INDEX FOR THIS PAGE
-- Filing a case in D.C. Small Claims Court
-- Form of Complaint in D.C. Small Claims Court
-- Form of Complaint in Civil Case (general -- may be over $5000)
-- Form of Answer of defendant in civil case
-- Form of Answer of defendant in Small Claims Court
--Content of an Answer: Collection action
-- Motion to vacate judgment
-- Filing a case in D.C. Small Claims Court
-- Form of Complaint in D.C. Small Claims Court
-- Form of Complaint in Civil Case (general -- may be over $5000)
-- Form of Answer of defendant in civil case
-- Form of Answer of defendant in Small Claims Court
--Content of an Answer: Collection action
-- Motion to vacate judgment
Filing a case in D.C. Small Claims Court
The D.C. Small Claims Court limit is $5,000.
The time limit for bringing suit depends on the kind of claim. For a suit on a written contract, 6 years. On an oral contract, 3 years. 3 years for an action for property damage or personal injury.
The Small Claims Court provides a useful handbook that, among other things:
o gives a short description of the D.C. Superior Court Rules of Civil Procedure (SCR-Civ) for the Small Claims and Conciliation Branch.
o provides information on filing and serving a small claims complaint (called a statement of claim) and papers that are filed after that.
o explains about the first court date when the parties appear before the judge (called the initial hearing).
o explains alternative dispute resolution (also known as mediation).
o explains procedures at the trial when the parties give their evidence to the judge, and what happens after the trial.
The handbook is at
http://www.dccourts.gov/internet/documents/SmallClaimsHandbook-2012.pdf
The Spanish language version is at
http://www.dccourts.gov/internet/documents/SmallClaimsHandbook_Spanish.pdf
Form of Complaint in D.C. Small Claims Court
See
http://forms.lp.findlaw.com/form/courtforms/state/dc/dc000020.pdf
The D.C. Small Claims Court limit is $5,000.
The time limit for bringing suit depends on the kind of claim. For a suit on a written contract, 6 years. On an oral contract, 3 years. 3 years for an action for property damage or personal injury.
The Small Claims Court provides a useful handbook that, among other things:
o gives a short description of the D.C. Superior Court Rules of Civil Procedure (SCR-Civ) for the Small Claims and Conciliation Branch.
o provides information on filing and serving a small claims complaint (called a statement of claim) and papers that are filed after that.
o explains about the first court date when the parties appear before the judge (called the initial hearing).
o explains alternative dispute resolution (also known as mediation).
o explains procedures at the trial when the parties give their evidence to the judge, and what happens after the trial.
The handbook is at
http://www.dccourts.gov/internet/documents/SmallClaimsHandbook-2012.pdf
The Spanish language version is at
http://www.dccourts.gov/internet/documents/SmallClaimsHandbook_Spanish.pdf
Form of Complaint in D.C. Small Claims Court
See
http://forms.lp.findlaw.com/form/courtforms/state/dc/dc000020.pdf
Form of Complaint in Civil Case (general -- may be over $5000)
See
http://forms.lp.findlaw.com/form/courtforms/state/dc/dc000079.pdf
See
http://forms.lp.findlaw.com/form/courtforms/state/dc/dc000079.pdf
Form of Answer of defendant in civil case
See:
Form of Answer of defendant in Small Claims Court
See:
Content of an Answer: Collection action
Completing the Court-provided Answer form without the help of a lawyer is not an easy task, even if the Complaint was filed in Small Claims Court. We strongly recommend getting the help of a lawyer, even if the help must be limited to coaching. Depending on your income, lawyer coaching may be available from a consumer help resource, such as the DC Bar's pro bono clinic.
The points below suggest some of the information that may be included in completing the Court's Answer form where the action is one for collection of a debt.
If you deny some or all of the allegations of the Complaint you might say this:
I deny all the statements made by Plaintiff in the Complaint except I admit the following statements in the Complaint [include those you admit].
If you find some statements in the Complaint that you don't know about, you might say this:
I do not know whether the following statements in the Complaint are true [list those you don't know about].
In a collection case where your point is that you don't owe the amount alleged, you might say this:
I do not owe the amount of money Plaintiff alleges because (include any that apply):
I dispute the amount due. I paid my balance in full.
I paid an amount agreed to by Plaintiff or the original creditor to settle the dispute.
I don't owe the money at all because [complete the thought]
If you were not properly served with the Complaint and Summons you may want to say so.
A few of other possible points you might want to include:
Plaintiff does not own the alleged debt (in legal language, lacks standing to sue).
(Particularly in a Small Claims case, where key agreement documents must be attached to the Complaint) Plaintiff has failed to indicate the existence of an agreement on which its claim is based, such as a Contract, Promissory Note, Cardholder or other account agreement.
If you are a minor or were incapacitated you might say: I did not have the capacity to enter into a contract with Plaintiff at the time the contract was signed because I was a minor (under the age of 18), 0r, I did not have the mental capacity to make a contract.
If you believe that the agreement was fraudulent or unconscionable, you might state that and explain why.
COUNTERCLAIMS
A Defendant in a debt collection action may have a variety of counterclaims that could be asserted as an addition to the Answer rather than made part of a separate legal action. We are not discussing possible counterclaims here because of the complexity.
Similar to the filing of an original Complaint there will be a filing fee for a counterclaim.
EXEMPT INCOME
If you have income that can't be reached by a debt collection action,you might say this:
Notice of Exempt Income: My income is legally protected from creditors. Some or all of my income is from the following source(s) (include any that apply): Public Assistance, Social Security, Veterans benefits, child support, spousal maintenance, workers compensation, unemployment, public and private pensions, military service members pay, other.pay
A FEW FORMALITIES:
Insert, as applicable, that you are requesting that a judge, or instead, a jury decide your case. There may be a fee for a jury unless it is waived. Sign the Answer along with this statement: "I have read my Answer and declare under penalty of perjury that all the foregoing information is true and accurate to the best of my knowledge and belief." Include Address and Phone number. Execute before a notary.
SERVICE
You must serve all other parties with a copy of the Answer. If a party has a lawyer, you must serve the lawyer instead of the party. You will need to execute a form indicating service was made. It must include the signature of the person who hand-delivered or mailed a copy of the Answer.
Completing the Court-provided Answer form without the help of a lawyer is not an easy task, even if the Complaint was filed in Small Claims Court. We strongly recommend getting the help of a lawyer, even if the help must be limited to coaching. Depending on your income, lawyer coaching may be available from a consumer help resource, such as the DC Bar's pro bono clinic.
The points below suggest some of the information that may be included in completing the Court's Answer form where the action is one for collection of a debt.
If you deny some or all of the allegations of the Complaint you might say this:
I deny all the statements made by Plaintiff in the Complaint except I admit the following statements in the Complaint [include those you admit].
If you find some statements in the Complaint that you don't know about, you might say this:
I do not know whether the following statements in the Complaint are true [list those you don't know about].
In a collection case where your point is that you don't owe the amount alleged, you might say this:
I do not owe the amount of money Plaintiff alleges because (include any that apply):
I dispute the amount due. I paid my balance in full.
I paid an amount agreed to by Plaintiff or the original creditor to settle the dispute.
I don't owe the money at all because [complete the thought]
If you were not properly served with the Complaint and Summons you may want to say so.
A few of other possible points you might want to include:
Plaintiff does not own the alleged debt (in legal language, lacks standing to sue).
(Particularly in a Small Claims case, where key agreement documents must be attached to the Complaint) Plaintiff has failed to indicate the existence of an agreement on which its claim is based, such as a Contract, Promissory Note, Cardholder or other account agreement.
If you are a minor or were incapacitated you might say: I did not have the capacity to enter into a contract with Plaintiff at the time the contract was signed because I was a minor (under the age of 18), 0r, I did not have the mental capacity to make a contract.
If you believe that the agreement was fraudulent or unconscionable, you might state that and explain why.
COUNTERCLAIMS
A Defendant in a debt collection action may have a variety of counterclaims that could be asserted as an addition to the Answer rather than made part of a separate legal action. We are not discussing possible counterclaims here because of the complexity.
Similar to the filing of an original Complaint there will be a filing fee for a counterclaim.
EXEMPT INCOME
If you have income that can't be reached by a debt collection action,you might say this:
Notice of Exempt Income: My income is legally protected from creditors. Some or all of my income is from the following source(s) (include any that apply): Public Assistance, Social Security, Veterans benefits, child support, spousal maintenance, workers compensation, unemployment, public and private pensions, military service members pay, other.pay
A FEW FORMALITIES:
Insert, as applicable, that you are requesting that a judge, or instead, a jury decide your case. There may be a fee for a jury unless it is waived. Sign the Answer along with this statement: "I have read my Answer and declare under penalty of perjury that all the foregoing information is true and accurate to the best of my knowledge and belief." Include Address and Phone number. Execute before a notary.
SERVICE
You must serve all other parties with a copy of the Answer. If a party has a lawyer, you must serve the lawyer instead of the party. You will need to execute a form indicating service was made. It must include the signature of the person who hand-delivered or mailed a copy of the Answer.
Motion to vacate judgment
The motion it vacate is used when a judgment has already been entered against you.
Language from local Rule 60:
Rule 60.
* * * * *
(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.
On motion and upon such terms as are just, the Court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This Rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. * * * *
A sketch of a motion to vacate follows, which provides as idea of how the motion is intended to work. If you think a motion to vacate applies to your situation, please consult an attorney such as those at the DC Bar's monthly Pro Bono Clinic. The attorney can help you complete a motion to vacate that fits your situation. D.C. LawHelp provides a detailed step by step Q and A method to allow you to complete a motion tailored to the situation in a landlord-tenant case where a judgment has been entered against you as tenant. To use the Law Help form, go to: http://www.lawhelp.org/dc/resource/self-help-court-form-motion-to-vacate-default
IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
Civil Division
<The Original Plaintiff> Plaintiff,
vs. No. <COURT Number>
<YOU> ,
Defendant.
1. Plaintiff appears Pro Se, without an attorney, and requests that
the Court enter an order vacating the judgment entered in this action
and staying enforcement of the judgment until this motion can be heard.
2. This motion is based on the following grounds: <Enter
reasons: you weren't properly served, the judgment was entered even
though you filed the right paperwork, etc.>
Dated: .
______________________________
Defendant(s) (Signature)
Defendant(s) Name (Print)
Address
Telephone Number
The motion it vacate is used when a judgment has already been entered against you.
Language from local Rule 60:
Rule 60.
* * * * *
(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.
On motion and upon such terms as are just, the Court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This Rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. * * * *
A sketch of a motion to vacate follows, which provides as idea of how the motion is intended to work. If you think a motion to vacate applies to your situation, please consult an attorney such as those at the DC Bar's monthly Pro Bono Clinic. The attorney can help you complete a motion to vacate that fits your situation. D.C. LawHelp provides a detailed step by step Q and A method to allow you to complete a motion tailored to the situation in a landlord-tenant case where a judgment has been entered against you as tenant. To use the Law Help form, go to: http://www.lawhelp.org/dc/resource/self-help-court-form-motion-to-vacate-default
IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
Civil Division
<The Original Plaintiff> Plaintiff,
vs. No. <COURT Number>
<YOU> ,
Defendant.
1. Plaintiff appears Pro Se, without an attorney, and requests that
the Court enter an order vacating the judgment entered in this action
and staying enforcement of the judgment until this motion can be heard.
2. This motion is based on the following grounds: <Enter
reasons: you weren't properly served, the judgment was entered even
though you filed the right paperwork, etc.>
Dated: .
______________________________
Defendant(s) (Signature)
Defendant(s) Name (Print)
Address
Telephone Number