Boundary County Prosecutor

Small claims court is often referred to as the "people's court," and is used by those suing for return of property or a monetary amount up to $4,000 (pursuant to Idaho Code 1-2301), without an attorney or a jury; providing a quick, inexpensive method of resolving minor claims and disputes.

Anyone over the age of 18 may file suit in small claims court, though suits must be filed in the county where the dispute arose or where the defendant resides. Some examples of cases heard in small claims court include a landlord refusing to return a security deposit, a service business which loses or damages your property, when someone owes you money on a bad check or past-due bill or when someone refuses to return personal property that is rightfully yours.

In Boundary County, small claims cases are typically heard one day each month.

To file a small claims case, you must first fill out a complaint, available at the Office of the Clerk of Court on the main floor of the Boundary County Courthouse or by using the link in the left column. Once completed, the complaint must be filed with the Clerk of Court. A filing fee of $35, as set forth in the filing fee schedule in the I.R.C.P. Appendix A, must be paid at the time of filing. Before signing the complaint, you must swear or affirm before the Clerk of Court that the statements regarding this claim are true to the best of your knowledge.

Once filed, the complaint will be assigned a case number and a court date will be set. You will also be provided with papers to be served upon the defendant(s) in the case. These must be served by someone over 18 years of age and not a party to the case, by certified mail or by private process server, with written proof being provided to the court prior to trial. Any written return of service must be notarized. A list of process servers is available through the Clerk of Court or through the link in the left column. These individuals charge a fee for their services. Any service must be made at least 14 days prior to the trial date.

When filling out the complaint, full names and addresses are required, and you should precisely specify the amount of money you are owed or what personal property you are seeking, when it became due and include a brief statement as to why the amount is owed or the personal property should be returned. The debt must be one originally owed to you, the plaintiff.

If you win your case, you are also entitled to recover from the defendant the cost of filing suit and serving the complaint, in addition to your original claim.

On the date your case is heard, it is important that you be in court on time. If you do not appear, your case may be dismissed. If there is a reason you cannot be in court on the date set, it is important that you contact the court promptly to make a motion to continue the trial.

When you appear in court, make sure you have with you any papers, documents or photos which have bearing on your claim, and receipts, contracts or bills to show the judge in order to substantiate your claim. You may also bring witnesses who have information or knowledge which may help you prove your claim.

If the defendant does not appear, your claim will, in most cases, be awarded to you by default. If the defendant does appear, a hearing before the judge will be held before a decision is rendered.

When you are called, be as calm and relaxed as possible, and explain to the judge exactly why the person you are suing owes you money or should return personal property. The judge will most likely ask questions about your claim; these should be answered clearly and directly. As there are typically a number of small claims cases before the judge, be as concise as possible as the time you have to present your case is limited.

If you are a defendant in a small claims case and you concede to the plaintiff's allegations, you may make an out-of-court settlement before the trial date. If such settlement is reached, the plaintiff must file written notice with the Clerk of Court prior to the trial date.

If you are a defendant and do not appear at trial, judgment will usually be awarded to the plaintiff by default. If you appear and contest the plaintiff's claim at the time of trial, you will be afforded the opportunity to present documents, photos and other evidence showing why you contest the claim. There is no counterclaim in small claims court, but you may file a counter suit by filling out an entirely new, like complaint and pay a filing fee.

Upon conclusion of testimony by the parties, the judge will render a decision in favor of the plaintiff or the defendant. Either party appearing at trial in the suit may file an appeal of the judge's decision within 30 days, in which case a new trial will be scheduled before a lawyer magistrate. On appeal, both plaintiff and defendant may be represented by an attorney.

If the judge decides in favor of the plaintiff and the defendant fails to pay or return property as ordered within 30 days of the judgment, or immediately after a default judgment, the plaintiff may obtain a writ of execution from the Clerk of Court, which will cause the Sheriff's Office to assist in the recovery of personal property or to seize property or wages of the defendant which are not exempt from execution.