Vermont Small Claims

In Vermont, the Civil Division of the Superior Court handles small claims actions through an informal and cost-effective process. While the rules governing small claims cases are outlined in 12 V.S.A. Chapter 187, the procedures for filing and resolving such cases are set out in the Vermont Rules of Small Claims Procedure. Individuals and entities should understand how small claims work in Vermont before filing a case to ensure their rights are protected.

What Is a Small Claims Court in Vermont?

A small claims court is specifically designed to address only money-related disputes. This court does not handle eviction matters and cannot order an individual to take an action other than paying money. Some of the cases adjudicated using small claims procedures include minor property damage, NSF checks, security deposit disputes, and unpaid wages.

Small Claims Court Limits in Vermont

In Vermont, small claims proceedings are limited to cases in which the plaintiff seeks no more than $10,000 in debt or damages. For claims involving medical debt or consumer credit transactions, the limit is $5,000. However, parties with claims exceeding $10,000 may still file in small claims court if they agree to waive the excess amount.

To file a small claims lawsuit in Vermont, a person must be at least 18 years old or be represented by a guardian if underage. The process is designed to be straightforward, allowing individuals to present their own cases without legal representation, though they may hire an attorney if they wish. In addition, corporations are generally permitted to have attorneys represent them in small claims proceedings.

How to File a Small Claims Case in Vermont

Before filing a small claims lawsuit in Vermont, the key steps you must consider include:

Prepare the complaint

In Vermont, a small claims action is initiated by filing Form 100-00257 (Small Claims Complaint) with the Superior Court’s Civil Division in the appropriate county. This form is available on the Vermont Judiciary website or from the Clerk’s office. Along with filing, you are required to include a self-addressed stamped envelope with sufficient postage for the return of one copy of the complaint and attachments. If you need a step-by-step guide on completing the form, you may use the VTCourtForms tool.

Use your preferred filing method

There are several methods of filing a small claims case in Vermont. Small claims filings are accepted in person at the courthouse, by mail or email, and electronically through the state’s eFiling system. If you intend to file your case by email, you must state how you intend to pay for the filing fees in your message.

File your case in the correct court

Your case should be filed in the Superior Court where you live or where the defendant lives or has a business. The court has the authority to transfer the case to a location where either party resides. For a detailed guide on how to file your case properly, you may consult the Civil Division’s page.

Pay the filing fees

It will cost you $90 to file a case if the amount in dispute is more than $1,000. If your claim is $1,000 or less, the filing fee will be $60. If you cannot afford to pay these fees or qualify for a fee waiver, you may complete and file an Application to Waive Filing Fees and Service Costs form.

Serve and notify the defendant

Once your case is filed, the court clerk will return your complaint along with a signed summons. Within seven days, you must serve the defendant with the following documents by first-class mail:

• Blank small claims answer form
• Summons signed by the court clerk
• Blank Disclosure of Exempt Income form
• Completed Certificate of Service form
• Small Claims Information and Instructions for the Defendant
• Complaint (with the docket number written on it)

Small Claims Court in Major Vermont Locations

By visiting the Court Location page, you can search for the civil division in your county or the defendant’s county where your case should be heard. For instance, if you live in the Burlington area, your case should be filed in Chittenden County, and if you live in Montpelier, you should file your case in Washington County. In addition, the Suing and Being Sued (Small Claims) page on the Judiciary’s website provides a complete guide on how to file small claims cases anywhere in the state.

What to Expect at a Small Claims Hearing in Vermont

A small claims case can be resolved without a hearing if the defendant agrees to all the claims stated in the plaintiff’s complaint. However, if the defendant disputes the claim, the Court Clerk will schedule a bench trial.

During the trial, the judge will ask each party to present their version of events and any supporting evidence. The judge may also question witnesses if any are present, and allow each side to make a final statement or ask the other party questions. The judge may issue a judgment immediately after the hearing or take some time to review the case and mail a written decision later.

Outcomes and post-judgment: If the plaintiff wins, the court will issue a money judgment. If the defendant does not pay the amount owed within 30 days, the plaintiff may request post-judgment remedies such as a Financial Disclosure Hearing or a Trustee Process Against Earnings.

Appeals: Either party may appeal the judgment by filing a Notice of Appeal within 30 days of the court’s decision using the form provided by the court. In Vermont, an appeal is not a new trial; instead, another judge reviews the case record to determine whether a legal error occurred in the original judgment.

How to Search for Small Claims Records in Vermont

1. Vermont Judiciary Public Portal: This portal provides role-based access to Vermont court records. The public may view limited case information, while registered parties and attorneys are granted elevated access to additional case details.
2. Record Requests: Individuals can request small claims records from the court that handled the case by submitting the Request for Access to Court Records form in person or by mail.
3. Public Access Terminals at the Courthouse: Record seekers may search for small claims records using a case number or party name on the public access terminals available in most courthouses.

Open vs. sealed: Small-claims files are presumptively public unless sealed by rule or order. Nevertheless, sensitive information may be redacted from public scrutiny to protect individual privacy.