Vt. R. Small. Claims. P. 3

As amended through May 6, 2024

Rule 3 - Pleadings; Service of Pleadings

(a) Pleading by plaintiff.

(1) To bring a small claims action, the plaintiff must file two copies of the complaint and any attachments with the court clerk on a form obtained from the Judiciary website or at the clerk's office and must pay the required filing fee as specified in a current schedule published by the Court Administrator and provide the clerk with a self-addressed envelope with sufficient postage for return purposes.

(2) The complaint must contain information identifying the plaintiff and the defendant and a concise statement of the nature and amount of the claim.

(3) The clerk will assign a docket number to the claim, sign the summons to the defendant, and provide the signed summons and file-stamped complaint and any attachments to the plaintiff by the method determined in paragraph (1).

(b) Service of complaint on the defendant.

(1)Service by First Class Mail. -- Within seven days after receipt of the signed summons bearing the docket number, the plaintiff must send the summons and complaint and any attached document, with the court-approved answer form and instructions, to the defendant by first class mail. The plaintiff must, at the same time, file with the clerk the applicable certificate of service, which is available on the Judiciary website or at the clerk's office.

(2)Personal Service. -- If the defendant does not file an answer with the court clerk within 30 days from the date on which the plaintiff mailed the summons and complaint:

(A) The plaintiff must have the summons and complaint and any attached document, with the court-approved answer form and instructions, served personally on the defendant by a sheriff or other authorized person with the plaintiff initially paying the costs of service.

(B) If the defendant does not reside in the state, the plaintiff must have the summons and complaint and any attached document, with the court-approved answer form and instructions, served personally on the defendant pursuant to Rule 4(e) of the Vermont Rules of Civil Procedure with the plaintiff initially paying the costs of service.

(C) The return of service from the sheriff or other authorized person who served it must be filed by the plaintiff with the court clerk within 60 days from the date on which the plaintiff mailed the summons and complaint. This time limit may be extended by the court if an extension is requested in writing by the plaintiff.

(D) The judge may find the defendant liable for any costs of service incurred by the plaintiff.

(E) The judge may dismiss the plaintiff's claim if the defendant has not filed an answer to service made under (l), and the return of service under (2)(C) is not filed within the 60-day time limit, or within a longer time period if an extension is allowed by the judge.

(c)Attachment; trustee process. Attachment and trustee process are not available prior to judgment.

(d) Pleading by defendant.

(1) The defendant must file an answer with the court clerk within 30 days of the date of mailing by the plaintiff, or within 30 days ofthe receipt of service completed by the sheriff, or another person authorized to serve process.

(2) The defendant may include in the answer a short statement of the nature and amount of any counterclaim that the defendant has against the plaintiff that arises from the same occurrence as the plaintiffs claim. Any judgment on a counterclaim may not exceed the statutory limit for small claims. The defendant must pay the required filing fee as specified in a current schedule published by the Court Administrator.

(3) The defendant must file only the original answer, any counterclaim, and any attachments with the court along with a certificate of service, and send a copy to the plaintiff.

(e) Default by defendant.

(1) If, after service is completed, a defendant fails to file a timely answer with the court clerk, the plaintiff may file, within 60 days of the date by which the defendant was required to answer, a motion for default judgment. The motion must be on a form obtained from the Judiciary website or at the clerk's office and must be accompanied by an affidavit signed personally by the plaintiff or a person with personal knowledge of the facts in the affidavit, The plaintiff must mail a copy of the motion and affidavit to the defendant's last known address and file with the clerk the applicable certificate of service, which is available on the Judiciary website and at the clerk's office.

(2) In cases based on a credit card debt, the motion for default must include a copy of (A) the contract or other documentary evidence of the original debt which must contain a signature of the defendant, or, if no such signed writing evidencing the original debt ever existed, then a copy of the last statement generated when the credit card was actually used for purchase or other competent evidence of the existence of the debt; and (B) the assignment or other writing establishing that the plaintiff is the owner of the debt.

(3) If a credit card debt has been assigned more than once, then each assignment or other writing evidencing transfer of ownership must be attached to establish an unbroken chain of ownership. Each assignment or other writing evidencing transfer of ownership must contain at least the last four digits of the original account number of the debt purchased or other identifying information uniquely associated with the account and must show the debtor's name associated with that account number.

(4) The judge may dismiss the plaintiff's claim if the motion and affidavit are not filed on time.

(f) Service of default judgment. To collect on the judgment, the plaintiff must have the default judgment served on the defendant by a sheriff (or other person authorized to serve process) with the plaintiff initially paying the costs of service. The judge may find the defendant liable for any costs of service incurred by the plaintiff. The plaintiff must file the return of service with the court before a financial disclosure hearing or any other enforcement of the judgment may be requested.

(g) Reopening a default judgment.

(1) A party against whom a default judgment has been entered (the "judgment debtor") may move to reopen the judgment.

(A) The judgment debtor must file the motion in writing with the court clerk no later than the time of the first financial disclosure hearing relating to the judgment.

(B) If no motion for a financial disclosure hearing has been filed, the court may not reopen the judgment unless (i) the motion is filed in writing with the court clerk no later than 90 days after service ofthe judgment on the defendant, or (ii) the court finds that the judgment debtor did not receive timely notice of the entry of the judgment.

(C) The judgment debtor must pay the required fee for filing a motion, as specified in a current schedule published by the Court Administrator, and file a certificate of service.

(2) A default judgment will not be reopened unless good cause is shown.

(h) Credit Card Debt Collection Actions. Any complaint based on a credit car debt shall contain additional information necessary to provide the court with sufficient information regarding standing and the statute of limitations. At a minimum, the complaint must include the following unless otherwise ordered by the court:

(1) The name of the original creditor, as well as the name of the current owner of the debt, if different.

(2) The last four digits of the original account number or other identifying information uniquely associated with the account.

(3) The date of last payment by the accountholder and the amount due at that time.

(4) The date the plaintiff claims the defendant defaulted and the basis for that default.

(5) The total amount currently due on the debt, with any amount of interest claimed post-default separately identified.

(6) The date and parties to the contract or other source of the original debt.

(7) If the debt was assigned, the date and parties to the assignment. If the debt has been assigned more than once, then the date and parties to each assignment must be identified to establish an unbroken chain of ownership. The complaint must allege that each assignment or other writing evidencing transfer of ownership (A) contains at least the last four digits of the original account number of the debt purchased or other identifying information uniquely associated with the account and (B) shows the debtor's name associated with that account number.

Vt. R. Small. Claims. P. 3

Adopted Mar. 6, 2002, eff. 9/1/2002; amended Feb. 5, 2008, eff. 4/7/2008; 7/10/2013, eff. 9/9/2013; 2/25/2015, eff. 3/30/2015; 4/28/2015, eff. 5/4/2015; 7/1/2015, eff. 9/1/2015; amended on an emergency basis Jan. 11 and Mar. 7, 2016, eff. 4/15/2016; amended Feb. 10, 2020, eff. 4/13/2020.

Reporter's Notes--Second 2016 Amendment

Rules 3(d) and (g) of the Vermont Rules of Small Claims Procedure as amended by emergency rule on January 11,2016, effective April 15, 2016, are further amended to eliminate and clarify the requirements ofthe January 11, 2016 amendments that the parties file documents after the original complaint and answer and that the clerk process the answer and other documents before they are served. These requirements were unnecessary and imposed burdens of time and expense on the clerks' offices.

Comparable provisions are added by simultaneous amendments to V.R.S.C.P. 7(a), 8(b), and 9(b).

Reporter's Notes-2020 Amendment

Rule 3 is amended, along with simultaneous amendments to Rules 7, 9, and 10, at the request of the Civil Division Oversight Committee to address the problem that currently there is no requirement that the plaintiff serve the defendant with a small claims default judgment.

Under the existing rules, because it is a default judgment the court has no good address for the defendant and therefore only sends a copy of the judgment to the plaintiff. However, Rule 7(a) provides for payment within 30 days of "entry of judgment," meaning the date that the judgment is docketed. If no such payment is made, plaintiff may file a motion for financial disclosure, and there is no requirement in Rule 7(a) that the plaintiff prove that the defendant has received or seen the judgment. The plaintiff is only required to file a certificate of service showing that the motion was sent to the defendant by regular mail. The plaintiff may also seek trustee process or a writ of execution, or may file a judgment lien, before the defendant knows of the judgment. V.R.S.C.P. 9. It is not until the next enforcement step (a motion for contempt for not complying with whatever order comes out of the financial disclosure hearing) that the plaintiff is required to have the sheriff personally serve the defendant. Even then, the judgment itself is not served, only the judicial summons to come to the hearing. V.R.S.C.P. 8(b)(2). Rule 10(a) presents a similar problem with appeals.

Accordingly Rule 3(f) is amended to require service by sheriff or other authorized person and the filing of proof of service in every case before enforcement proceedings are taken. Rule 3(g) is amended to conform to the amendment of Rule 3(f).