What Is a Small Claims Court in Wyoming?
The small claims courts in Wyoming are courts with limited jurisdiction over civil disagreements between private parties. Usually, these matters involve financial disputes, property damages, and personal property recovery, where the amount in question or the value of the property does not exceed $6,000, excluding costs and interest.
The Wyoming small claims courts are part of the state's circuit courts. Cases filed in the court are heard by a judge without a jury. However, litigants can request jury trials. Cases that are popular in Wyoming small claims courts include:
- Breach of contract
- Personal injury matters
- Return of property
- Non-payment or default on loan repayments
- Return of security deposits
- Tenant evictions
- Property damages
How Does the Wyoming Small Claims Court Work?
The small claims courts in Wyoming offer residents an informal legal platform to settle civil disputes. The cases brought to the small claims court may be between individuals or business entities. The party instigating the action is the "plaintiff," while the responding party is the "defendant."
The informal nature of the small claims court allows litigants to appear before the court without legal representation. This method of representing one's self is referred to as "pro se" representation. It ensures that the small claims courts remain accessible to the masses and litigation costs are reduced. However, pro se litigants are not restricted from seeking advice from an attorney in preparing the case, evidence, and witnesses, nor are other parties interested in hiring attorneys prohibited from doing so. A case party will be granted a continuance to hire an attorney if the other side opts for legal representation.
Small claims court cases in Wyoming are filed in the circuit court. To begin a case, a plaintiff must file a complaint (affidavit and summons) in the county where a defendant lives or where an incident took place. The affidavit and summons form can be retrieved online or from the circuit court. This form must be submitted to the circuit court clerk, along with the appropriate filing fee.
After filing, the defendant will be served with copies of the affidavit and the summons by a sheriff, process server, or via mail. When this happens, the defendant can choose to settle out of court or file a counterclaim. The counterclaim will be filed in the same fashion as the original claim. If an out-of-court settlement occurs, the case parties must inform the court.
Both parties in a small claims case will get a chance to present their case in court. This will involve telling their story, showing documents that will help win a favorable judgment, and calling witnesses to vouch for them. The judge will decide after listening to both sides. A losing party may appeal the ruling by filing a Notice of Appeal with the District Court. It is good to seek legal help before filing an appeal.
How to Take Someone to Small Claims Court in Wyoming
Before filing a claim in the Wyoming small claims court, a plaintiff must write to the defendant to inform them of the impending lawsuit if they fail to meet a demand. This request can also be made orally.
An individual can take someone to a small claims court in Wyoming by obtaining a Small Claims Affidavit form from the clerk, completing it, returning it to the circuit clerk's office, and paying the court fees. A plaintiff can also file a small claims action by mail. Plaintiffs who choose this option should contact the clerk for instructions.
To complete the affidavit, the plaintiff must have the defendant's correct legal name and address, as the defendant can only be sued in the county where they live (Wyoming Rules Governing Small Claims Cases, Rule 4). The plaintiff must also notarize the affidavit after filling it. This can be done by the circuit court clerk.
It costs $10 to file a small claims lawsuit and $50 to serve a defendant by a sheriff or private process server. A list of process servers can be procured from the court. Note that the filing fees will be added to the judgment if the plaintiff prevails in their lawsuit.
Complainants should note that a defendant can choose to file a counterclaim on receiving the summons and affidavit. This counterclaim will be resolved in the same hearing as the plaintiff's case. The defendant can also opt for an out-of-court settlement by contacting the plaintiff to pay damages or to return the property in dispute.
After service, the small claims court clerk will set a trial date. This date of appearance is usually not more than 20 days or less than 12 days from the date the summons was served (W.S. 1-21-204).
Small claims litigants are advised to prepare for their hearing. One way is to gather all evidence that can aid their case. They must appear for the trial on time. Parties to the case should also inform their witnesses of the date and time of the hearing and ensure that they show up. For witnesses who do not want to show up, they can be compelled with a subpoena. This must be done some days (at least five days) before the trial commences.
A small claims court trial is informal compared to other types of court cases. As such, parties are allowed to represent themselves, though they are allowed legal representation. Both sides will be allowed to state their cases and present to the judge any evidence they may have, such as pictures, documents, receipts, bills, and witnesses. Usually, the plaintiff goes first. After the plaintiff's presentation, the judge will allow the defendant to present their case in the same manner. Both litigants may be permitted to cross-examine each other's witnesses.
At the end of the trial, the judge will announce a judgment and issue a copy to both parties. The losing party may decide to appeal the judgment to the District Court. This must be done no more than thirty days after the judgment is entered. Additional information on the appeal process can be obtained from the clerk's office.
In the absence of an appeal, the party awarded the judgment can go ahead and collect their judgment. This collection can be done by garnishing wages, bank accounts, or filing a writ of execution.
How Much Can You Sue For in Wyoming Small Claims Court?
The limit of the Wyoming small claims court is $6,000. This figure applies to every case brought to the court, whether for recovery of funds, recovery of property, or monetary compensation. A plaintiff whose claim exceeds this limit can still take advantage of the small claims court. However, they must reduce their claim to the small claims court's limit.
How to Defend Yourself in Wyoming Small Claims Court
Usually, a defendant (the sued party) will be notified of a small claims case when served with an affidavit and summons by a sheriff, process server, or mail. These documents will indicate the date of a trial, and all defendants must plan to attend this hearing. Absence from court proceedings can lead to a default judgment against the defendant. This means that the judge will give the plaintiff the amount they demanded, plus interest and court costs.
To avoid a trial, a defendant may reach out to the plaintiff to settle outside the court. This is especially encouraged if the defendant knows the plaintiff's claim is fair. Also, it saves one's time and limits additional expenses. Litigants who decide to settle out of court will need to inform the court in writing afterward to dismiss the case.
However, when the defendant is convinced that the plaintiff's claim is incorrect and such a party is liable for the damages, the defendant may file a counterclaim. This requires the same steps as filing a new claim. Any defendant who submits a counterclaim will need to plan their defense to the plaintiff's claim while preparing to make their claims in court.
Defendants preparing for a court hearing will need evidence to support their case. This can include letters, business documents, receipts, photographs, and contracts. It is encouraged that they write out their statement to present a logical and coherent argument without contradictions.
How Long Do You Have to Take Someone to Small Claims Court in Wyoming?
Wyoming statutes of limitations outline the time after an incident within which the small claims court will no longer be legally able to hear a case. These statutes of limitations range from 4 to 10 years and are as follows:
- 10 years for written contracts
- 8 years for oral contracts
- 4 years for personal injury claims
- 4 years for property damage claims
Note that the sooner a litigant files their case, the better. A case that passes its statute of limitations will be dismissed by the court, even when there is a clear liability on a defendant's or plaintiff's part.
What Happens If You Don't Show Up for Small Claims Court in Wyoming?
In the Wyoming small claims court, when a defendant does not show up for a hearing, the plaintiff who is present will be sworn in and asked to testify regarding their claim. Even though the plaintiff still has to make their case before the judge, these cases will typically end with a default judgment entered against the defendant. When the plaintiff is absent, the case will be dismissed by the judge unless the defendant filed a counterclaim. In that case, the court may enter a default judgment against the plaintiff.
What are Small Claims Court Records in Wyoming?
Small claims court records are the documents generated, obtained, or accepted during a court case. These records include dockets, affidavits, summons, motions, evidence, and orders. The records can be in electronic, paper, or other forms and can be accessed by members of the public. In Wyoming, these courts must release these records no more than 30 days after an individual submits a request.
Where Can I Find Wyoming Small Claims Court Records?
The Wyoming Public Records Act grants residents access to public records, files, and books of government agencies in the state. As courts are government agencies, their records fall within the purview of this act. Thus, interested individuals can access these records to review them or make copies, except for records that are restricted from public access and confidential.
A person interested in finding Wyoming court records in person will need to know the county where the records are located. Usually, it is the one where the case was filed. When discovered, the individual can visit the circuit court clerk's office to inspect or copy the record in question, as the small claims court is part of the circuit court. Interested parties can locate the circuit courts in the state from the Wyoming Judicial Branch website.
It is also possible to obtain small claims records by mail or online using the Wyoming E-Filing application.
