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

Ask for payment in writing

Connecticut doesn't require a demand letter before filing, but asking for payment in writing first is a good idea.

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

Check the limit and your deadline

In Connecticut you can sue for up to $5,000 in the Small Claims Session of the Superior Court.

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

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact, complete legal name with no abbreviations
• A street address where the defendant can be served
• The amount you're asking for and how you got that number
• A short plain description of what happened
• For an out-of-state person, the Connecticut property they own

Find the defendant's exact legal name

Check whether it's a corporation or LLC and find its agent; for a trade name, ask the town clerk where the business is.

Search: Connecticut Secretary of the State Business Records Search.

Gather your evidence

• 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

Get the right form

JD-CV-40: Small Claims Writ and Notice of Suit. Get the form.

Describe your claim clearly

• 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 $5,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the JD-CV-40 in front of a notary or a Commissioner of the Superior Court (any Connecticut lawyer).

Make copies

Keep a copy of the writ, and serve each defendant with a copy of the writ and the Instructions to Defendant (JD-CV-121).

File your claim

Choose how you'll file:

Where you live, where the defendant lives or does business, or where the deal or injury happened. Landlord-tenant cases go to the housing session where the property is. Businesses can't file where they themselves are located unless it fits one of the other places.

Pay the filing fee

$95 to file, the same for any amount. A counterclaim also costs $95. Service by a state marshal costs extra; service by mail costs only postage. Can't afford it? Ask for a fee waiver: Application for Waiver of Fees (form JD-FM-75).

Keep what the clerk gives you

The clerk sets an answer date, tells you, and mails the answer form to each defendant at the address you gave.

Have the papers served

You serve the papers yourself by certified mail (return receipt), priority mail or a national courier with delivery confirmation, or by a state marshal. Out-of-state businesses must be served by a marshal. Then file a Statement of Service (JD-CV-123).

Return the writ to court within one month after service. The clerk sets the answer date and mails the answer form to the defendant.

File proof of service

JD-CV-123 Statement of Service

You (or the marshal) fill it in after service and file it with the court, with mail receipts attached.

If service fails

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.

Watch for the defendant's response

The defendant must file an answer by the answer date and send you a copy. A counterclaim ($95) is also due by then.

Settling before the hearing

If you settle, file a withdrawal; once a judgment is fully paid, the creditor files a Satisfaction of Judgment (JD-CV-164) within 90 days.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk how to have a subpoena issued for a witness; it must be served before the hearing.

Prepare your file

• 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)

On the day

• You don't need to do anything after the answer date; the court will contact you
• Arrive early and check in with the clerk
• Bring copies of every document and your evidence in date order
• Bring your witnesses, or a subpoena if they won't come voluntarily
• The hearing isn't recorded and there's no jury

Tell your story

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

If someone doesn't show up

If the defendant doesn't answer, the magistrate may decide the case without a hearing. If you miss a hearing, your case can be dismissed.

Know the appeal rules

Neither side can appeal a small claims decision. If a defendant wants a jury or a regular trial, they must ask to move the case to the regular docket before the answer date ($125 fee).

Collect your money

The court doesn't collect for you. Ask for an execution ($105) so a state marshal can take wages, bank accounts or other property, or record a judgment lien on real estate. Executions can be used for 10 years.

Close the case once you're paid

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