Small claims forms · Vermont
Vermont small claims court forms, filled in for you
Answer a few questions once. Vera fills in the Vermont court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.
Fill in my forms — start freeIf you were sued: your answer is due 30 days after you were served. Source: the court's small claims page and the summons (100-00259): 30 days from mailing, or from service by a sheriff or constable.
To sue (you're the plaintiff)
Small Claims Complaint (100-00257)
The court's own form (www.vtcourts.gov)
What to know
- File with the Civil Division of the Superior Court in the county where you live or where the defendant lives: in person, by mail, by email or electronically (vtcourts.gov, Suing and Being Sued - Small Claims). File the Small Claims Complaint form and one copy of it, and one self-addressed stamped envelope with sufficient postage for one Small Claims form and attachments (A Guide to Small Claims Proceedings in Vermont, 100-00509). Pages 1 and 2 are the court's instructions for you; the complaint is page 3 (the form).
- You can sue a person or business for up to $10,000; consumer credit debt and medical debt are capped at $5,000. You can only sue for money, and you can't split one claim into many cases (12 V.S.A. § 5531; vtcourts.gov, Suing and Being Sued - Small Claims).
- "Lawyers are allowed, but many people represent themselves." "Businesses may also use small claims court." (vtcourts.gov, Suing and Being Sued - Small Claims) A spouse or other family member may not represent you in court (100-00509).
- The filing fee is $65.00 if the claim is for $1,000 or less and $90.00 if it is for more than $1,000. If you can't afford it, you can ask the court to waive it (vtcourts.gov, Suing and Being Sued - Small Claims).
- The court mails back a signed summons with your complaint and the case number. Within seven days, send the defendant by first-class mail: the summons, the complaint with any attachments, Small Claims Information and Instructions for the Defendant (100-00259), a blank Small Claims Answer (100-00126), a blank Disclosure of Exempt Income (100-00128) and the completed Certificate of Service - Small Claims (100-00260); send a copy of the certificate to the court too (vtcourts.gov, Suing and Being Sued - Small Claims).
- If the defendant does not file an answer within 30 days from the date you mailed the papers, have a sheriff or constable serve them (there is a fee), and file the Return of Service within 60 days from the date you first mailed them, or the court may dismiss your case. After being served, the defendant has 30 days to answer (vtcourts.gov, Suing and Being Sued - Small Claims; 100-00257).
- If your claim is for a residential security deposit: the landlord must return it with a written statement itemizing any deductions within 14 days after the tenant vacated (60 days for a seasonal rental that is not a primary residence); a landlord who does not forfeits the right to withhold any of it, and if the failure is willful, owes double the amount wrongfully withheld, plus reasonable attorney's fees and costs (9 V.S.A. § 4461(c), (e)). The court's example: write that you rented an apartment from the defendant, paid a security deposit, and the defendant has refused to return it to you, with all important dates (vtcourts.gov, Suing and Being Sued - Small Claims).
- Check the unit at the top: Vera chooses it only when your court's name gives the unit. Vera fills the Case No. only if your case already has one; the court assigns it (vtcourts.gov, Suing and Being Sued - Small Claims).
- Vera filled you as Plaintiff, the defendant's name in the caption and under Defendant's Information, your name under Plaintiff's Information and your printed name. From your answers in Court forms it filled your address, home/cell phone and email, the defendant's address, the principal under Amount of Claim, the interest if you asked for it, and the brief explanation (what the money is for, and how you added it up). Check each one, and add the important dates to the explanation, with the rate and the date the interest runs from if you ask for it. If you are suing more than one defendant, the form says to "attach sheet for additional defendants": write each one's name, date of birth and address on it (the form).
- Still yours: dates of birth, a work phone, any attorney, the interest if Vera did not fill it, the court costs (the form prints "$65.00 for $1,000.00 or less / $90.00 for more than $1,000.00") and the total. Date and sign it (the form). Vera never signs or dates a form.
If you were sued (you're the defendant)
Small Claims Answer (100-00126)
The court's own form (www.vtcourts.gov)
What to know
- If the summons and complaint came by mail, you have 30 days from the date they were mailed to file an answer; if a sheriff or constable served you, 30 days from the date you were served. If you do not answer in time after being served by a sheriff or constable, the plaintiff may ask for a default judgment (vtcourts.gov, Suing and Being Sued - Small Claims; Small Claims Information and Instructions for Defendant, 100-00259).
- File it with the court by email, mail, or in person so that it is received within 30 days. On the same day, email, mail, or hand deliver a copy to the plaintiff, or to their attorney if they have one, and file a Certificate of Service - Small Claims (100-00260) saying you did so (100-00259; vtcourts.gov, Suing and Being Sued - Small Claims). There is no fee to file an answer (100-00509).
- Paragraph 1: "I disagree" (briefly explain why; the court will schedule a small claims trial) or "I agree" (then choose paying within 30 days, installments, or other). From your answer in Court forms, Vera marked "I disagree" with your reason if you disagree with all or part of the claim (with the amount you agree you owe, if you gave it), or "I agree" if you do not. If you agree, choose how you will pay: Vera marks none of those (the form; 100-00259).
- Paragraph 2 is optional: if your income or property may be exempt from collection, read the List of Exemptions (100-00511), mark the box, and file the Disclosure of Exempt Income (100-00128) and, if applicable, a Financial Disclosure (100-00127) (100-00259).
- Paragraph 3 is optional: a counterclaim of up to $10,000. The fee is $25.00 if you ask for $500 or less and $35.00 if more; you can ask to waive it (100-00259). If you said you want to sue back, Vera marked the box and filled the amount, the date if you gave it, and what it is for from your answers (the form).
- Check the unit at the top: Vera chooses it only when your court's name gives the unit. Copy the case number from the complaint you got, which has it on it (vtcourts.gov, Suing and Being Sued - Small Claims).
- Vera filled both names and your printed name, and from your answers your mailing address, phone number and email. Check them; date and sign it (the form). Vera never signs or dates a form.
Certificate of Service - Small Claims (100-00260)
The court's own form (www.vtcourts.gov)
What to know
- File it with your answer, to tell the court you sent a copy to the plaintiff, or to their attorney if they have one (100-00259; vtcourts.gov, Suing and Being Sued - Small Claims).
- Check the unit at the top: Vera chooses it only when your court's name gives the unit. Copy the case number from the complaint you got, which has it on it (vtcourts.gov, Suing and Being Sued - Small Claims).
- Vera filled both names, your name after "I," and your printed name, and from your answers the plaintiff's name and address as the address you mail to. If the plaintiff has an attorney, send it to the attorney and write the attorney's name and address there instead (100-00259). Add the date you mailed it, and mark what you sent under ANSWER (Small Claims Answer, and Disclosure of Exempt Income if you file one). Vera marks nothing (the form).
- Vera filled your mailing address, phone number and email under Filer's Information from your answers. Check them; date and sign it (the form). Vera never signs or dates a form.
Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.