Wyoming Small Claims Forms

Wyoming Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Wyoming Small Claims Forms

  • What is the limit for Small Claims Court in Wyoming?

    In Wyoming, the limit for Small Claims Court is currently set at $7,000. This means you can file a claim for any amount up to this limit, making it accessible for everyday disputes. Ensure that you use the right Wyoming Small Claims Forms to facilitate your filing and to avoid any delays in your case.

  • Do you tell someone you are taking them to small claims court?

    It is generally advisable to inform the other party before taking them to small claims court. Open communication can sometimes lead to a resolution without escalation to legal action. Using Wyoming Small Claims Forms demonstrates that you are serious about your claim, and notifying them can encourage a constructive discussion.

  • Is small claims court even worth it?

    Yes, small claims court can be worth it for resolving disputes efficiently, especially for amounts below the state limit. This venue allows individuals to seek justice without legal representation, saving costs on attorney fees. With Wyoming Small Claims Forms, you can effectively navigate the process and potentially recover what you rightfully deserve.

  • Is suing someone worth it?

    Suing someone can be worth it if the amount in dispute justifies the effort and expense. Weigh the potential outcomes against the costs involved, including time and fees. When using Wyoming Small Claims Forms, the process is designed to be more straightforward, which can make pursuing your claim a more reasonable option.

  • What percentage of people win in small claims court?

    Many studies suggest that around 50% to 70% of claimants win in small claims court. Success often depends on the clarity of the evidence presented and the ability to effectively argue your case. By using Wyoming Small Claims Forms, you can present your claim in an organized manner, which can significantly improve your chances of winning.

  • What is the lowest amount for small claims court?

    In Wyoming, the lowest amount you can claim in small claims court is $1,500. This limit allows individuals to resolve smaller disputes without engaging in complex legal processes. Utilizing Wyoming Small Claims Forms can streamline your experience, making it easier to submit your claim and seek justice.

  • How do I file a small claims case against someone out of state?

    Filing a small claims case against someone from out of state can seem complicated, but it is manageable with the right tools. Begin by understanding the specific rules of the court in your state, as they may vary. You'll need to complete the proper Wyoming Small Claims Forms, which can be found on the US Legal Forms platform. This resource provides step-by-step guidance, ensuring you follow the necessary procedures and submit the right documentation to successfully file your case.

  • Should you tell someone you are taking them to court?

    It is advisable to inform someone when you plan to take them to court, as this promotes transparency and may facilitate negotiation. Open communication can help avoid misunderstandings. With Wyoming Small Claims Forms, you can prepare your case while keeping the conversation open and constructive.

  • Should you tell someone you're taking them to small claims court?

    Informing someone before pursuing small claims court can help preserve relationships and find alternative solutions. It shows you are serious about the issue while still being open to dialogue. Using Wyoming Small Claims Forms may highlight your intent to resolve the matter while maintaining transparency.

  • Is taking someone to small claims court worth it?

    Taking someone to small claims court can be worth it if you believe your claim is legitimate and within the monetary limits. It offers a straightforward process for resolving disputes efficiently. With Wyoming Small Claims Forms, you can streamline your case, allowing you to focus on reaching a resolution.