Indexes of litigants filed with the court
- Recent cases, by parties' names
- Time-line summary of case events
- Dockets of proceedings, court schedules, etc
To guard the privacy of involved parties, the court shields the following information from public access:
- Social security numbers and financial information
- Residential addresses
- Phone numbers
- Personal Identifying information such as photo ID and license numbers.
Access to confidential records by members of the public is subject to the Idaho Administrative Rule 32. For this reason, involved parties and delegated government officials have 'extended access' under the iCourt policy that grants access to information that is otherwise closed to the public.
