SENATE BILL REPORT
HB 1007
As Reported by Senate Committee On:
Law & Justice, March 20, 2025
Title: An act relating to requisites of notice in small claims actions.
Brief Description: Concerning requisites of notice in small claims actions.
Sponsors: Representatives Low, Taylor, Walen, Eslick and Goodman.
Brief History: Passed House: 2/13/25, 93-0.
Committee Activity: Law & Justice: 3/13/25, 3/20/25 [DP].
Brief Summary of Bill
  • Requires a notice of claim for small claims to state that failure to appear may, rather than will, result in default judgment against the defendant.
SENATE COMMITTEE ON LAW & JUSTICE
Majority Report: Do pass.
Signed by Senators Dhingra, Chair; Trudeau, Vice Chair; Holy, Ranking Member; Fortunato, Lovick, Salomon, Torres, Valdez and Wagoner.
Staff: Patrick Moore (786-7535)
Background:

Small Claims. Within each district court is a small claims department which has nonexclusive jurisdiction over cases for the recovery of money only if the amount claimed does not exceed $10,000 in cases brought by a natural person or $5,000 in all other cases. In small claims cases, formal pleadings are not required, and hearings and dispositions are conducted informally. Each party in a small claims case is usually self-represented, and attorneys are not allowed to participate unless the judge grants permission. Parties may appeal small claims judgments to the superior court, but no party may appeal a judgment where the amount claimed is less than $250, and the party who filed the claim may not appeal unless the amount claimed exceeds $1,000.

 

Notice of Claim. Upon filing of the claim, the court sets a time for a hearing and issues a notice of claim. The notice of claim directed to the defendant must contain:

  • the name and address of the plaintiff;
  • a brief and concise statement of the nature and amount of the claim; 
  • a statement directing the defendant to appear in the small claims department at a specified time not less than ten days from the date of service of the notice; and
  • a statement advising the defendant that if the defendant fails to appear, judgment will be given against defendant for the amount of the claim.

 

Default Judgment. When a defendant fails to appear and plead at the time specified in the notice, a default judgment may be entered against them.  If amounts of damages claimed are uncertain or other issues of fact need to be proven, the court may consider evidence to make those determinations. Unless later set aside by the court, a default judgment has the same effect as any legal judgment.  
Summary of Bill:

The notice of claim directed to the defendant must contain a statement advising the defendant that if the defendant fails to appear, judgment may be given against the defendant for the amount of the claim, rather than will be given. 
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:

PRO: This bill is a result of conversation with district court judges regarding issues they are facing.  Current law requires notification to small claims defendants that judgment will be given against them if they do not appear. This conflicts with the actual law regarding default judgments. There are cases where it is not appropriate to issue a judgment to the plaintiff when the defendant does not appear.  For instance, when the plaintiff cannot show a monetary loss they are not entitled to a judgment. This bill passed the House of Representatives with a unanimous vote in favor.
Persons Testifying: PRO: Representative Sam Low, Prime Sponsor; Judge Karl Williams, District & Municipal Court Judges' Association; Melissa Johnson, District & Municipal Court Judges' Association.
Persons Signed In To Testify But Not Testifying: No one.