Small Claims - Ada County Clerk

(Please see https://adacounty.id.gov/clerk for the latest version of this information)

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Small Claims

On this portion of the website, you will find the paperwork needed to initiate and respond to a small claims case within Ada County. You cannot seek more than $5,000. Please remember, the assistance you receive on this site is no substitute for legal advice. If you can, talk with an attorney.

For more information or questions regarding filing a small claims case in Ada County, please contact the Ada County Clerk’s Office at 208-287-6900.

Interactive forms for small claims cases can be found on the Idaho Legal Aid Services website.

Attention business entities filing in small claims court

As of January 1, 2017, all business entities filing small claims actions in Ada County, must electronically file small claims documents. In addition, you must provide a service contact, which is a designated e-mail for electronic service. For the rules regarding electronic filing and service please see the Idaho Supreme Court website.

For information about options to electronically file your small claims documents please call the Ada County Clerk’s Office at (208)287-6900 option #4.

Filing a Claim

To file a small claims action, you must have the original copy plus a copy of the summons, claim and answer for you and copies for each defendant.

Filing a Claim
Instructions for Plaintiff in a Small Claims Case (CAO SC Inst 1-1) PDF icon Word Icon
Summons (CAO SC 1-1) PDF icon Word Icon
Ada County Summons (CAO SC 1-1) PDF icon Word Icon
Claim (CAO SC 1-2) PDF icon Word Icon
Answer (CAO SC 3-1) PDF icon Word Icon
Affidavit of Competence and Non-Military Service (CAO SC 5-1A) PDF icon Word Icon
Information for Service of Small Claims Action (CAO SC 2-2) PDF icon Word Icon
Information for Service of Small Claims Action on Business (CAO SC 2-2B) PDF icon Word Icon

If the Defendant resides or works in Ada County, you can use the Marshal’s Office to serve your claim for an additional $25.00 per defendant.  In addition, you must provide either a completed Information for Service of Small Claims Action form (CAO SC 2-2) for service on an individual or a completed Information for Service of Small Claims Action on a Business form (CAO SC 2-2B) if the Defendant is a business. If you are are e-filing, the Marshal’s Office $25 service fee is not payable through File and Serve and must be brought or mailed to the Ada County Clerk’s Office along with the correct Information for Service form.

If you do not choose to use the Marshal’s Office for service you will need to have someone 18 or older- not you or your employee- serve the Defendant and complete the Affidavit of Service paperwork below. Or, you can pay an additional fee to the Ada County Clerk’s Office to serve your paperwork by U.S. Certified mail.

Proof Small Claims Paperwork has been Served
Affidavit of Service (CAO SC 2-1) PDF icon Word Icon
 Defendant’s Pleadings
Instructions for Defendants in a Small Claims Case (SC Inst 1-2) PDF icon Word Icon
Order Dismissing Claim Without Prejudice – Lack of Service (SC 2-4) PDF icon Word Icon
Answer (SC 3-1) PDF icon Word Icon
Motion to Set Aside Default Judgment (SC 8-1) PDF icon Word Icon
Order on Motion to Set Aside Default (SC 8-2) PDF icon Word Icon

If you would like to request a telephone hearing for your case, please complete the Ada County Telephone Hearing Request Paperwork.  Click here for other counties.

 Miscellaneous Small Claim Forms
Ada County Request for Phone Hearing PDF icon Word Icon
Affidavit of Compliance (SC 4-10) PDF icon Word Icon
Affidavit of Non-Compliance (SC 4-11) PDF icon Word Icon
Motion to Continue Hearing (SC 5-2) PDF icon Word Icon
Order on Motion to Continue Hearing (SC 5-3) PDF icon Word Icon
Motion to Set Aside Dismissal (SC 6-1) PDF icon Word Icon
Order on Motion to Set Aside Dismissal (SC 6-2) PDF icon Word Icon
Judgment (SC 7-1) PDF icon Word Icon
Dismissal By Plaintiff (SC 7-2) PDF icon Word Icon
Motion and Affidavit to Change Venue (SC 8-3) PDF icon Word Icon
Order on Motion to Change Venue (SC 8-4) PDF icon Word Icon
 Collection on a Judgment
Affidavit for Writ of Execution (SC 9-1) PDF icon Word Icon
Writ of Execution (SC 9-6) PDF icon Word Icon
Affidavit for Writ of Continuing Garnishment (SC 9-2) PDF icon Word Icon
Writ of Continuing Garnishment (SC 9-7) PDF icon Word Icon
Application and Affidavit for Writ of Possession (SC 9-3) PDF icon Word Icon
Writ of Possession (SC 9-8) PDF icon Word Icon
Motion Contesting Claim Exemption or 3rd Party Claim and Notice of Hearing (SC 9-4) PDF icon Word Icon
Motion to Renew Judgment (SC 7-3) PDF icon Word Icon
Order to Renew Judgment (SC 7-4) PDF icon Word Icon
Motion for Order for Examination of Judgment Debtor PDF icon Word Icon
Order for Examination of Judgment Debtor PDF icon Word Icon
Satisfaction of a Judgment
Satisfaction of Judgment by Plaintiff (SC 10-1) PDF icon Word Icon
Motion for Satisfaction (SC 10-2) PDF icon Word Icon
Satisfaction of Judgment by Court (SC 10-3) PDF icon Word Icon
Appeal
Notice of Appeal (SC 11-1) PDF icon Word Icon
Appeal Order (SC 11-2) PDF icon Word Icon