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hird Judicial District Court home page
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
