Small Claims Court
Small claims court is an easier, quicker, and cheaper way for people to take their claims to court. But if you want to win your case there are steps you must follow. The documents entitled Information for Plaintiffs in Small Claims Cases and Information for Defendants in Small Claims Cases will take you step-by-step through the small claims process. It is very important that you read this information carefully. The steps you must follow are set by state laws; some of the laws that commonly apply in small claims cases are listed below:
· Procedures in Small Claims Court – Rule 81 of the Idaho Rules of Civil Procedure and in Title 1, Chapter 23 of the Idaho Code
· Triple Damages for Bad Checks – Idaho Code section 1-2301A
· Landlord/Tenant Cases – Title 6, Chapter 3 of the Idaho Code
· Consumer Protection – Title 48, Chapter 6 of the Idaho Code; Idaho Code section 28-2-302; and Idaho Code sections 28-2-312 through 28-2-318
· Sale of Real Property – Title 55, Chapter 25 of the Idaho Code
· Comparative Negligence – Idaho Code section 6-801
· Claims Against Government Agencies – Idaho Code sections 6-901 through 6-929
If you need more information, you should talk to a lawyer. You cannot have a lawyer come with you to the hearing on your claim, but you can talk to a lawyer before and after the hearing to get more information and to get legal advice.
A court clerk can file your papers, show you other papers that have been filed with the court, and give you information about scheduling hearings and filing fees. A court clerk has some forms you can use for the papers you will need to file. A court clerk cannot tell you what to write on the forms, cannot give you legal advice, and generally cannot give you any other information that is not covered in the documents entitled Information for Plaintiffs in Small Claims Cases and Information for Defendants in Small Claims Cases.
Some counties have court assistance officers, which are located in selected courthouses throughout the state, who can help you. Court assistance officers are designed to link the public to lawyers and other legal services. You can call the court clerk in your county to find the court assistance office nearest you or you can check the C.A.O. web page.
Idaho State Law Library, (208) 334-3316
Idaho Supreme Court, (208) 334-2246, FAX (208) 334-2146
Idaho State Bar / Idaho Law Foundation, (208) 334-4500, FAX (208) 334-4515
Idaho Legal Aid Services, Inc., (208) 345-0106, FAX 342-2561
Idaho Volunteer Lawyers, 1-800-221-3295, FAX (208) 334-4515
University of Idaho Legal Aid Clinic, (208) 885-6541, FAX (208) 885-4628