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Idaho Small Claims Court

Small Claims Guide
• What it is
• Try to settle
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• If you win
• State-by-state guide

In Idaho, the Small Claims Department is the Magistrate's Division of the District Court.

Statues: Idaho Code, Code of Civil Procedure, Title 1, Ch. 23, Sections 01-15.

Dollar Limit:: $4,000. Where To Sue: Where defendant resides or where breach or injury occurred.

Service: Certified or registered mail with return receipt, sheriff or court-approved disinterested adult.

Hearing Date: Set by court; at least 14 days from service.

Attorneys: Not allowed.

Transfer: No provision.

Appeals: By either side for new trial; within 30 days to magistrate other than previous jurist.

Special Provisions: No jury trial. Right to sue may not be transferred. No punitive damages; no damages for pain or suffering. No eviction cases.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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September 6 2008

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