What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Vermont. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $3,500.
Where Suit May Be Brought: Where either side resides or where breach or injury occurred.
Proper Manner of Service of Process upon Defendant: Service may be made by First class mail, or by sheriff or court-approved adult.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: Appeals are not allowed.
Availability of Appeals: Either litigant may appeal for a review of law but not of the facts to Superior Court within 30 days.
Special Rules and Notes: No injunctive relief is available in small claims court. Defendant must file a written answer within 20 days of service or lose by default. Defendant may counterclaim for more than $3,500, but the small claims court may not award more than $3,500. In the event the counterclaiming defendant’s claim exceeds the small claims jurisdictional limit, the defendant may later sue in separate action for the difference. Defendant may request a jury trial. Small claims court cannot hear libel and/or slander cases.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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