Small claims court in Gem County, Idaho
In Gem County, small claims cases up to $15,000 are heard by the Magistrate Division, Gem County District Court. Here is where it is, how to reach it and how to file.
Where to file in Gem County
Magistrate Division, Gem County District Court
Address: 415 East Main Street, Emmett, ID 83617 · Map
Phone: 208-365-4221
Online filing: available, per the court
Court addresses, phones and hours change. Call the clerk before you go, and ask whether small claims are filed at this location.
Is this the right county?
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.
If the person or business you are suing is in another county, use that county's court instead. See all Idaho counties.
How to file in Gem County
Ask for payment in writing
Idaho doesn't require a demand before you file, but a written request for payment is good evidence and may settle the matter. Make a free demand letter.
Fill in the claim (CAO SC 1-2)
Small Claims Form (with Summons CAO SC 1-1) Get the form.
File it with the Magistrate Division, Gem County District Court and pay the fee
$69 to file. Sheriff service costs extra and varies by county (for example, $55 in Owyhee County). An appeal costs $81. Fee waiver: Ask the clerk or Court Assistance Office for the fee waiver forms.
Have the papers served
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.
Go to the hearing
The clerk mails a hearing notice after the defendant answers or the 21 days pass. The court may send the case to mediation before trial. Timing varies by county. Bring receipts, photos, messages, the contract and your demand letter, with copies.
Want every detail? The full Idaho filing guide covers each stage with a checklist.
Open the filing guideCommon questions
Where is small claims court in Gem County?
Small claims in Gem County are filed with the Magistrate Division, Gem County District Court, 415 East Main Street, Emmett, ID 83617. Phone: 208-365-4221.
How much can I sue for in Gem County small claims court?
Up to $15,000. Since July 1, 2026, you can sue for up to $15,000 (it was $5,000 before). Small claims can't award punitive damages or money for pain and suffering.
How much does it cost to file in Gem County?
$69 to file. Sheriff service costs extra and varies by county (for example, $55 in Owyhee County). An appeal costs $81. Fee waiver: Ask the clerk or Court Assistance Office for the fee waiver forms.
Can I file a small claim online in Gem County?
Yes. The court says online filing is available for small claims. Check the court website for the e-filing system and any fees.