How to file a small claims case in Utah, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
Utah doesn't require a demand before filing small claims, but asking for payment first can settle things faster.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Utah you can sue for up to $20,000 in the Small Claims Department of the Justice Court.
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address where they can be served (not a P.O. box)
- The amount you're asking for and how you got that number
- The date the problem happened
- A short plain description of what happened
- An email address and phone for Online Dispute Resolution, if your court uses it
Use the company's exact legal name and serve its registered agent.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
Affidavit and Summons: Small Claims Affidavit and Summons (ODR version in Online Dispute Resolution courts). Get the form.
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $20,000) and how you calculated it
- What you did: when you asked for payment and their response
Sign the affidavit as the form directs; ask the clerk if your court needs anything more.
Bring the original plus one copy for each defendant and one for yourself.
File and pay
Filing day
Choose how you'll file:
Usually the justice court where the defendant lives or where the problem happened. Some cities share another city's or the county's justice court.
$60 for claims up to $2,000, $100 up to $7,500, and $185 up to $20,000. Serving the papers costs extra. Can't afford it? Ask for a fee waiver: Request a fee waiver from the court (see the Utah Courts fee waiver page)..
In ODR courts you must log in within 7 days or the case is dismissed. In other courts the trial date is set when you file. Then have the papers served.
Serve the defendant
Right after filing
You can't hand the papers over yourself. Use the sheriff, a constable, a private process server, or another adult who isn't part of the case, then file proof of service.
At least 30 days before the trial. In Online Dispute Resolution courts, serve within 120 days of filing.
Proof of service (return of service)
The person who served the papers completes it and you file it with the court.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
In ODR courts the defendant must register within 14 days of being served. A defendant can file a counterclaim; Herriman, for example, requires it at least 15 days before trial.
If you settle, put it in writing and file it with the court, or ask the court to dismiss the case.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk for a subpoena and have it served on the witness.
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- Arrive early and check in with the clerk
- Bring proof you served the defendant
- Bring three copies of every document and your evidence in date order
- Bring your witnesses, or a subpoena if they won't come voluntarily
- Turn your phone to silent; dress neatly
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't respond or come, you can ask for a default judgment. If you miss the trial, your case can be dismissed; you have 15 days to ask to undo that.
After the judgment
Weeks to months
Either side can appeal within 28 days. The case is tried again from scratch in district court. The appeal fee is $240 plus $10 to the justice court.
The court doesn't collect for you. If they don't pay, you can garnish wages or bank accounts or seize property.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.