By the founder of SmallClaimsHelper
Utah's small claims court currently handles money disputes up to $20,000 — a limit set by Utah Code § 78A-8-102 that took effect January 1, 2025, and is already scheduled to rise to $25,000 on January 1, 2030.
This post covers exactly which cases qualify (and which don't), the three-tier filing fee schedule, the service and notice deadlines you must hit, and the key dates that determine whether your claim belongs in justice court or district court. Everything here is pinned to the current statute text, not training data or outdated guides.
The 10-Step Checklist for Filing a Utah Small Claims Case
Use this list before you fill out a single form. Each item is explained in detail in the sections below.
- Confirm your claim is for money only and doesn't exceed $20,000 (§ 78A-8-102).
- Verify your claim type qualifies — no government defendants, no evictions, no possession orders, no assigned claims.
- Check your statute of limitations — 6 years for written contracts (§ 78B-2-309), 4 years for oral contracts and personal injury (§ 78B-2-307).
- Identify the right justice court: file where the defendant resides or where the debt arose (§ 78A-8-102(1)(a)(ii)).
- Fill out the Small Claims Affidavit. Utah Courts' free MyPaperwork tool at utcourts.gov can prepare the form.
- Pay the correct filing fee under § 78A-2-301.5 (see fee table below). If you can't afford it, ask for an affidavit of impecuniosity.
- Serve the defendant — affidavit and summons must reach the defendant at least 30 calendar days before the trial date (Utah R. Sm. Cl. P. 3).
- File your proof of service with the court within 10 business days after completing service (Utah R. Sm. Cl. P. 3(b)).
- Watch for a counter affidavit — the defendant must file one at least 15 calendar days before trial to assert a counterclaim (Utah R. Sm. Cl. P. 4).
- Appear at trial. If you miss it, your case can be dismissed; if a counterclaim was filed, a judgment can enter against you.
The $20,000 Cap: What It Covers and What's Next
Under Utah Code § 78A-8-102, the amount a small claims plaintiff may recover does not exceed $20,000 — including attorney fees but exclusive of court costs and interest — for cases filed on or after January 1, 2025 through December 31, 2029. The limit then rises to $25,000 on or after January 1, 2030.
That "exclusive of court costs and interest" language matters in practice. If you win a $19,500 judgment, the court can also award your filing fee and post-judgment interest on top — those don't count against the cap. After winning, post-judgment interest accrues at the federal post-judgment rate plus 2% under Utah Code § 15-1-4, around 7% in 2026.
Utah operates on a statutory escalator that is unique among the 50 states. The small claims cap was $15,000 from May 2022 through December 2024, is $20,000 from January 2025 through December 2029, and will rise to $25,000 on January 1, 2030 under Utah Code § 78A-8-102. That built-in schedule means you don't have to wait for the legislature to act — the increase is already law.
If your actual damages exceed $20,000, you have a choice: voluntarily reduce your claim to fit the cap and file in justice court, or file the full amount in district court. You can't split a single claim into two small claims cases to manufacture jurisdiction where none exists.
What Cases Qualify — and What's Prohibited
You can only sue someone to get money in small claims cases. You cannot ask the court to order the other person to do something, like give back property. The most you can ask for is $20,000, and that amount includes lawyer fees but does not include court costs or interest, under Utah Code Section 78A-8-102.
Small claims cases cannot be used to sue a government entity, to sue for possession of a property, to evict a tenant, or to recover an assigned claim. That last prohibition — no assigned claims — means you can't buy someone else's debt and then sue on it in small claims court.
Common case types that do qualify include: unpaid loans between individuals, security deposit disputes with private landlords, property damage claims (including auto accidents), breach of service contracts, and unpaid wages from private employers. If someone damaged your property in a car accident, you can also sue for injuries — either in the same small claims case or in a separate one under Utah Code § 78A-8-102.
One procedural wrinkle worth knowing: any defendant can choose to remove a small claims case from the justice court to the district court and demand a jury. To do this, the defendant must — within 15 days of being served with the affidavit — file a notice of removal in the district court, pay the appropriate filing fee, and file a copy of the notice of removal in the small claims court with the district court case number and proof of service.
Filing Fees: The Three-Tier Schedule
Under Utah Code § 78A-2-301.5, the fee for filing a small claims affidavit is: $60 if the claim for damages is $2,000 or less; $100 if the claim is greater than $2,000 but less than $7,500; and $185 if the claim is $7,500 or more.
The fee for filing a small claims counter affidavit is $50 if the claim is $2,000 or less; $70 if the claim is greater than $2,000 but less than $7,500; and $120 if the claim is $7,500 or more. Defendants who want to assert a counterclaim must pay these fees when filing their counter affidavit.
If you cannot afford the fee, you may file an affidavit of impecuniosity. The court clerk may accept your filing without charging the fee, but you will need to provide financial information so the court can determine eligibility.
| Claim Amount | Plaintiff Filing Fee | Defendant Counter Affidavit Fee | Statute |
|---|---|---|---|
| $0 – $2,000 | $60 | $50 | § 78A-2-301.5 |
| $2,001 – $7,499 | $100 | $70 | § 78A-2-301.5 |
| $7,500 – $20,000 | $185 | $120 | § 78A-2-301.5 |
If you appeal a judgment, the notice of appeal to district court costs $10 at the justice court, plus a separate $240 appeal/trial de novo filing fee payable to the district court.
Service, Deadlines, and the Trial Timeline
Service of the small claims affidavit and summons must be made as provided in Utah Rule of Civil Procedure 4, and the affidavit and summons must be served at least 30 calendar days before the trial date. Proof of service must be filed with the court no later than 10 business days after service.
Service of all papers other than the affidavit and counter affidavit may be by first-class mail to the other party's last known address. The party mailing the papers must file proof of mailing with the court no later than 10 business days after service.
The defendant doesn't file a written answer. No written answer is required — the defendant must appear at the trial date stated in the affidavit and summons to defend in person. That's a meaningful difference from district court civil procedure, where failing to answer in time leads to a default judgment.
Key deadlines measured in calendar days: service (30 days before trial), counter affidavit (15 days before trial), motion to set aside a default (15 days after judgment), and appeal (28 days after judgment). Deadlines measured in business days include: postponement motions (5 business days before trial), proof of service (10 business days after service), and subpoena service (5 business days before trial).
Statutes of Limitations: Don't File a Dead Claim
Filing in the right court for the right dollar amount means nothing if your claim is time-barred. Utah's limitations periods for the most common small claims disputes are:
- Written contracts: 6 years under Utah Code § 78B-2-309 (e.g., a signed loan agreement, a written services contract).
- Oral contracts and personal injury: 4 years under Utah Code § 78B-2-307.
Utah is one of the few states where personal injury and oral contracts share the same 4-year statute of limitations under § 78B-2-307, which simplifies the analysis for plaintiffs unsure whether their claim sounds in contract or tort.
The clock generally starts running on the date of the last breach, the last payment, or the date you discovered (or should have discovered) the harm. If you're close to the deadline, file first and sort out the details after — a dismissed case for missing a deadline cannot be refiled.
Appeals: What Happens After Judgment
Either party can appeal a justice court small claims judgment to district court for a trial de novo under Utah Code § 78A-8-106. The notice of appeal must be filed within 28 days of the judgment. De novo means the case starts over with a full new trial in district court.
An appeal bond is generally required to stay collection during the appeal. That means if you win and the other side appeals without posting a bond, you may be able to begin collection while the appeal is pending.
What happened in the first trial will not control what happens in the new trial — bring all of your evidence and be prepared to explain why you should win from scratch.
Decision Tree: Does Your Case Belong in Utah Small Claims?
About SmallClaimsHelper: SmallClaimsHelper is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file. Nothing here is a substitute for the advice of an attorney.
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SmallClaimsHelper is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file. Nothing here is a substitute for the advice of an attorney. Checking is free; $19 for the completed documents.
Check if your Utah claim qualifies →Frequently asked questions
Can I sue for more than $20,000 in Utah small claims court by splitting my claim into two cases?
No. You cannot artificially split a single claim into multiple filings to manufacture small claims jurisdiction. If your damages genuinely exceed $20,000, you must either voluntarily reduce your claim to fit the cap or file the full amount in district court under the regular civil rules. Utah Code § 78A-8-102 sets the jurisdictional ceiling at the claim level, not the case level. Attempting to split a unified claim is grounds for dismissal.
What happens if the defendant doesn't show up at the small claims hearing?
If the defendant was properly served at least 30 calendar days before trial and fails to appear, the court can enter a default judgment in the plaintiff's favor under Utah Rule of Small Claims Procedure 9. The defendant then has 15 calendar days after entry of that default judgment to file a motion to set it aside. After that window closes, the judgment becomes final and the plaintiff can begin collection — through wage garnishment, bank levies, or liens on property — under Utah Code § 78B-5-501.
Does Utah small claims court hear cases against landlords for security deposit disputes?
Yes, provided the landlord is a private party (not a government agency) and the amount claimed doesn't exceed $20,000. Security deposit claims against private landlords are a qualifying money claim under Utah Code § 78A-8-102. You'd file in the justice court where the rental property is located or where the landlord resides. Bring your lease, move-in and move-out photos, and any written communication about the deposit as evidence.
If I lose in Utah small claims court, can I appeal?
Yes. Either party can appeal a justice court small claims judgment by filing a notice of appeal within 28 calendar days of the judgment under Utah Code § 78A-8-106. The appeal goes to district court as a trial de novo — meaning the case starts completely over, and what happened in the first trial doesn't control the outcome. You'll pay a $10 appeal fee to the justice court and a $240 trial de novo filing fee to the district court. An appeal bond is generally required if you want to pause collection while the appeal is pending.