Rhode Island Small Claims Courts

Rhode Island's District Courts handle small claims cases and civil disputes for less than $5,000. The district court uses simplified procedures and pleadings that allow most people to represent themselves.

The following links provide more information about Rhode Island's small claims courts:

• Small Claims Guide: The Rhode Island Judiciary briefly guides its small claims court process.
• How to File a Small Claims Case: The Rhode Island Judiciary also published a guide explaining the small claims process and how to file a small claims case in district court.
• Rhode Island General Laws, Title 10, Chapter 16: The laws governing Rhode Island's small claims courts.
• District Court Rules of Small Claims Procedure: The rules of civil procedure for small claims in district court.
• District court forms: The small claims forms you may need in your case.

This article describes Rhode Island's small claims court rules and procedures. For more information, consider contacting a civil litigation attorney.

Rhode Island Small Claims Explained

Rhode Island designed its small claims process to allow parties to resolve their civil cases quickly and inexpensively. The District Court's informal small claims procedure allows most parties to pursue their claims without hiring attorneys.

But, small claims cases use the District Court Rules of Small Claims Procedure and apply the rules of evidence. Some parties may want to contact a civil litigation attorney for legal advice.

Rhode Island's small claims courts only handle certain types of civil claims. They can adjudicate the following types of cases that award money:

• Contract disputes
• Disputes about the recovery of a bill or fee (like collections)
• Consumer protection cases

The small claims court can't hear the following types of cases:

• Personal injury claims
• Negligence cases
• Property damage
• Claims that would demand someone to do something other than pay money (like return personal property)
• Claims that force someone to stop doing something

As noted above, the small claims court may award up to $5,000 in a single case. Plaintiffs (the person or entity filing the lawsuit) whose claims exceed $5,000 may file their cases in the superior court.

How to File a Small Claims Case

A plaintiff starts their small claims case by filing a Small Claims Notice of Suit — Complaint form and a Civil Case Cover Sheet in an appropriate district court. The form is available at the district court or online.

The complaint specifies the following information:

• The plaintiffs and defendants in the case, along with their addresses
• The amount of the money the plaintiff alleges the defendant owes them ($5,000 or less, exclusive of fees and costs)
• A description of the dispute giving rise to the plaintiff's claims

The complaint form also asks the plaintiff whether they intend to call an expert witness to testify in the case.

The court will charge a filing fee of $75.75 when the plaintiff files their case. If the plaintiff wins their case, the court may award them the cost of their fees.

If a plaintiff can't afford the filing fee, they may ask the court clerk about applying for a fee waiver. The court clerk can give parties information about small claims filing rules and procedures, but they can't give legal advice. Contact your court clerk's office for more details.

Where and When to File

Plaintiffs generally must file their small claims cases in the district court in the judicial district where the defendant lives.

According to Rhode Island Supreme Court rules, plaintiffs must file their small claims cases online. You may apply for an e-filing waiver in certain circumstances, like if you're in jail.

The complaint form lists the following locations for filing a small claims case:

• Murray Judicial Complex in Newport, Rhode Island (2nd Judicial District)
• Noel Judicial Complex in Warwick, Rhode Island (3rd Judicial District)
• McGrath Judicial Complex in Wakefield, Rhode Island (4th Judicial District)
• Garrahy Judicial Complex in Providence, Rhode Island (6th Judicial District)

Civil claims typically have a statute of limitations. The statute of limitations is when a person bringing the claim must file the lawsuit. If a party fails to file their claim within the statute of limitations, the court can't hear the case.

Serving the Defendant

Once the plaintiff files their claim and pays the filing fee, they must serve the defendant with notice of the lawsuit. This involves ensuring the defendant receives the complaint, an answer form, and several more small claims forms. Failing to serve the defendant properly will prevent the court from hearing your case.

The plaintiff cannot serve the defendant. Instead, they must use one of the following methods:

• Contact the sheriff's office and pay them a fee to serve the defendant
• Contact a private process server and pay their service fee
• Ask the court to mail the documents to the defendant via certified mail with a return receipt requested

If the plaintiff uses the sheriff's office or a private process server, they must file a served summons with the court clerk. Otherwise, the court will not hear the case. Ask the court clerk about service by certified mail for information about how the court receives proof of service.

Responding to a Small Claims Case

A defendant who gets notice of a small claims case against them must file an answer to the complaint. They must file their reply within 20 days of receiving service of the lawsuit. If they fail to file a timely answer, the court may enter a default judgment in the plaintiff's favor. This usually means the plaintiff wins the case, and the defendant must pay the claimed amount.

A defendant who has claims against the plaintiff may file a counterclaim. They can't file a counterclaim in the small claims court if it exceeds $5,000. If the defendant files a counterclaim, they lose their right to appeal the small claims court's judgment if they lose at trial.

Once the defendant files an answer, the court will set a trial and inform the parties of the court date.

Before the Trial

The parties can work together to settle their case before the small claims court trial. If they settle their dispute, they must let the court clerk know.

In preparation for the trial, parties may gather relevant evidence to introduce at the trial. This may involve making copies of any leases, insurance policies, or other contracts in a contract dispute.

Parties may also secure witnesses to testify at the trial. If a witness informs the parties they do not intend to appear at the trial, the party may issue a subpoena to compel their appearance.

The Small Claims Trial

The parties should plan to attend the scheduled small claims court trial in person. The court may dismiss the case if the plaintiff does not appear at the trial. If the defendant doesn't appear, the court may enter a default judgment in favor of the plaintiff.

The plaintiff will present their side of the case first. This may include giving an opening argument, introducing evidence, testifying, or calling witnesses to testify. The defendant presents their arguments when the plaintiff finishes presenting theirs.

The judge will issue a money judgment once the case concludes. They may issue their judgment immediately, or they may give it at a later time.

Plaintiffs can't appeal the small claims court's judgment. Defendants may appeal the decision but must do so within 48 hours of the judgment's date. But, a defendant who loses their counterclaim cannot appeal the judgment. If the defendant wins in their counterclaim, the plaintiff may appeal it. The superior court will hear all appeals.

Enforcing a Judgment

The party that owes money per the judgment is the judgment debtor. The party they owe money to is the judgment creditor. The court will not collect the judgment for the creditor. Instead, the creditor must collect the money owed from the debtor.

The parties may discuss how the debtor will make payment to the creditor. If the debtor can't or doesn't pay the judgment, the creditor has several options to enforce the judgment. These methods include:

• They may get a writ of execution, which allows the sheriff to seize some of the debtor's property and sell it at auction. The creditor can use that money to meet the judgment.
• They may get a writ of garnishment, which allows them to garnish the debtor's wages and bank account. If they garnish the debtor's wages, the debtor's employer will withhold money from the debtor's paychecks and send the withheld wages to the court. The court will then distribute the wages to the creditor.
• They may force the debtor to show cause for the delay in payment.

The judgment debtor and creditor have certain rights in enforcing a judgment. For more information, read the District Court Rules of Small Claims Procedure.

Contact an Attorney

Small claims disputes often involve relatively small amounts of money, and the procedures allow many people to represent themselves. But, state law allows people to hire attorneys. Contact an experienced civil litigation attorney if you have a small claims case.