A small claims case must be filed in the court where the defendant resides or where the claim arose (where the events happened). Before filling out paperwork, you will first need to verify that this court has jurisdiction. After verifying jurisdiction, you need to decide who you are suing and properly fill out the defendant(s) name. The court cannot assist you in deciding which name(s) to fill in.

This court does not use Online Dispute Resolution (ODR). Once you have determined that the Herriman Justice Court has jurisdiction over your case, you will need to complete and file an Affidavit and Summons with the court.

The party filing the claim is the plaintiff. The party responding to the claim is the defendant.

1. Fill out and complete an Affidavit and Summons. You are the Plaintiff in this case and the person you are suing is the Defendant. Do not sign unless you are before a notary or a court clerk.
2. Once it is filled out, file the Affidavit and Summons with the court and pay the corresponding fee:
   • $60 for claims $2,000 or less
   • $100 for claims of $2,001 to $7,499
   • $185 for claims of $7,500 to $25,000
3. The Affidavit and Summons will be returned to you with a case number. It is your responsibility to serve the Defendant and proof of service must be submitted to the court within 14 calendar days of service. For more information about service, visit Service of Process.
   Courtesy constable list.
4. If the Defendant is an individual (not a business), then a Military Service Declaration is required to be filed with the court before a default judgment will be given.

A lawsuit has been filed against you. For more information, please refer to the UT Courts website.

If you wish to file a counterclaim, you must file a Counter Affidavit. This form must be filed with the court at least 15 calendar days prior to the trial date. The following fees apply:

• $50 for claims $2,000 or less
• $70 for claims of $2,001 to $7,499
• $120 for claims of $7,500 or more

If a judgment is granted, the winning party has the right to enforce the judgment. The losing party may be required to testify regarding assets and income. A judgment accrues interest and the prevailing party may be entitled to recover court costs accruing after judgment.

A judgment must be collected within 8 years of the date it is granted or it expires. When a judgment is paid, the winning party must file a Satisfaction of Judgment with the court.

Small claims cases are informal. Parties are encouraged to represent themselves. However, you may hire an attorney if you wish.

If a small claims trial is scheduled and you want to change the trial date, you must request a continuance. Fill out a Motion and Order to Continue. The court must receive your request for continuance at least 5 calendar days before trial.

It is extremely important that you bring with you to trial all witnesses and papers necessary to prove your claim or defense. If you fail to do this, the case may be decided against you. The judge may allow hearsay that is probative, trustworthy, and credible. If possible, witnesses should testify about their firsthand knowledge. However, if possible, a party should have witnesses to testify rather than rely on hearsay. Claims based largely on hearsay will generally be disallowed.

Evidence should be offered through the statements of live witnesses at trial, except that written statements such as repair bids, appraisals, repair bills, and medical bills may be used instead of live testimony to establish the amount of a claim. If you intend to rely on such written statements, you should bring them with you.

With any evidence you will be providing, you will need to make sure you have 3 copies (for yourself, the judge, and the defendant) and make sure it is labeled at the top right-hand corner.

Either party may appeal a small claims judgment within 28 calendar days after the dismissal or judgment. A Notice of Appeal must be filed with the court that issued the judgment and the appropriate fee paid ($240 payable to the Third District Court and $10 to the Herriman Justice Court).

If all parties were at the trial, the court will provide a copy of the judgment to each party. If less than all the parties are at the trial and a claim is dismissed, the party who benefits from the dismissal must send a copy of the judgment with the Notice of Entry of Judgment completed. If less than all parties are at the trial and a default judgment is granted, the party in whose favor the default judgment was granted must send a Notice of Default Judgment (including a copy of the judgment) to the defendant.

These Instructions are written as though the plaintiff was granted judgment against the defendant. They also apply to a defendant who was granted judgment against the plaintiff on a Counter Affidavit. There are generally fees associated with each of the procedures described below. Keep track of the fees you pay.

If the defendant fails to pay the judgment after receiving notice, you should first consider contacting the defendant to find out why it has not been paid. You should remind the defendant that additional court procedures will add costs to the judgment. If you are unable to work out satisfactory arrangements for payment, the following collection procedures are available through the court:

1. Supplemental Order - To find out the defendant’s income and assets.

   After judgment, you may have the defendant ordered into court to answer questions about the defendant’s property, income and assets. Begin this procedure by obtaining a Supplemental Order form from the Court Clerk, completing it, and returning it to the Court Clerk to be issued. The Court Clerk will set a date for the defendant’s appearance. Defendant must be served with the Order by a Sheriff or Constable at least 5 business days in advance. You are responsible for the costs. You must also appear on the designated date to handle the questions. You may ask the defendant about employment, assets and other funds owned. You may ask names, addresses and telephone numbers of those who owe the defendant money. You should take detailed notes, so that you may later use the information. When you have information about the defendant’s income and assets, you may proceed with the following additional actions.

2. Abstract of Judgment - To put a lien on the defendant’s real estate.

   If the defendant owns any real estate in Utah, you can place a lien on it by filing an Abstract of Judgment. Begin this procedure by obtaining an Abstract of Judgment form from the Justice Court after judgment is granted. Complete the form and have it issued by the Court Clerk. Then file the form in the District Court in the county where the defendant’s real estate is located. There will be a filing fee. From the time it is filed, the Abstract of Judgment constitutes a lien on all real estate in the county listed in the defendant’s name. To establish the lien’s priority, a separate information statement with certain information about the defendant must be filed with the District Court. The defendant will usually be unaware of the lien until the defendant tries to sell or borrow against the property, or until a title search is performed. The lien remains against the property until the judgment is paid or expires. The defendant will usually not be able to transfer the property until resolving the lien.

3. Execution - To seize the defendant’s property and sell it at public auction.

   Once you have identified real estate or personal property owned by the defendant, you may have the sheriff or constable seize it and sell it. The defendant may be entitled to claim that certain property is exempt from execution. The full list of exempt property is found in Utah Code Title 78, Chapter 23. All seized property is subject to prior liens in favor of other persons, if any. The proceeds from the sale of the property shall be used first to satisfy the costs of sale and then to satisfy your judgment. The balance, if any, must be returned to the defendant. Begin this procedure by obtaining a Writ of Execution form from the Court Clerk, completing it and having the Court Clerk issue an original and one copy. There will be a filing fee. You should then take to the sheriff or constable, (1) the issued original and copy, (2) a "request for hearing" packet (provided by the Court Clerk), and (3) a typewritten list of the property to be seized (including description and location). The sheriff or constable will serve these documents and then contact you to make arrangements for a sale date. You will be responsible for the sheriff’s or constable’s fees.

4. Garnishment - To intercept money owed to the defendant by someone else.

   You may garnish defendant’s wages, bank accounts, or debts owed to the defendant. State and federal exemptions on wage garnishments will limit your recovery to about 25% of the wages due the defendant when the Writ of Garnishment is served. Begin this procedure by obtaining a packet of garnishment forms from the Court Clerk, completing the required information and returning it to the Court Clerk to be issued. You should then give the entire packet to the sheriff or constable for service. The packet will include a list of questions for the person holding the defendant’s money (e.g., the defendant’s employer, the defendant’s bank), who is called the "garnishee". You will be required to pay a filing fee, as well as a fee to the garnishee. The garnishee should answer within 5 business days. Ten business days after you receive the answers, if the defendant has not claimed an exemption, ask the Court Clerk for a Garnishee Order to obtain the defendant’s money.