Small claims in Utah.
Utah's small claims courts offer a streamlined process for resolving monetary disputes up to $20,000, with simplified procedures and no requirement for legal representation.
- Most you can sue for$20,000Same cap for individuals and businesses
- Filing fee$60-$185Tiered by claim amount
- CourtJustice Court
- Lawyers at trialAllowedPermitted but not required
- Appeal window10 daysTrial de novo in district court
- Recent changeIncreased claim limitAs of January 1, 2025, the maximum claim amount increased to $20,000
Find your situation.
Utah small claims handles money disputes up to $20,000 (or $20,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Utah allows you to file claims for breaches of contract and money owed, with a statute of limitations of 6 years for written contracts and 4 years for oral contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims courts in Utah do not have jurisdiction over eviction proceedings.
Try instead: District Court
Title to real estate
Disputes involving the title to real property are beyond the jurisdiction of small claims courts.
Try instead: District Court
Defamation
Claims involving defamation, such as libel or slander, are not handled in small claims courts.
Try instead: District Court
Malpractice
Professional malpractice claims require more complex proceedings than small claims courts can provide.
Try instead: District Court
Family law matters
Issues such as divorce, child custody, and support are outside the jurisdiction of small claims courts.
Try instead: Family Court
Probate matters
Disputes involving wills, estates, and trusts are not handled in small claims courts.
Try instead: Probate Court
Claims against the federal government
Small claims courts do not have jurisdiction over claims against federal entities.
Try instead: Federal Court
Class actions
Class action lawsuits are beyond the scope of small claims courts.
Try instead: District Court
Injunctions and specific performance
Small claims courts can only award monetary damages, not equitable relief.
Try instead: District Court
Workers' compensation claims
These claims are handled by the Utah Labor Commission, not small claims courts.
Try instead: Utah Labor Commission
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention. For bad check claims, a 30-day notice is required before filing.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Justice Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Utah: Availability of e-filing depends on the specific Justice Court; check with the court where you plan to file.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 30 days before the hearing (in the same county) or 30 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. Court clerk sends the papers via certified mail to the defendant.
- Private process server. A licensed individual serves the papers to the defendant.
File the proof of service (SC-9) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, the court may allow service by publication as a last resort.
If the defendant is evading service, document all attempts and consider alternative methods like service by publication.
Show up to the hearing
Bench trial with each side presenting their case; typically lasts 30-60 minutes.
Lawyers at trial: Allowed. Parties may be represented by attorneys, but it is not required.
When you’ll get the decision: On the spot or mailed within a few weeks.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must present evidence to support the claim before a judgment is entered.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear at the scheduled hearing.
Counter-suing the plaintiff: Allowed using SC-2 (Counter Affidavit). Serve the plaintiff at least 15 days before trial (same county) or 15 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 0% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds and remits a portion of the debtor's wages to satisfy the judgment.
Cost: $50 plus service fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
File a writ of garnishment targeting the debtor's bank account, serve the bank, and the bank freezes and remits funds to satisfy the judgment.
Cost: $50 plus service fees
Notes: Effective if debtor maintains sufficient funds in bank accounts.
What’s protected:
- Certain amounts may be exempt under state law
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
File an abstract of judgment with the county recorder to place a lien on the debtor's real property, which must be satisfied upon sale or refinancing.
Cost: $50 plus recording fees
Notes: Effective if debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemptions may apply
Writ of execution
Seize and sell debtor's non-exempt property to satisfy the judgment.
How it works
File a writ of execution with the court, serve the debtor, and law enforcement seizes and sells non-exempt property to satisfy the judgment.
Cost: $50 plus sheriff fees
Notes: Effective if debtor owns valuable non-exempt property.
What’s protected:
- Certain personal property may be exempt under state law
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order in which liens are recorded.
Can you appeal if you lose?
either
- Deadline: 10 days from the judgment notice.
- Filing fee: $225.
- Form: SC-3 — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the district court, as if the original trial had not occurred.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Why cases get dismissed.
Filing in the wrong venue
What goes wrong: Filing in the incorrect court can lead to dismissal or transfer, causing delays and additional costs.
How to avoid it: Ensure you file in the county where the defendant resides or where the claim arose.
Exceeding the monetary limit
What goes wrong: Claims exceeding $20,000 are not eligible for small claims court and must be filed in a higher court.
How to avoid it: Verify that your claim amount, excluding interest and court costs, does not exceed $20,000.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will result in dismissal of your case.
How to avoid it: Be aware of the specific time limits for your type of claim and file accordingly.
Improper service of process
What goes wrong: Failure to properly serve the defendant can delay proceedings or result in dismissal.
How to avoid it: Follow the court's rules for service of process carefully, using approved methods.
Not bringing necessary evidence
What goes wrong: Lack of evidence can weaken your case and lead to an unfavorable outcome.
How to avoid it: Gather and bring all relevant documents, photos, and witness information to court.
Failing to collect on a judgment
What goes wrong: Winning a judgment does not guarantee payment; you may need to take additional steps to collect.
How to avoid it: Familiarize yourself with post-judgment collection methods and be prepared to use them.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources12 citations and statutes
- Utah Courts Small Claims Overview
- Utah Code § 78A-8-102 (Small Claims Jurisdiction)Utah Code § 78A-8-102
- Utah Rules of Small Claims Procedure
- Utah Court Fees (including Small Claims)
- Service of Process — Utah Rules of Civil Procedure Rule 4
- Appeals from Small Claims — Utah Rules of Small Claims Procedure Rule 12
- Utah Code § 78B-5-301 (Execution Upon Judgment)Utah Code § 78B-5-301
- Utah Code § 78B-5-302 (Writ of Garnishment — Procedures)Utah Code § 78B-5-302
- Utah Consumer Sales Practices Act, Utah Code § 13-11-1 et seq.Utah Code § 13-11-1 et seq.
- Civil Liability for Dishonored Checks — Utah Code § 7-15-1 et seq.Utah Code § 7-15-1 et seq.
- Utah Fit Premises Act (Security Deposit, Repairs, Lockout) — Utah Code § 57-22-1 et seq.Utah Code § 57-22-1 et seq.
- Utah Payment of Wages Act — Utah Code § 34-28-1 et seq.Utah Code § 34-28-1 et seq.
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.