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, assistance or questions regarding filing or responding to a small claims case in Ada County, please contact the Ada County Clerk’s Office at 208-287-6900.
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. Electronic filing options include Guide and File or registering for an e-filing account through iCourt.
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 | ||
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| Instructions for Plaintiff in a Small Claims Case (CAO SC Inst 1-1) |  |
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| Summons (CAO SC 1-1) | |
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| Ada County Summons (CAO SC 1-1) | |
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| Claim (CAO SC 1-2) | |
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| Answer (CAO SC 3-1) | |
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| Affidavit of Competence and Non-Military Service (CAO SC 5-1A) | |
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| Information for Service of Small Claims Action (CAO SC 2-2) | |
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| Information for Service of Small Claims Action on Business (CAO SC 2-2B) | |
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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) | |
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Complete and E-file Small Claims forms Select from interviews for Small Claims (Plaintiff or Defendant) and use a question and answer format to complete your forms. After completing the interview you can either directly e-file, or print the forms and bring them to the court to file. If you are unsure of which forms you need, select “Small Claims- Help Me Choose the Correct Interview.”
E-File Instructions for Plaintiff (person/business filing small claims case)
| Defendant’s Pleadings | ||
|---|---|---|
| Instructions for Defendants in a Small Claims Case (SC Inst 1-2) | |
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| Order Dismissing Claim Without Prejudice – Lack of Service (SC 2-4) | |
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| Answer (SC 3-1) | |
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| Guide & File- Electronically file an Answer | ||
| E-File Instructions for Defendant(person/business answering case) | ||
| Motion to Set Aside Default Judgment (SC 8-1) | |
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| Order on Motion to Set Aside Default (SC 8-2) | |
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| Guide & File- Electronically file Motion Set Aside Default/Dismissal | ||
If you would like to request a telephone hearing for your case, please complete the Ada County Telephone Hearing Request Paperwork. For other Counties paperwork.
| Miscellaneous Small Claim Forms | ||
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| Ada County Request for Phone Hearing | |
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| Affidavit of Compliance (SC 4-10) | |
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| Affidavit of Non-Compliance (SC 4-11) | |
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| Motion to Continue Hearing (SC 5-2) | |
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| Order on Motion to Continue Hearing (SC 5-3) | |
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| Motion to Set Aside Dismissal (SC 6-1) | |
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| Order on Motion to Set Aside Dismissal (SC 6-2) | |
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| Judgment (SC 7-1) | |
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| Dismissal By Plaintiff (SC 7-2) | |
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| Motion and Affidavit to Change Venue (SC 8-3) | |
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| Order on Motion to Change Venue (SC 8-4) | |
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| Collection on a Judgment | ||
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| Instructions-Collecting on your Small Claims Judgment | |
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| Guide & File- Electronically file collection forms. Select “Start a Filing” then “Small Claims: Enforce the Judgment.” | ||
| Affidavit for Writ of Execution (SC 9-1) | |
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| Writ of Execution (SC 9-6) | |
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| Affidavit for Writ of Continuing Garnishment (SC 9-2) | |
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| Writ of Continuing Garnishment (SC 9-7) | |
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| Application and Affidavit for Writ of Possession (SC 9-3) | |
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| Writ of Possession (SC 9-8) | |
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| Notice of Garnishment (SC 9-9) | |
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| Motion Contesting Claim Exemption or 3rd Party Claim and Notice of Hearing (SC 9-4) | |
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| Order on Motion Contesting Claim Exemption or 3rd Party Claim (SC 9-5) | |
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| Motion for Order for Examination of Judgment Debtor | |
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| Order for Examination of Judgment Debtor | |
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| Satisfaction of a Judgment | ||
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| Satisfaction of Judgment by Plaintiff (SC 10-1) | |
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| Motion for Satisfaction (SC 10-2) | |
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| Satisfaction of Judgment by Court (SC 10-3) | |
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| Guide & File- Electronically file satisfaction forms. Select “Start a Filing” then “Small Claims: Satisfaction of Judgment.” | ||
| Appeal | ||
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| Notice of Appeal (SC 11-1) | |
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| Appeal Order (SC 11-2) | |
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| Guide & File- Electronically file appeal forms. Select “Start a Filing” then “Small Claims: Appeal.” | ||