Please read the Small Claims General Information
document to learn about the process of filing a Small Claims suit.
NON-SERVICE OF SMALL CLAIMS - SUMMONS-F.E.D OR AFFIDAVIT/ORDER
- If service has not been obtained by your court date, you may appear before the Judge presiding over your case and request to file an Alias at that time.
- If service has not been obtained on the Defendant prior to your court date and you wish to file an Alias BEFORE your court date, you are STILL REQUIRED TO ATTEND YOUR ORIGINAL HEARING.
A DEFENDANT MAY APPEAR IN COURT ON THEIR SET HEARING DATE WITHOUT HAVING BEEN SERVED WITH A SUMMONS-F.E.D OR AFFIDAVIT/ORDER AND WAIVE THEIR RIGHT TO SERVICE OF THE SUMMONS-F.E.D. OR AFFIDAVIT/ORDER. THE JUDGE PRESIDING OVER YOUR CASE WILL CONDUCT THE HEARING WITH OR WITHOUT YOUR PRESENCE. AS THE PLAINTIFF IN YOUR CASE, YOUR FAILURE TO BE PRESENT ON YOUR HEARING DATE WILL RESULT IN A DISMISSAL OF YOUR CASE.
The Servicemembers Civil Relief Act (SCRA), 50 App. U.S.C. 521 et seq. requires that in any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit stating whether or not the defendant is in military service and showing necessary facts to support the affidavit.
The DMDC website, https://www.dmdc.osd.mil/appj/scra/scraHome.do
is a free website where you can do a search to check if a person is of military status. An error page may appear before you can access the website. If the error page does appear, click the option "continue to this website (not recommended)." Disregard the "not recommended" comment as the website is okay to access.
Bring the Affidavit as to Military Service filled out with you to your court hearing to show the judge and then attach it to your journal entry to be filed in the case. Find the link to the Affidavit form at the bottom of the list.
Affidavit/Order Form to Complete and Print
Statement of Judgment
Counter or Setoff
Journal Entry (Default)
Notification of Small Claims Case Request Transferred to Civil Division of District Court
Notice of Renewal of Judgment
Release and Satisfaction of Judgment
Affidavit (multiple defendants)
Affidavit as to Military Service
Demand Before Suit 5/10 Day Notice (Quit)
Frequently Asked Questions