Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Idaho doesn't require a demand before you file, but a written request for payment is good evidence and may settle the matter.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Idaho you can sue for up to $15,000 in the Small Claims Department of the Magistrate Division (District Court).
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and serve its registered agent (form CAO SC 2-2B explains service on a business).
1–2 evenings
CAO SC 1-2: Small Claims Form (with Summons CAO SC 1-1). Get the form.
Sign and date the claim; the clerk will tell you if any form must be signed under oath or notarized. The Affidavit of Service must be notarized or sworn.
Bring the original and at least one copy for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
The county where the defendant lives or where the problem happened. To sue the State of Idaho, file in the county where you live and also mail the papers to the Attorney General.
$69 to file. Sheriff service costs extra and varies by county (for example, $55 in Owyhee County). An appeal costs $81. Can't afford it? Ask for a fee waiver: Ask the clerk or Court Assistance Office for the fee waiver forms.
The clerk stamps your papers and gives you a case number. Then have someone else serve each defendant with the Summons, Claim, Information for Defendant and a blank Answer.
Right after filing
You can't serve the papers yourself. Use the sheriff, a process server, an adult who isn't part of the case, or certified mail through the clerk. The server files a sworn Affidavit of Service.
After being served, the defendant has 21 days to file an answer.
Affidavit of Service (CAO SC 2-1)
The person who served the papers completes and signs it for each defendant, and you file it with the court (or e-file it).
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant has 21 days after being served to file an Answer (CAO SC 3-1). The defendant can also file a counterclaim.
If you settle, file a dismissal with the clerk. If you settle in mediation, the mediator helps you sign a written agreement that the court can enter.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk for a subpoena if a witness won't come voluntarily; it must be served on the witness.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't answer within 21 days, you can ask for a default judgment with an Affidavit for Default (CAO SC 5-1). If you miss the trial, your case can be dismissed.
Weeks to months
Either side can appeal within 30 days of the judgment. A different magistrate hears the whole case again. The fee is $81.
The court doesn't collect for you. If they don't pay, you can ask for a writ of execution or garnish wages or a bank account; lawyers can help with collection.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.