How do I start a suit?

 If you are filing a Small Claims suit, you are the Plaintiff, and the person sued is the Defendant. In order to start an action, you must file a Small Claims Affidavit, a copy of which is available from the Court. The Small Claims Affidavit and Summons are relatively self-explanatory and can be easily filled in if you read the form. Please type if possible; if you cannot have it typed, you may print in black ink. You must fill in both the Affidavit and the Summons.  On the Summons, fill in everything except the dates; the Clerk will complete this portion. Please note that the Affidavit is a sworn statement, and should be signed in person at the Court’s office.  If you wish to file by mail, or have someone else bring in your papers, your signature must be notarized (that is, you must sign it before a Notary Public).  We cannot accept pre-signed Affidavits.

The Teton County Circuit Court requires that you supply a mailing address for both Plaintiff and Defendant. This information should be filled in at the top of both the Affidavit and the Summons, on the double lines. You must also supply an exact physical address or location – residence or employment (In Teton County or both – where the Defendant(s) can be served with the papers by the Sheriff. Telephone numbers are also required, preferably daytime phone numbers where the parties can be reached during normal from 8 a.m. to 5 p.m. If you are filing a single case against two or more Defendants (such as husband and wife), you may want to consider issuing a separate Summons for each Defendant, and paying $50 for each to the Sheriff’s Office for service.

If the service information supplied to the Sheriff is insufficient for service to be accomplished, the Sheriff will return the summons as unserved but will keep the fee. A subsequent summons on the same case, if authorized by the Court, will require another service fee. For this reason, it is essential that you supply sufficient details for service to be accomplished. When you file your Small Claims suit, a hearing date will be set for your trial. Wyoming Court Rules require that service must be made by the Sheriff in no less than three days and not more than twelve days from the date set for the hearing. Therefore, there is a short nine-day window during which service must be made; if it cannot be made, the Summons will be returned by the Sheriff as unserved.

Show All Answers

1. What kinds of claims can be filed?
2. How do I file small claims by mail?
3. How much does it cost to file?
4. How do I start a suit?
5. What is the small claims court procedure?
6. How do I prepare for my court date?
7. What happens at the trial?