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Vermont · Filing guide · Small Claims, Civil Division of the Vermont Superior Court

How to file a small claims case in Vermont, step by step

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.

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Before you file

1–3 weeks before filing

Vermont's small claims rules don't require a demand letter before filing.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Vermont you can sue for up to $10,000 in the Small Claims, Civil Division of the Vermont Superior Court.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served (not a P.O. box)
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened

Use the company's official name and the address of its registered agent or an officer.

Search: Vermont Secretary of State business search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

100-00257: Small Claims Complaint. Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $10,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the complaint; no notary is needed.

Bring the original plus one copy for each defendant and one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineStatewidePeople without lawyers may e-file in any Superior Court but don't have to; if you start e-filing in a case, you generally must keep doing so. You can also file in person, by mail or by email. eFile & Serve (eFileVT)
In personTake your Small Claims Complaint to the Civil Division clerk in the right county and pay the fee.
By mailYou can mail or email the complaint and fee to the Civil Division; call the clerk to confirm how to pay.

The Civil Division of the Superior Court in the county where you or the defendant lives.

$65 for claims of $1,000 or less and $90 for claims over $1,000. A sheriff or constable charges extra if mail service doesn't work. Can't afford it? Ask for a fee waiver: Application to Waive Filing Fees and Service Costs.

The court sends you a packet. Within 7 days, mail it to the defendant by first-class mail and send a Certificate of Service (100-00260) to the court and the defendant.

Serve the defendant

Right after filing

Within 7 days of getting the court packet, mail the papers to the defendant by first-class mail and file a Certificate of Service. If they don't answer within 30 days, have a sheriff or constable serve them.

Mail within 7 days. If a sheriff or constable is needed, file their return within 60 days of the first mailing or the case may be dismissed.

Certificate of Service – Small Claims (100-00260)

You fill it in after mailing. If a sheriff serves instead, they complete the Sheriff's Return of Service (100-00261), which must be filed within 60 days of the first mailing.

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.

Before the hearing

1–4 weeks before

The defendant has 30 days to file a Small Claims Answer (100-00126) and can include a counterclaim.

If you settle, put it in writing, have both sides sign it, and file it with the court.

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 and have it served on the witness.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Arrive early and check in with the clerk
  • Bring three copies of every document and your evidence in date order
  • Bring your witnesses, or a subpoena if they won't come voluntarily
  • Turn your phone to silent; dress neatly
  • If the claim is over $3,500, the defendant can ask for a special assignment to a Superior Court judge

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If no answer is filed, ask for a default judgment (100-00262) within 60 days of the answer deadline or the case may be dismissed. If you miss the trial, your case can be dismissed.

After the judgment

Weeks to months

Either side can appeal within 30 days of the judgment ($120 fee). A different judge reviews the record; there is no new trial, and only legal mistakes can be raised.

The court doesn't collect for you. If they don't pay within 30 days, ask for a financial disclosure hearing, wage garnishment (trustee process) or a writ of execution.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Vermont

Vermont Law Help: Small claims court

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