Small Claims Court - One Association's Experience

By: Yvonne Thompson, Applewood Condominiums

A Board member in an association Bell-Anderson manages wrote this great article for our Newsletter. The Association has been successful once in Small Claims Court and will very likely be successful again. This article shows to other struggling Boards that there is a way to collect a prior debt without paying out to an attorney.

Here is what happened:

1. The Board reviewed the account and decided to pursue the delinquency in small claims court. The maximum amount that can be claimed in small claims court is $5,000.00.

2. I visited the county website to get information on the small claims process and downloaded the required packet. The forms are located on the right-hand side of the page in PDF format at: http://www.kingcounty.gov/courts/DistrictCourt/SmallClaims.aspx

3. I completed the required form (be sure to check with Bell-Anderson for the delinquent amount owed and name/address information on file.) After completing the form, I visited the courthouse on 4th in Kent to file. The filing fee is $35.00. Once filed, you are given the small claims form back with a court date and receipt. You will also receive a duplicate copy of the form that must be served upon the delinquent party. Both forms are forwarded to Bell-Anderson; however I also made copies for the court date.

4. Bell-Anderson serves the delinquent party via certified mail or you may hire someone to physically serve them. You must be sure the party is served a minimum of ten days prior to the court date. At this point, you may need to hire an investigator to locate the delinquent party, especially if they have already vacated the property (as in a lender foreclosure.)

5. In preparation for court, Bell-Anderson forwarded all required documentation via email attachment to me. I printed it and took it with me on the court date as evidence of our claim. Bell-Anderson also provided the original postmarked certified return receipt to take to court as proof of service.

6. The trial took place in Renton. The court offered an "out of court" mediator service to try to negotiate/satisfy the delinquency prior to going through with the trial. If the association plaintiff decides to move forward with the trial then you will appear before the judge when called and provide all documentation for the claim. In our case, the delinquent party (defendant) appeared and the judge granted a judgment against them in our favor. Note: Be sure an actual Board member, preferably the Board President, goes to court because the plaintiff must have authority to represent the association or the case will be thrown out.

7. The defendant has 30 days to pay the judgment plus interest to Bell-Anderson on the association’s behalf. If the defendant fails to pay the judgment, Bell-Anderson and our attorney will pursue a garnishment against the defendant.

8. If the defendant fails to pay within the allotted 30 days, a Board member must re-visit the courthouse to have the judgment transferred to a civil docket for a $20.00 filing fee and forward the receipt to Bell-Anderson who will advise the attorney so they can initiate garnishment proceedings.