§ 5531. Rules governing procedure
(a) The Supreme Court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such Court providing for a simple,
informal, and inexpensive procedure for the determination, according to the rules
of substantive law, of actions of a civil nature of which they have jurisdiction,
other than actions for slander or libel and in which the plaintiff does not claim
as debt or damage more than $10,000.00. Small claims proceedings shall be limited
in accord with this chapter and the procedures made available under those rules. The
procedure shall not be exclusive but shall be alternative to the formal procedure
begun by the filing of a complaint.
(b) Parties may not request claims for relief other than money damages under this chapter.
Nor may parties split a claim in excess of $10,000.00 into two or more claims under
this chapter.
(c) In small claims actions where the plaintiff makes a claim for relief greater than
$3,500.00, the defendant shall have the right to request a special assignment of a
judicial officer. Upon making this request, a Superior judge or a member of the Vermont
bar appointed pursuant to 4 V.S.A. § 22(b) shall be assigned to hear the action.
(d) Venue in small claims actions shall be governed by section 402 of this title.
(e) Notwithstanding this section or any other provision of law, the small claims court
shall not have jurisdiction over actions for collection of any debt greater than $5,000.00
arising out of:
(1) a consumer credit transaction as defined in 15 U.S.C. § 1679a; or
(2) medical debt as defined in 18 V.S.A. § 9481. (Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 65; 1967, No. 311 (Adj. Sess.), § 2, eff. March 22, 1968; 1971, No. 44, § 1; 1973, No. 249 (Adj. Sess.), § 40, eff. April 9, 1974; 1977, No. 161 (Adj. Sess.), § 1; 1983, No. 208 (Adj. Sess.), § 2; 1993, No. 160 (Adj. Sess.), § 1; 1995, No. 181 (Adj. Sess.), § 2, eff. Sept. 1, 1996; 2007, No. 39, § 3; 2009, No. 154 (Adj. Sess.), § 83; 2023, No. 46, § 9, eff. June 5, 2023.)
§ 5532. Pleadings; fees
Procedure in the Superior Court shall be instituted without writ or pleading other
than a concise statement on a form provided by the clerk who shall file the complaint
in a docket kept for that purpose. (Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 119, § 2; 1971, No. 44, § 2; 1973, No. 249 (Adj. Sess.), § 41, eff. April 9, 1974; 1975, No. 227 (Adj. Sess.), § 2; 1977, No. 161 (Adj. Sess.), § 2; 1985, No. 54, § 5; 1995, No. 181 (Adj. Sess.), § 3, eff. Sept. 1, 1996.)
§ 5533. Other procedure
(a) The plaintiff shall supply to the clerk the following information:
(1) the plaintiff’s name, residence address, and telephone number;
(2) defendant’s name and place of residence, place of business or employment; and
(3) the nature and amount of the plaintiff’s claim, giving dates and other relevant information.
(b) The clerk shall reduce the information required in subsection (a) of this section
to writing in concise, nontechnical form in a docket kept for that purpose, and shall
also place it on a form which shall be attached to the summons.
(c) The defendant may include with his or her answer a counterclaim stating a claim which
arises out of the transaction or occurrence that is the subject matter of the plaintiff’s
claim and which does not require for its adjudication the presence of third parties
of whom the court cannot acquire jurisdiction. The relief requested in the counterclaim
may exceed the jurisdictional limit of the small claims court, however the judgment
shall not exceed that limit. Failure to assert a counterclaim does not prevent the
defendant from bringing a later action for the same claim. The judgment of the small
claims court on an asserted counterclaim shall not be conclusive between the parties
in a later action nor shall the parties be precluded from litigating any issue of
fact or law as a result of the judgment on the counterclaim. However, in any later
action on the same claim as was raised in the counterclaim, the amount of any judgment
shall be reduced by an amount equal to the jurisdictional limit of the small claims
court at the time the counterclaim was first asserted. (Amended 1977, No. 161 (Adj. Sess.), § 3; 1983, No. 208 (Adj. Sess.), § 3.)
§ 5534. Attachment; forms
In causes begun under the procedure, on application, the court may issue, for cause
shown, writs of attachment of property and trustee process as in other civil actions.
Necessary dockets and forms shall be prepared at the expense of the State. (Amended 1971, No. 185 (Adj. Sess.), § 168, eff. March 29, 1972.)
§ 5535. Jury trial
A plaintiff beginning a cause under the procedure waives a jury trial. The defendant
may have a hearing before the court under the procedure. He or she may, prior to
the day upon which he or she is notified to appear, file with the court where the
cause is pending a request for a trial by jury and his or her affidavit that there
are questions of fact in the cause requiring trial, with specifications thereof, and
that such is intended in good faith, together with a jury fee of $10.00 and thereupon
at the day set for hearing, trial by jury shall be had as in ordinary cases. (Amended 1975, No. 227 (Adj. Sess.), § 3; 1977, No. 161 (Adj. Sess.), § 4.)
§ 5536. Representation
Any person, corporation, or other legal entity shall be entitled but not required
to be represented by an attorney in small claims court. (Added 1977, No. 161 (Adj. Sess.), § 5.)
§ 5537. Payment of judgments
(a) On request of a judgment creditor whose judgment under this chapter has remained unsatisfied
for 30 days, the court shall order the judgment debtor to appear before it and to
disclose information relating to his or her ability to pay the judgment in full.
(b) Following disclosure under subsection (a) of this section, the court after hearing
may order the judgment debtor to make such payments as the court, in its discretion,
deems appropriate. Failure to make such payments may be considered civil contempt
of court.
(c) [Repealed.] (Added 1983, No. 208 (Adj. Sess.), § 1; amended 2007, No. 39, § 5.)
§ 5538. Appeals
Any party may appeal from a small claims judgment to Superior Court. The Chief Superior
Judge shall assign the appeal to a Superior judge who shall not have participated
in any way in the decision being appealed. The appeal shall be heard and decided,
based on the record made in the small claims procedure. No appeal as of right exists
to the Supreme Court. On motion made to the Supreme Court by a party to the action,
the Supreme Court may allow an appeal from the Superior Court. (Added 1983, No. 208 (Adj. Sess.), § 4; amended 1995, No. 181 (Adj. Sess.), § 4, eff. Sept. 1, 1996; 2009, No. 154 (Adj. Sess.), § 84; 2021, No. 147 (Adj. Sess.), § 23, eff. May 31, 2022.)
§ 5539. Repealed. 1991, No. 93, § 16b.
§ 5540. Repealed. 2007, No. 51, § 10.
§ 5540a. Jurisdiction over small claims; assistant judges
(a)(1) Subject to the limitations in this section and notwithstanding any provision of law
to the contrary, assistant judges of Essex, Caledonia, Rutland, and Bennington Counties
sitting alone shall hear and decide small claims actions filed under this chapter
with the Essex, Caledonia, Rutland, and Bennington Superior Courts.
(2) [Repealed.]
(b) With the exception of assistant judges authorized to preside in small claims matters
prior to June 16, 2001 who have successfully completed the testing requirements established
herein, an assistant judge hearing cases under this section shall have completed at
least 100 hours of relevant training and testing and observed 20 hours of small claims
hearings in accordance with the protocol for said training and observation, which
shall be established by the Court Administrator in consultation with the Association
of Assistant Judges. An assistant judge who hears cases under this section shall annually
complete 16 hours of continuing education, established by the Court Administrator
in consultation with the Association of Assistant Judges, relating to jurisdiction
exercised under this section and shall file a certificate to such effect with the
Court Administrator. Law clerk assistance available to Superior judges shall be available
to the assistant judges.
(c) A decision of an assistant judge shall be entered as a small claims judgment and may
be appealed pursuant to section 5538 of this title. The appeal shall be decided by the presiding judge.
(d) An assistant judge upon successful completion of the training under subsection (b)
of this section shall cause the Superior Court clerk to notify the Court Administrator
of the assistant judge’s successful completion of training. Upon receipt of such notification,
small claims cases that require a hearing shall first be set for hearing before an
assistant judge in the Superior Court in the county and shall be heard by the assistant
judge. If the assistant judge is unavailable due to illness, vacation, administrative
leave, disability, or disqualification, the Chief Superior Judge pursuant to 4 V.S.A. § 22 may assign a judge, or appoint and assign a member of the Vermont bar to serve temporarily
as an acting judge, to hear small claims cases in the county. No action filed or pending
shall be heard at or transferred to any other location unless agreed to by the parties.
If both assistant judges of the county elect to successfully complete training to
hear these matters, the senior assistant judge shall make the assignment of cases
to be heard by each assistant judge. The assistant judges, once qualified to preside
in these matters, shall work with the Court Administrator’s office and the Chief Superior
Judge such that the scheduling of small claims cases before the assistant judges are
at such times as to permit adequate current court personnel to be available when these
cases are heard.
(e) Subdivision (a)(2) of this section shall be repealed effective on January 31, 2011. (Added 1995, No. 181 (Adj. Sess.), § 5, eff. Sept. 1, 1996; amended 1997, No. 121 (Adj. Sess.), § 32; 2001, No. 70, § 2, eff. June 16, 2001; 2003, No. 58, § 1, eff. June 5, 2003; 2005, No. 71, § 96a; 2005, No. 167 (Adj. Sess.), § 8, eff. May 20, 2006; 2007, No. 51, § 11; 2009, No. 154 (Adj. Sess.), § 84a; 2015, No. 58, § E.204.12; 2021, No. 147 (Adj. Sess.), § 24, eff. May 31, 2022.)
§ 5541. Composition of court in small claims cases
For the purposes of this chapter, the Superior Court in small claims cases shall consist
of the presiding judge sitting alone, an assistant judge sitting alone pursuant to
section 5540 of this chapter, or an acting judge assigned pursuant to 4 V.S.A. § 22(b). (Added 1995, No. 181 (Adj. Sess.), § 6, eff. Sept. 1, 1996; amended 2009, No. 154 (Adj. Sess.), § 85.)