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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.

Other Resources:

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



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