How to File a Civil Lawsuit in Small Claims Court in CT

In this article, we’ll show you how to file a civil lawsuit in small claims court in CT (Connecticut) and how to electronically file (efile) in small claims court.

Initial Matters:

Before proceeding to Step 1 below, make sure that:

(1) Small claims court allows your type of claim. For example, if your claim is for libel or slander, you can’t file it in small claims court.

(2) The amount of money you’re suing for is not more than $5,000, unless an exception applies. For example, there is an exception if you’re suing to get back your security deposit.

(3) You file in the right courthouse. In other words, that venue is correct. If you’re an individual, you can file your case in the small claims court where you live, where the defendant lives, or where the accident happened.

(4) You have the $95 filing fee.

(5) The statute of limitations has not expired.

(6) You decide whether you want to e-file or paper file. E-filing is recommended when filing most cases.

If you have any questions along the way, you can ask us for free and anonymously at our Ask Justice Column.

How to File a Civil Lawsuit in Small Claims Court in CT by Paper Filing

Step 1: Complete the Writ and Notice of Suit (Form JD–CV–040)

The plaintiff needs to fill out the small claims writ and notice of suit. The writ and notice of suit is a form that lets the court know who you are as the plaintiff, who you’re suing, and why you’re suing them. When you reach the end of the form, you have to sign it under oath. This means that you should not sign the form until you are in front of the clerk or notary.

You can find the list of forms in a small claims case on the Connecticut judiciary’s website.

Step 2: Serve the Defendant(s) with the Writ and Notice of Suit

After you complete and sign Form JD–CV–040, you need to serve a copy of it on the defendants, along with a copy of any other document that you attached to the form. Make sure to include Form JD-CV-121 (Instructions to Defendant) when you serve the defendant. This form gives the defendant instructions on what to do after she or he receives the writ and notice of suit.

Make a copy of all forms that you send the defendant for your own records. You will likely need these forms again.

Form JD–CV–122 explains how to serve a defendant with a small claims writ and notice of suit. There are a couple of ways to serve the defendant. One way is through the United States Postal Service (USPS) using their certified mail and return receipt requested mailing service. Another way is by hiring a state marshal to serve the defendant.

Step 3: Complete the Statement of Service

After you mail the defendants the writ and notice of suit, the instructions to the defendant, and any documents that you attached, the service method you chose will send you proof that the service is complete. For example, if you served the defendant with USPS priority mail, USPS will send you a delivery confirmation. If you served the defendant with certified mail, return receipt requested, then USPS will mail you a signed return receipt. And if a state marshal served the defendant, the marshal will give you a return of service.

After you receive proof that service is complete, make a copy of it for your own records. Then, you should complete Form JD–CV–123, which is the Statement of Service, and make a copy of it. Form JD–CV–123 tells the court how you served the defendant.

Step 4 (Paper Filing): File the Documents With the Court and Pay Filing Fee

Next, you should file the original writ and notice of suit, copies of any documents you attached to the writ, your statement of service, and proof that service is complete with the court. You must also pay the $95 filing fee.

The writ and notice of suit must be filed with the court within one month after you serve the defendant.

How to File a Civil Lawsuit in Small Claims Court in CT by Efiling

Steps 1–3: Complete Writ & Notice of Suit; Serve Defendant; Complete Statement of Service

If you’re efiling in small claims court, you still need to complete the same Steps 1–3 above that you would complete if you’re paper filing.

To sign up for efiling, visit the state judicial branch’s website and select “E-Services” on the left-hand column.

If you are self-represented, after you enroll in e-services you’ll get an email with a link to validate your account.

Step 5: Upload the Documents Online to File in Small Claims Court

Next, you need to scan the documents that you completed on paper into a pdf. Scan the writ and notice of suit as one pdf. Scan the statement of delivery, along with proof of delivery, as a combined single PDF. And scan any supporting documents as a combined single PDF.

After the documents are scanned in their correct form, it’s time to upload them. To upload the documents, log in to E-Services. On the left-hand column, select “Small Claims” under “Superior Court E-Filing.” Then select the option to file a new case and answer the questions asked.

After you’ve answered a set of questions, the system will ask you to upload the Small Claims Writ and Notice of Suit, along with the other documents you prepared.

Step 6: Pay Filing Fee to File a Civil Lawsuit in Small Claims Court in CT

After you certify that your documents are correct, the efiling system will direct you to a shopping cart where you will pay the filing fee.

Word of Caution — The law and its processes may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.