What Is a Small Claims Court in Rhode Island?
The Small Claims Court in Rhode Island handles civil cases involving financial settlements of $2,500 or less. These cases can be based explicitly on a contract, retail sale, or service. Cases on personal Injury, automobile damages, or accidents are not considered small claims in Rhode Island.
A person can only collect a money judgment in Small Claims Court. The judge can not order a person to do or not to do something.
Rhode Island Small Claims Courts allow individual litigants to appear before the court pro se(without legal representation). On the other hand, corporations are required to have an attorney represent them in Small Claims Court. However, corporations with less than $1 million in assets are not required to hire attorneys for small claims lawsuits.
How Does the Rhode Island Small Claims Court Work?
Rhode Island small claims cases are heard in the District Courts. Each District Court in Rhode Island has specific dates and times when they hear small claims cases. For instance, the 2nd Division District Court hears these matters on Monday at 9:00 a.m. In contrast, the 3rd Division District Court hears small claims cases on Tuesday, Thursday, and Friday by 9:00 a.m. Also, the 4th Division District Court holds small claims hearings on Monday at 9:00 a.m., while the 6th Division District Court hears these cases on Thursday by 1:30 p.m.
Anyone 18 years or above may start a case in the Rhode Island Small Claims Court. Individuals, partnerships, businesses, or corporations also have the right to sue another in court.
The small claims court's procedures are easy to navigate. Trials are held informally before judges and with no juries. The clerks and other staff of the District Court are not allowed to offer any legal advice regarding small claims actions. However, they can help with explaining the steps to take.
How to Take Someone to Small Claims Court in Rhode Island
According to Article X of the Supreme Court Rules Governing Electronic Filing, all small claims cases in Rhode Island must be filed electronically. The affected parties must use the Judiciary's Electronic Filing System to complete the process. However, self-represented litigants are not mandated to file their cases electronically, per the District Court rules.
To file a case, plaintiffs must complete a Small Claims Notice of Suit. In this form, the plaintiff must input the defendant's correct legal name and address. If the defendant is a business or corporation, the plaintiff must adequately address them using correct names and titles. Also, the plaintiff must provide a brief explanation of the event that led to the suit.
Plaintiffs must ensure that they file their suits in the appropriate court:
- The court in the defendant's residence.
- The court where the main office of a business is located. (If the defendant is a business.)
- The court where the event that caused the dispute occurred.
After the plaintiff files the complaint in the appropriate court, the party must serve the notice and the summons on the defendant via certified or registered mail. The defendant must answer the notice of small claims within twenty (20) days of this service. Failure to answer within this time will result in a judgment by default in favor of the complainant. The defendant's answer may be forwarded to the clerk of the District Court by mail. A copy must also be sent to the plaintiff. A defendant may also file a counterclaim if they believe the plaintiff owes them money.
Both litigants must be present on the day of the hearing. Anyone who will be absent from court on the day must inform the court by filing for continuance. However, the requester must have a genuine reason for such action.
Ahead of the hearing, the parties must gather information to defend their case. Also, it is expected that both parties have documents related to the case that may help prove their innocence and that the other party is wrong. Some of these documents include bills, receipts, contracts, canceled checks, letters, police reports, expert reports, photographs, and more. Litigants who intend to submit documents to the judge must come with photocopies.
Before the hearing date, litigants may decide to go through a voluntary mediation program. Mediation is a confidential process that is aimed at helping litigants resolve their conflict outside of the court. The mediation exercise is handled by a mediator trained in settling small claims disputes. The Center for Mediation & Collaboration of Rhode Island (CMCRI) conducts mediation activities in the state.
At the court hearing, the plaintiff and the defendant(s) will be allowed to present their cases and call witnesses. Some judges accept affidavits by witnesses who can not make it to court. Also, a case party can get a subpoena from the court for any witness who is not willing to come to testify in court.
Judgments in the Rhode Island Small Claims Court can be appealed to the Superior Court within two (2) days of entry.
How Much Can You Sue For in Rhode Island Small Claims Court?
The maximum amount of money a person or business can sue for in the Rhode Island Small Claims Court is $2,500.
How to Defend Yourself in Rhode Island Small Claims Court
After being served with a notice of small claims in Rhode Island, a defendant must gather evidence that will help fight the case. Vital documents such as receipts of money paid, written agreements, letters exchanged with the other party are some types of evidence that can be presented in court.
Another way to defend oneself in a Rhode Island Small Claims Court is to bring facts, dates, locations, and other information that corroborate the case to the court.
How Long Do You Have to Take Someone to Small Claims Court in Rhode Island
Anyone planning to file a Small Claims in Rhode Island must be aware of the statutes of limitations imposed by law. These statutes control the time limit a plaintiff has to sue someone for damages. Once the period passes, the plaintiff loses the right to sue the defendant forever. Hence, anyone who wants to pursue a small claims lawsuit in Rhode Island must do within the time stipulated by law. The law does not favor a plaintiff who procrastinates or delays for no genuine reason. These limitations include:
- Personal Injury - three years
- Property Injury - ten years
- Written contracts - ten years
What Happens If You Don't Show Up for Small Claims Court in Rhode Island?
It is important for both the plaintiff and the defendant to be present in court on the day of a small claims hearing. There are consequences for a litigant's absence.
For a plaintiff, the court may dismiss the case. In contrast, the court may enter a default judgment in favor of the plaintiff if the defendant is absent.
What are Small Claims Court Records in Rhode Island?
Small Claims Court records contain case information, case events, document filings, and all other records regarding the lawsuit. Rhode Island's Access to Public Records Act, enacted in 1979, gives all residents the right to access all public records, including small claims records.
Where Can I Find Rhode Island Small Claims Court Records?
Rhode Island Court records are accessible to the public per state law, and small claims records can be found through the office of the District Court clerk in the court where the case was filed and heard. Requesters can access court records via the Rhode Island Judiciary's public portal. With this database, the requesting party can search for a case record using the case number or case party's name.
