Small Claims

Payson Justice Court's Small Claims cases will be handled through a new process, Online Dispute Resolution, or ODR. When filing a small claims case with our court, you will need to complete specific ODR forms. Visit ODR Pilot Project web page. Additionally, Supreme Court Standing Order No. 13 is the most valuable resource for information on this new process.

Information about the Online Dispute Resolution for the filer is located here.

  • Notice to Plaintiff of Online Dispute Resolution - PDF

Payson Justice Court has jurisdiction over small claims cases if the defendant (person being sued) resides in Payson City or the debt arose within the Payson City limits. If you have further questions, you can go directly to www.utcourts.gov/howto/smallclaims or consult an attorney of your choosing. Additionally, refer to the Utah Rules of Civil Procedure for additional insight: legacy.utcourts.gov/resources/rules/urcp/

Small claims can be filed for a claim up to $15,000.00. The claim must be for actual damages.

The fee to file a small claims case is:

$60 if the claim is less than $2,000
$100 if the claim is for $2,001 – $7,500
$185 if the claim is for $7,501 – $11,000

After the Affidavit and Summons is filed with the court, the plaintiff (the person filing the claim) is responsible to serve the defendant with notice of the suit and the trial date. It is the Plaintiff's responsibility to provide proof of service to the Court at least 20 days prior to the scheduled Small Claim Trial date.

FILING A SMALL CLAIMS CASE USING ODR (ONLINE DISPUTE RESOLUTION)

Filing a small claims case in the Payson Justice Court requires participation in ODR, you must use this Small Claims Affidavit and Summons:

Please make sure that you present the above Affidavit and Summons to the Court when filing. This is important for anyone you have serving papers, as it provides direction for the ODR process to the Defendant being served in the matter.

  • ODR Motion for Default Judgment - PDF | Word
  • Order Granting Default Judgment in ODR - PDF | Word
  • Military Affidavit PDF | Word (Required when filing Affidavit and Summons. Website to verify active military service record – Click Here)
  • Military Affidavit Order PDF | Word

The above form(s) are to be used in the event one of the parties failed to register online or seek exemption in the time frame allotted. (Reference Supreme Court Standing Order No. 13, paragraph 4)

  • Checklist - PDF 
  • Motion to Enforce Settlement Agreement - Small Claims Case PDF | Word
  • Order on Motion to Enforce Settlement Agreement and Judgment - Small Claims Case PDF | Word
  • Military Affidavit PDF | Word (Required when filing Affidavit and Summons. Website to verify active military service record – Click Here)
  • Military Affidavit Order PDF | Word

The above form(s) are to be used if a settlement agreement isn't adhered to, and there wasn't a judgment entered at the time of the settlement. The plaintiff can provide these documents to the court to get a judgment. It requires the plaintiff to account for any payments that were made to ensure the judgment is for the correct amount.

  • Motion to Dismiss for Lack of Plaintiff Participation in ODR - PDF | Word
  • Order to Dismiss for Lack of Plaintiff Participation in ODR - PDF | Word

The above form(s) are to be used by the Defendant in the matter when the Plaintiff has failed to respond within ODR System for over 10 days. (Reference Supreme Court Standing Order No. 13, paragraph 4)

  • Request to be Excused from Online Dispute Resolution - PDF | Word

The above form is to be used if you qualify to exempt from this process. (Reference Supreme Court Standing Order No. 13, paragraph 4)

If no agreement was reached in the ODR, facilitation portion of the Small Claim process, you will need to prepare for Trial and a Court date will be set.

  • Small Claims Reminders for Trial Readiness

FORMS FOR COUNTER CLAIMS

FORMS FOR RESOLUTION OF SMALL CLAIMS FILINGS 

FORMS FOR FILING AN APPEAL

COLLECTING ON A JUDGMENT

FORMS FOR SUPPLEMENTAL PROCEEDINGS

FORMS FOR GARNISHMENTS AND WRITS 

ABSTRACT OF JUDGMENT / JUDGMENT LIEN FORMS

  • Abstract of Judgment
  • Judgment of Information Statement

WRIT OF EXECUTION FORMS

  • Application for Writ of Execution
  • Writ of Execution
  • Notice of Execution and Exemptions
  • Reply and Request for Hearing

FORMS FOR ALTERNATIVE SERVICE

  • Ex Parte Motion for Alternative Service
  • Order on Ex Parte Motion for Alternative Service
  • Proof of Alternative Service
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