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Thousands of cases, millions of results
Small Claims
Judgments
A quick caution about small claims and contractor lawsuits
Every year many individuals contact us to tell us that they won a small claims case against a contractor and they want to go after the bond. Sorry, you are out of luck.
By law, any claim to be brought against a contractor where you want to also attach the bond can only be brought in superior court. The contractor must be served through the normal service of process as well as having the contractor, and its bond company, served through the Washington State Labor and Industries Contractor Registration office. Failure to do so will prevent the bond from being liable.
Also note that the statute of limitations for claim against a contractor bond is never more than 2 years (residential homeowners), and is often only 1 year.
Contractor bond claims cannot be brought in small claims court
What are small claims?
Small claims courts were created to provide an economic way for people to go to court for their civil disputes. Often small claims courts are used for small business debts such as unpaid rent, property damage from a car accident (if a person is injured they will typically hire an attorney), a complaint about a service provider, or generally any type of case where the person is seeking an award of money. For an individual the claim can be up to $10,000, but for a corporation or similar the limit is $5,000. The claim can be for more, but the most that can be awarded are those amounts.
By law, attorneys are not permitted to represent people at their small claims court hearing. Attorneys may aid in preparing and are generally used to enforce the judgments obtained during the small claims. Making the entire process free of outside attorneys and less strict rules is intended to keep the overall costs lower.
Small claims cases are started by filling notice of claim and serving the defendant. Most courts will schedule an initial settlement conference or similar hearing before the contested hearing. During the contested hearing (the trial) itself, both parties will be permitted to introduce evidence in a largely informal way. There are no strict rules of evidence, but there are still rules and requirements for what evidence will be allowed. There will not be a jury, and a judge will make a decision typically on the day of the hearing.
I won, now what?
After the small claims court enters its ruling it is the same as other judgments. The other side may appeal and they may make a payment. However, neither is typical. The court will not enforce the judgment and, like other judgments, it must be collected through normal judgment enforcement means. Typically, this will be wage or bank garnishments.
Your Partner Through the Process
If you’re ready to turn your judgment into dollars, we’re ready to help. Let’s find what’s collectible — and go get it.
Our clients often work hard to get their small claims judgments. Whether it was obtained by default or after a trial, they still had to figure out a process that is unusual for most, and not always straightforward. We congratulate you and are here to support in the next step of making sure that judgment gets paid. Our collection process ensures you are kept aware each step of the process and maximizes your chance of enforcement.
Sit back, we've got this
Small Claims, but big results
Small claims judgments are identical in almost every way to a normal judgment. They are enforced in the civil department of the district court (if not elevated to superior court) and even allow for attorney fees incurred during the collections process.
Obtaining a small claims judgment is a radically different process and procedure than other courts.
We regularly assist clients in enforcing their small claims judgments and preparing their cases before the judgment is granted.
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