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Small Claims

Common Questions About Small Claims

Small Claims Court is for money damages or debts up to $6,000.00. That is the most you can receive in Small Claims Court. If your claim is for more than the limit, you must:
Give up your right to receive more money; or
File your suit in another court. Click here to learn more about the Circuit and District Courts.

No, you are not required to have a lawyer for Small Claims Court. There will be a hearing before a Judge. There is no jury. However, you may have a lawyer if you wish. Click here for help finding a lawyer.

If you are filing the suit, then you are the Plaintiff, and the other person you are suing is the Defendant. In order to start an action, you must file the Small Claims Affidavit and Summons at the Circuit Court. The Defendant must be located in the county where you are filing your suit.

You can get a copy of the Affidavit and Summons forms at the Circuit Court office. Click here to find the Circuit Courts. You can also find the forms on the Self-Help Forms section of this website. The Small Claims Affidavit and Summons are easy to understand and fill-in. Please read all of the information on this page, and/or any additional instructions provided to you from the Circuit Court office.

The cost for filing in Small Claims Court is $10.00.

However, the Sheriff’s Office or private process server also will charge a fee for service of each Summons. You should contact the Clerk’s office for process server options, fees, and payment instructions. Click here for the Circuit Court Directory.

If you are suing two people in the same case, you will pay separately for service for each Defendant.

When you file your Small Claims suit, the Court Clerk will schedule a hearing date for your case. This is when you and the Defendant will present your case in court before the Judge.

The Clerk will tell you available dates and you can choose from those dates. Most cases are set within about a month’s time. Some courts only hear Small Claims cases on a certain day of the week, like Tuesdays or Wednesdays. You should check with the Clerk for available dates. Click here for the Circuit Court Directory.

Important! The court date must allow enough time to serve the Affidavit and Summons on the Defendant. According to Wyoming Court Rules, the Defendant has to be served in a nine-day window (3 to 12 days) before the scheduled court date. If the Defendant is not served in those nine days, the hearing cannot be held on your scheduled date. If that happens, you can ask the Clerk to issue an Alias Summons with a different court date. However, you will have to pay separately for each attempt to serve the Defendant.

The defendant must be served in person, meaning that the papers must be handed to the defendant. If the papers are not given to the defendant correctly or during the required time period, your case cannot go forward.

Most people use the Sheriff’s office or a private process server because they know how to serve the papers according to the law. The Sheriff’s service is available in all counties. However, not all counties have a private process server. You can check with your Circuit Court’s office to find out what service options are available. Click here for the Circuit Court Directory.

The Clerk will give a copy of the Affidavit and Summons to the process server. The server will make every attempt to serve the papers on your Defendant during the nine-day period required. You will need to call the court to check on the status of service. The Defendant must be served in time, or your case cannot go forward.

If the process server is successful in serving the Defendant, the server will sign and return the original Summons to the court and your case will go on as scheduled.

If the process server is not successful in serving the Defendant, you can ask the Court Clerk to issue an Alias Summons with a different Court date. This will give the process server another chance to serve the papers. However, you will be required to pay a separate service fee for each attempt to serve the Defendant.

Yes, but you should check with your Clerk’s office to learn available court dates and any special instructions. Click here for the Circuit Court Directory.

Important! You can file by mail, but you must show up in court to argue your claim. If you do not show up, your case will be automatically dismissed!

If you are filing your claim from outside your county, you must call the court before your court date to see if the Defendant was served. If the Defendant has not been served, you can request an Alias Summons with a new court date. You will also need to send another service fee for the process server.

If you have questions, call the Court Clerk’s office before completing the forms. If you do not fill out the forms correctly, the Clerk will return the forms to you, which may delay your court date.

The most important thing is to be there on time.
You should get together any papers, documents, bills, receipts or pictures that might have something to do with the case, and you should bring them with you when you appear for your trial.
You must bring three (3) copies of any evidence you wish to give to the Judge. You will give one copy to the Judge (the original, if possible); keep one copy for yourself; and give one copy to the other party.
You may also bring witnesses who can help explain why you are entitled to the money you are suing for. Make sure your witnesses know the exact date and time for the trial, and then make sure they show up!

If you need to have a witness show up and you do not think that he or she will appear voluntarily, you can ask the Clerk for a subpoena. The subpoena must be served at least five (5) days before your trial date. You will need an exact physical address for the witness, and the Sheriff or process server will charge you to serve each subpoena.

If the Plaintiff does not appear for the trial on the scheduled court date, the case will be dismissed.

If the Defendant does not appear, the Plaintiff will be sworn-in and will testify about the claim. Usually, this will result in a Default Judgment.

A Default Judgment means the Plaintiff has won the case for the amount claimed in the Affidavit (up to the limit of $6000.00, plus court costs), and the money must be paid by the Defendant. Court costs include the $10 filing fee plus any service fees paid to the sheriff or private process server.

Remember, there are no juries at a Small Claims hearing. It is a simple, informal hearing before the Judge.

If both parties appear at the hearing, the Plaintiff will first tell his or her story to the Judge.
The Plaintiff has the burden of proof, meaning that you must tell the Judge why every penny and item of the claim is due to you.
If you have papers, documents, photos or witnesses to help explain your case, use them.
You must bring three (3) copies of anything you want to give to the Judge as evidence.

When the Plaintiff has finished, the Defendant then gets a chance to tell his or her side to the Judge.
The Defendant may also use papers, documents, photos or witnesses.
Remember to bring three (3) copies of any papers, documents or photos that you want to give to the judge.

Both parties:
Should be clear and concise.
Should prepare your arguments in advance.
Should not be afraid to talk to the Judge, he is there to be fair to you.

After listening to both sides and seeing their evidence, the Judge will make a decision as to who is right and who is wrong, and who owes money to whom. If the Judge makes his or her decision immediately, the Clerk will give you (or arrange to mail to you) a copy of the Judgment.

If the Judge does not make a decision right away, the Judge will take the matter under advisement, which means that the Judge needs more time and that you will be notified later, by mail, of the decision.

Forms About Small Claims

Forms by Category

Small Claims Forms

Watch our instructional video for help filing a Small Claims Affidavit in Wyoming.

Fill Out the Forms Yourself or Use Guided Form Completion.

Using the links below, you can download and fill out any form in this packet. You can fill out the forms electronically (on the screen), or you can print them and fill them out using a pen.

You also have the choice to use Guided Form Completion. If you click a link for the Form-Filling Guide, you’ll be asked a series of questions about your information and your legal case. The Form-Filling Guide will use your answers to fill out the forms. At the end, you’ll get files of the forms that you can download and print, with your information already filled in.

Some Form-Filling Guides will walk you through only one form. Most Guides will help you fill out all of the forms that you need for a specific part of your legal process. You can check the list to find out which Guide will help with the forms you need.

Please Note: By law, the Courts cannot provide legal advice. If you need additional assistance or forms that are not provided on this site, you may wish to consult an attorney or the Equal Justice Wyoming website. Your use of this website, and any forms you use from it, is at your own risk and without any warranties by the State of Wyoming.

Please read the instructions carefully and review the Small Claims Court Rules before filing your case.

Filter: Open Accordion below to filter Forms Eligible for Court Navigator Assistance

Guided Form Completion

The link in this section will take you to the Form-Filling Guide. The Guide will ask you questions about your case. At the end, you will get filled-in forms that you can email, download, and print.

Links for the individual forms are available in the second section, below. Use those links if you would like to download and fill out the forms without using the Guide.

Name Interview
SC 01. Small Claims Affidavit Form-Filling Guide
Self Help Forms

The links in this section will let you download and fill out any form in this packet. You can fill out the forms electronically (on the screen) and then print them. Or you can print them and fill them out using a pen.

NOTE: To properly view and print your downloaded PDF forms: Avoid using your web browser’s built-in PDF viewer. Download the file directly to your computer. Open the file with an application (app) made for PDF files. Adobe Acrobat Reader is a trusted application. If you don’t use an application made for PDF files, your document files might look strange or work incorrectly.

Name PDF Word
SC 01. Small Claims Affidavit Download Download
SC 01a. Instructions for Small Claims Affidavit Download Download
SC 02. Small Claims Summons Download Download
SC 03. Small Claims Return of Service Download Download
SC 04. Small Claims Affidavit of Service Download Download
SC 05. Instructions for Summons and Service Download Download
SC 06. Judgment and Order Download Download
SC 07. Understanding a Judgment and Order Download Download
eFile Cover – SC 01. Small Claims Affidavit Download Download
eFile Cover – SC 02. Small Claims Summons Download Download
eFile Cover – SC 03. Small Claims Return of Service Download Download
eFile Cover – SC 04. Small Claims Affidavit of Service Download Download
eFile Cover – SC 06. Judgment and Order Download Download

Resources About Small Claims

Resources

Watch our instructional video for help filing a Small Claims Affidavit in Wyoming.

Self-Help Forms
The Wyoming Judicial Branch provides these do-it-yourself forms to help individuals represent themselves in court.