what to expect when being sued in small claims court for unpaid medical

Pocket-sized Claims

Small Claims
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Full general Questions

1. What is Minor Claims Court?
2. What cases vest in Pocket-sized Claims Courtroom?
3. What cases do not belong in Minor Claims Court?
4. How long practise I take to kickoff a modest claims case? (Chosen the Statute of Limitations)
5. Can an out-of-state private or business organisation file a claim in Connecticut?
6. How do I offset a modest claims case?
7. How much does it cost to beginning a small claims case?
8. Where practice I become to file a pocket-sized claims example?

Suing Different Types of Defendants

9. How exercise I find out if the defendant is a corporation, express liability company (LLC), a partnership or a DBA (doing business as)?
10. Practice I accept to use the defendant's full name?
11. What if the defendant resides out of the country of Connecticut?
12. What practise I practice if I desire to sue an out-of-state business entity?

Filing Fees, Court Papers and Court Dates

13. Fill out Minor Claims Writ and Notice of Suit (form JD-CV-xl) - Slidecast
14. Fill out Argument of Service (Delivery) Pocket-size Claims (form JD-CV-123) - Slidecast
15. How do I serve (evangelize) a small claims case on the defendant(s)?
16. What happens later the reply date has passed?
17. When is a armed services affidavit about the defendant required to get a judgment?
18. Where can I get more than information?

Defendant's Options

19. What practise I do if I am sued in a small claims case and want to defend myself?
20. When should I file a counterclaim?

Your Day in Court

21. Tin I have a jury trial?
22. Are small claims cases decided by judges?
23. What is an ODR settlement briefing?

Judgment and Mail Judgment Activity

24. How do I collect money if I win my case?
25. Tin can I appeal the decision?
26. Could a modest claims judgment against me (the defendant/ judgment debtor) affect my credit rating or appear on my credit study?
27. When may a judgment lien exist placed on existent holding (real estate)?
28. Must I tell the court when the judgment owed to me is paid in full?

Minor Claims Case Lookup

29. How can I find out information about a small claims example?
30. What information can I wait up on a pocket-sized claims matter?

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General Questions

1. What is Small Claims Court?

• Small Claims Court is a function of Connecticut's court arrangement where a person tin sue for money amercement just upward to $5,000.00. That amount is set by state police force and may change from time to time. You lot may besides be able to get interest and costs. Y'all may exist able to get more than than $5,000.00 if you lot are suing for the return of security eolith. When a tenant (renter) of a residential existent estate belongings sues a landlord to get back a wrongfully withheld security deposit, the tenant may be awarded twice the amount of the security eolith even if the total amount of damages and costs, combined, is greater than $5,000.00. Encounter sections 51-15 (d) and 47a-21 of the Connecticut General Statutes.
• Y'all do not need an attorney.
• Small claims cases are generally heard and decided by Magistrates, who are lawyers appointed past the Chief Court Ambassador. For more information, see department 51-193l of the Connecticut Full general Statutes. Pocket-sized Claims cases may too be heard by judges or approximate trial referees. You may see magistrates or judges referred to as "judicial authorities."
• Uncomplicated rules of evidence apply, instead of circuitous rules.
• There is no transcript of the trial; it is not recorded.
• There is no correct to appeal the decision.

2. What cases belong in Small Claims Court?

• back rent;
• return of security deposit;
• broken or damaged holding;
• unpaid claims;
• motor vehicle accidents;
• breach of a written or verbal contract;
• doctor/hospital bills for medical treatment;
• other claims asking for $5,000.00 or less.

3. What cases do not belong in Small Claims Court?

• libel or slander;
• damage to your reputation;
• name calling;
• any claims request for more than $5,000.00 (meet #1, in a higher place, for explanation of cases in which the plaintiff may be awarded more than $5,000.00).

iv. How long do I have to commencement a modest claims example? (Chosen the Statute of Limitations)

5. Can an out-of-state individual or business file a merits in Connecticut?

• Yeah. However, the individual or business may be required to attend court hearings if the defendant contests any of the proceedings or if the court determines that the business or individual'southward presence is necessary.

six. How exercise I showtime a small claims instance?

• Use the court form Small Claims Writ and Notice of Arrange (grade JD-CV-40). Type or neatly print your information on the forms. Read the "Instructions to Plaintiff" section on class JD-CV-40 to help you complete the Small Claims Writ and Detect of Suit. For more data, view the How-To Program for filling out Modest Claims Writ and Notice of Adapt (JD-CV-40).
• Forms are available online or in whatsoever court location that handles small claims cases. For information on the court location that handles small claims matters for your boondocks and the address and telephone number of the courtroom see Where to File Small Claims Matters.
• The person starting the case is called the plaintiff; the person being sued is chosen the accused. Afterward the instance is decided, the person who is awarded money is called the "judgment creditor" and the person who is ordered to pay the money is called the "judgment debtor."
• If at that place are more plaintiffs or defendants than will fit on the Small Claims Writ and Notice of Suit (form JD-CV-40), you lot must fill out and adhere the Continuation of Parties (form JD-CV-67) to the Small Claims Writ and Discover of Suit.
• Your signature must be notarized. Your signature may be notarized by the Court Clerk, a Notary Public, or a Commissioner of the Superior Court (any Connecticut chaser). In order to have your signature notarized, you must sign the Pocket-size Claims Writ and Find of Suit (course JD-CV-40) in front of the person who is notarizing information technology. You must also clearly print your name conspicuously and title, if you take a title, in the box provided. Your oath must be taken at the fourth dimension you sign the course and the person who took your oath (the Clerk, a Notary, or a Commissioner of the Superior Court) must besides sign it.

7. How much does information technology cost to start a modest claims instance?

• There is a $95.00 entry (filing) fee.
• You must pay the Court Clerk with greenbacks, or with a check or money society made out to "Clerk of the Superior Court." If you pay in person, you lot may also pay past MasterCard or Visa.
• If yous hand-deliver the claim to the courtroom, and you programme to pay with a personal check, bring a valid state issued photo I.D., your photo driver's license; U.South. passport; or Military I.D.
• If y'all win your instance, the entry fee and your costs of service volition exist added to the judgment confronting the defendant.

viii. Where do I get to file a modest claims example?

• Pocket-sized Claims cases must be filed in a venue (courtroom) designated by the Chief Court Administrator.
• If y'all are an Private Plaintiff, you may file in the court handling minor claims matters for the city or boondocks: (a) where you live, (b) where the defendant lives or where the defendant'due south business organisation is located, or (c) where the transaction or injury occurred.
• If you lot are a Business Entity, including a domestic or United States corporation or a limited liability company, you may file in the court treatment pocket-size claims matters for the urban center or boondocks: (a) where the defendant lives, (b) where the defendant is doing business, or (c) where the transaction or injury occurred.
• For data on the courtroom location that handles minor claims matters for your boondocks and the accost and phone number of the court see Where to File Minor Claims Matters.
• For landlord-tenant matters, you must file in the housing session where the property is located, if one exists. If there is no housing session for the location where the holding is located, yous must file in the judicial district where the property is located. To determine where y'all should file your cases, see Housing Matters - Where to File.
• If you wish to file your example or other documents electronically, yous must sign-upwards for Judicial Co-operative E-Services. Click here for more information on E-Services.

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Suing Different Types of Defendants

9. How do I find out if the defendant is a corporation, limited liability company (LLC), a partnership or a DBA (doing business every bit)?

• Call the Secretarial assistant of the Country at 860-509-6002 to notice out if it is a corporation or an LLC and to get its address.
• If the defendant is not a corporation or LLC, and is a DBA (doing business as) or uses a trade proper name, contact the town clerk's role where the company is located to get the proper name of the business organization owner.

10. Do I have to apply the defendant'south full name?

• Yes. Use the exact, complete name of the person or business organisation.
• If y'all get out out any office of the proper name, you may not be able to collect your money if y'all win the instance.
• Do not abbreviate any part of the proper name.

11. What if the defendant resides out of the state of Connecticut?

• Yous may file confronting the out-of-state resident only if he or she owns belongings in Connecticut.
• A argument indicating that the out-of-land individual owns property in Connecticut must be included in the merits.

12. What do I do if I desire to sue an out-of-state business entity?

• First you lot must find out if the business entity has an agent for service in Connecticut by contacting the Secretary of the State at 860-509-6002.
• You must use a proper officer (for example a country marshal) to serve (deliver) the Pocket-size Claims Writ and Notice of Accommodate (form JD-CV-twoscore) on an out-of-state business entity. See List of state marshals.

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Filing Fees, Court Papers and Court Dates

13. Fill out Small Claims Writ and Notice of Adjust (formJD-CV-forty) - Slidecast

14. Fill out  Statement of Service (Delivery) Small Claims (class JD-CV-123) - Slidecast

15. How exercise I serve (deliver) a minor claims case on the accused(due south)?

• Unless yous are hiring a proper officer (for example a state align) to serve (deliver) the Modest Claims Writ and Notice of Suit (Writ) (course JD-CV-twoscore) for you, you must evangelize a re-create of the completed original Writ to each defendant with the Instructions to Defendant (form JD-CV-121) before filing those documents with the court. See a clarification of acceptable delivery methods in the second part of this answer. Yous must deliver to each accused a copy of all the documents yous desire to file with the courtroom. In other words, all attachments to the original Writ must exist delivered. After all of those documents accept been delivered, complete a Statement of Service (Delivery) Small Claims (Argument of Service) (course JD-CV-123), which explains to the court how you lot had the Writ delivered to each defendant that you lot served. And then, file the original Writ and Statement of Service for each defendant, along with copies of any exhibits or attachments, and the right entry (filing) fee. Go on a copy of all documents for your records, along with the originals of any exhibits or attachments. For more than information on the Statement of Service (grade JD-CV-123), see the following: How-To Program to make full out Statement of Service (Commitment) Small Claims (course JD-123).
• The plaintiff, or his or her representative, must serve (deliver) the Modest Claims Writ and Notice of Arrange separately on each defendant using ane of the 4 methods listed below, except that for each defendant who is an out-of-state entity (a business organized under the laws of a land other than Connecticut), the plaintiff must pay a proper officeholder (for example, a state align) to serve the defendant as described in number four. In that location are special requirements for service on (delivery to) out-of-state insurance companies. The requirements are in Affiliate 697, Title 38a of the Connecticut Full general Statutes and y'all may find information on the Connecticut Insurance Section website.
  1. Past priority mail with delivery confirmation: fill out a Small Claims Writ and Notice of Suit (Writ) (course JD-CV-xl) and attach copies of any related documents you want to file with the Writ; keep the original Writ and documents and mail a copy of the Writ and documents, and the Instructions to Defendant (form JD-CV-121) to each accused. When yous have the commitment confirmation(s), consummate a Statement of Service (Commitment) Small Merits (Statement of Service) (form JD-CV-123) for each defendant you have served. Then, file the original Writ, Statement of Service and delivery confirmation for each defendant, along with copies of whatsoever exhibits or attachments, and the correct entry (filing) fee.
  2. By certified postal service, return receipt requested: fill up out a Small Claims Writ and Observe of Suit (Writ) (form JD-CV-40) and attach copies of any related documents you want to file with the Writ; keep the original Writ and documents and mail a copy of the Writ and documents, and the Instructions to Accused (form JD-CV-121) to each defendant. When yous receive the signed return receipt(s), complete a Argument of Service (Delivery) Small Claims (Statement of Service) (form JD-CV-123) for each defendant you have served. And then, file the original Writ, Argument of Service and signed render receipt(s) (green card) for each defendant with the courtroom, forth with copies of any exhibits or attachments, and the correct entry (filing) fee.
  3. Past a nationally recognized courier service providing delivery confirmation: fill out a Minor Claims Writ and Notice of Accommodate (Writ) (class JD-CV-forty) and attach copies of any related documents you want to file with the Writ; keep the original Writ and documents and have a copy of the Writ and documents, and the Instructions to Accused (grade JD-CV-121) delivered to each defendant. When you receive the tracking information showing commitment, complete a Statement of Service (Delivery) Pocket-sized Claims (Statement of Service) (form JD-CV-123) for each defendant you lot have served. And then, file the original Writ, Statement of Service and the delivery confirmation for each defendant with the court, along with copies of any exhibits or attachments, and the correct entry (filing) fee.
  4. By a proper officeholder, for example, a marshal: fill out a Pocket-size Claims Writ and Notice of Adjust (Writ) (course JD-CV-twoscore) and attach copies of any related documents yous desire to file with the Writ; keep a copy of the Writ and the originals of other documents; give the original Writ with fastened documents, and the Instructions to Accused (form JD-CV-121) to the officer to serve (evangelize); after the officer serves (delivers) the Small Claims Writ and Observe of Accommodate, he or she will file the original Writ and documents with the courtroom along with his or her return of service (a written statement describing how the writ was served).
• The Pocket-size Claims Writ and Detect of Suit (course JD-CV-twoscore) must be returned to the court not later than ane month subsequently the appointment of service.
• When the clerk receives the Small Claims Writ and Find of Suit (form JD-CV-40) the clerk volition set an reply appointment (date by which the defendant(s) must reply to the complaint) and will send a notice to all plaintiffs or their representatives of the docket (case) number and answer date. The clerk volition also send an answer form that includes the docket number and reply engagement to each defendant at the address provided by the plaintiff.

sixteen. What happens after the answer date has passed?

• Neither party needs to do anything at this point. The file volition be reviewed by a magistrate who will decide if a decision tin be made without a trial or if the case needs to be scheduled for a trial.

17. When is a war machine affidavit about the accused required to get a judgment?

• If the accused in your example is a person, you must say, nether adjuration, whether the defendant is or is not in the armed forces or naval service and how you know that. You will not be able to become a decision against a accused who has not filed an respond unless you file an affidavit (a paper signed nether oath) with the court that states facts showing that the defendant is not in the military machine or naval service.
• Y'all tin notice out if defendant is in the armed forces or naval service from the U.Due south. Department of Defense - Defense Manpower Data Center by using the following website if you have the first and last proper name of the person and the person's date of birth or the person'south social security number. The website is: https://scra.dmdc.osd.mil/. This spider web address must be typed exactly, including the "s" later on the http. You may become a alert stating that at that place is a problem with this website's security certificate. This website is hosted by the U.S. Department of Defense.
• If you do non know the accused's date of nascency or social security number, y'all will have to detect out the defendant'due south military machine status by asking a person who knows the defendant well to fill out an affidavit (written statement under oath), or by giving the place of the defendant's total time employment in an affidavit of your own. For the affidavit, yous can use court course Affidavit Apropos Military Service (class JD-FM-178).

xviii. Where tin can I go more information?

• Review the PDF booklet, How Small Claims Works (form JDP-CV-45), which is also available in printed form in every clerk's office that handles small claims cases and in the Court Service Centers. From time to fourth dimension information in this booklet may change, such as fees, court locations and phone numbers. Please bank check this website or contact the clerk's part to be sure that you have the almost current data about fees, court locations and telephone numbers.
• Enquire the court clerk for information. The clerk tin requite you information. The clerk cannot give y'all legal advice.
• Talk to an attorney. Check an internet search engine, the Yellow Pages or call your local Lawyer Referral Service (run by the local Bar Association). If you lot are a low income private, The Statewide Legal Services of Connecticut, Inc. may be able to assistance y'all. Their price gratis number is 800-453-3320.
• Legal Clinics may also provide an opportunity to discuss your example with an attorney. Data may be found at the Judicial Branch'south Legal Clinics and Help page.
• Additional information on finding legal assistance is available on the Find Legal Help folio.

Meridian

Defendant's Options

19. What do I practise if I am sued in a small-scale claims case and desire to defend myself?

• File an answer on or before the reply date. The answer engagement will appear on the Reply course sent to you lot past the court. Fill out the Respond form and return it by postal service, fax or hand commitment to the clerk. Transport a copy to each attorney or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff and fill out the certification that you have done so.
• If you disagree with the claim or the amount of money, check the box that says you disagree and explain briefly in writing why you believe you do not owe the money.
• Attach copies of whatsoever documents that support your claim. For example, you can attach receipts, messages, contracts or leases. Be sure that the documents you are filing do not contain personal identifying information, such as a social security number, credit card account number, bank account number or date of nascency. You should to omit, remove (redact), or black-out personal identifying information earlier filing whatever document unless the data is required by law or court order.
• You lot may also file a move to transfer the case to the regular court docket, by completing a Small-scale Claims - Move to Transfer to the Regular Docket (course JD-CV-158). The movement must exist filed according to the Connecticut Practice Book in order to exist granted. Meet section 24-21 of the Connecticut Practice Book. The fee is $125.00.
• If yous wish to file your answer or other documents electronically, yous must sign-upwards for Judicial Co-operative Eastward-Services. For more information on e-filing and E-Services, see E-File in Modest Claims Matters.

xx. When should I file a counterclaim?

• If y'all want to file a counterclaim, you must practice then on or before the answer date or, if a judgment was entered confronting you, when a motion to open judgment is granted.
• If you lot think the plaintiff owes you coin, you may say and so in the counterclaim.
• There is a $95.00 filing fee for a counterclaim.
• You must pay the court clerk with cash, or with a check or money order made out to "Clerk of the Superior Court." If yous pay in person, you lot may also pay by MasterCard or Visa.
• If you lot hand-deliver the counterclaim to the court, and you plan to pay with a personal bank check, bring a valid state issued photo I.D., your photo driver'south license; U.S. passport; or Military I.D.
• If you wish to file your counterclaim or other documents electronically, you must sign-up for Judicial Branch E-Services. Click here for more information on Eastward-Services.

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Your Solar day in Court

21. Can I have a jury trial?

• In that location are no jury trials in small claims.
• You may, even so, request a jury trial if you file a movement to transfer the example to the regular docket. See #19 to a higher place.

22. Are small-scale claims cases decided by judges?

23. What is an ODR settlement conference?

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Judgment and Post Judgment Activeness

24. How exercise I collect money if I win my case?

• The court does not collect the money for you, merely you can asking that the clerk consequence an execution. An execution authorizes you to rent a land marshal to attach a judgment debtor's (defendant's) wages, nonexempt personal property or financial establishment (bank) account. Meet List of state marshals.
• Make full out an application for wage, holding or financial institution execution. Include exemption forms for judgment debtors (defendants) who are natural persons, and file with the courtroom.
• The following fillable forms are bachelor on this website.
  1. Wage Execution Proceedings - Application, Lodge, Execution (course JD-CV-3)
  2. Exemption and Modification Merits Grade, Wage Execution (grade JD-CV-3a)
  3. Property Execution Proceedings - Application, Order, Execution (grade JD-CV-5)
  4. Exemption Merits Course, Property Execution (grade JD-CV-5b)
  5. Financial Institution Execution Proceedings - Judgment Debtor Who is a Natural Person, Application and Execution (form JD-CV-24)
  6. Exemption Merits Form, Fiscal Establishment Execution (course JD-CV-24a)
  7. Financial Institution Execution Proceedings Judgment Debtor Who is NOT a Natural Person, Application and Execution (grade JD-CV-24N)
• An execution authorizes a state marshal to attach the judgment debtor'south (accused's) wages, nonexempt personal property or financial institution account. (This does non include real estate.)
• In that location is a $105.00 fee for each application.
• You tin can enforce a judgment up to 10 years from the date of judgment.
• Y'all may also want to review Forms you may need to collect on a Civil Judgment on this website.

25. Can I appeal the decision?

• You cannot appeal a conclusion in a small claims courtroom example.

26. Could a pocket-sized claims judgment against me (the judgment debtor) affect my credit rating or appear on my credit written report?

27. When may a judgment lien be placed on existent property (real estate)?

28. Must I tell the courtroom when the judgment owed to me is paid in full?

• Yes. This is chosen a satisfaction of judgment and is a written notice that must be filed with the courtroom when full payment has been made. You must complete a Satisfaction of Judgment (form JD-CV-164) and file it with the courtroom within ninety days later full payment has been fabricated. See department 24-30 of the Connecticut Do Book.

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Small-scale Claims Case Lookup

29. How tin I find out information virtually a pocket-size claims case?

Modest Claims example data may be searched past: party name, docket number, and chaser/firm juris number, amid other search options.
Case information for modest claims matters filed with Centralized Small Claims prior to September i, 2017 that have non been transferred to the small-scale claims docket in a judicial commune or housing session and assigned a new docket number are available online through the Centralized Minor Claims Instance Look-upwards.

Case information for small claims matters filed on and after September ane, 2017, and any cases filed prior to that date that have been transferred to the small-scale claims docket in a judicial district or housing session are available through the Superior Court Small Claims Example Look-up.
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thirty. What information can I look up on a small claims matter?

Y'all tin view data on a small claims matter including political party names, advent information, the amount of the merits filed, any judgment entered, a list of action and documents filed, whatever scheduled hearing date, and disposition data. Documents in many small claims cases tin can also be viewed on the public website. For more than information, go to the Modest Claims Session folio.
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Source: https://jud.ct.gov/faq/smallclaims.html

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