Utah small claims
How to fill out Utah's Affidavit and Summons (Small Claims)
Official form: Affidavit and Summons (Small Claims) · Walkthrough written against Approved Board of Justice Court Judges September 22, 2010; revised May 9, 2017
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Get the official form from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
Utah starts a small claims case with one four-page document: the "Affidavit and Summons (Small Claims)." Pages 1–2 are your sworn affidavit — the claim, the facts, and a set of screening checkboxes — and pages 3–4 are the Summons and the bilingual (English/Spanish) notice the court completes and the defendant receives. It is filed in the justice court (or, in defined situations, the district court) and covers money claims up to $20,000.
It is an affidavit, not just a signed form: the opening line is "I swear that the following is true," and the signature is made under oath in front of a court clerk or a notary public, who completes a certification block on the form. Signing at the clerk's counter when filing is a common way to handle it.
A distinctive feature is the arithmetic in paragraph (1): the form itemizes the claim, the filing fee, an estimated service fee, and (only with legal authority attached) estimated attorney fees, then totals them — so the fees ride along with the claim rather than being tracked separately.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The header and caption
Name, address, city/state/zip, phone, email — and who you are
Your contact block, plus checkboxes completing "I am the [ ] Plaintiff [ ] Attorney for the Plaintiff" (with a Utah Bar number line for attorneys).
Court, district, county, and parties
"In the Justice Court of Utah," the judicial district and county, the court's address, and the party names — the form has lines for one plaintiff and two defendants. Case number and judge are the court's to fill.
Paragraph (1) — the claim and fee arithmetic
"Defendant owes me $___ for the claim described in paragraph (2)"
The principal amount of the claim, which must be within the $20,000 small claims limit.
Plus the filing fee, estimated service fee, and estimated attorney fees
Dollar lines that add the filing fee and an estimate of what service will cost. The attorney-fees line carries the form's own condition: "Attach statute or contract showing you are authorized to claim attorney fees." A total line sums everything, and pre-printed text adds prejudgment interest "if qualified for prejudgment interest."
Paragraph (2) — the facts
"The events happened on ___ (date). My claim is based on the following facts."
The date of the events and a lined space for the factual basis of the claim in your own words.
Paragraphs (3)–(6) — jurisdiction and screening checkboxes
(3) Venue checkboxes
Two options, at least one of which is checked: "Defendant resides within the jurisdiction of the court" or "The events happened within the jurisdiction of the court." This is how the form establishes that this particular justice court can hear the case.
(4) Government-entity statement
A checkbox affirming: "I am not suing a government entity. I am not suing a government employee for the employee's on-the-job conduct." Claims against governments follow a different process that small claims doesn't handle.
(5) Assigned-claim statement
A checkbox affirming "I am not suing on a claim that has been assigned to me" — purchased or transferred debts don't belong on this form.
(6) The district-court exception (Cache County example)
A checkbox used only when the filing goes to a district court because the defendant's municipality has no justice court — the form spells out the scenario for the First District Court for Cache County. Most filers leave it blank.
"I have not included any non-public information in this document."
A pre-printed certification that the affidavit contains no protected non-public information — court filings are public records, and confidential data is filed separately.
Signature and oath
Sworn signature before a court clerk or notary public
You date and sign; below that, the certification block is completed by the person who administered the oath — it states that you are known to them or presented identification, and that you signed under oath in their presence and declared the affidavit true. The block has a signature line for the court clerk or notary public and a notary seal box.
Pages 3–4 — the Summons and Notice to the Defendant (court-completed)
Summons with trial date, time, room, and judge
The Summons names the defendants, orders them to appear at trial at the court address, warns that judgment may be entered for the total amount claimed on non-appearance, and carries the trial date and time the court sets. The whole page appears in English and Spanish.
Notice to the Defendant
Pre-printed information for the defendant: where to find small claims instructions and legal help on utcourts.gov, that attendance is mandatory, to bring evidence, how to request an interpreter or disability accommodation, and that a jury trial requires filing documents to remove the case to district court. The court clerk signs and dates it.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Signing the affidavit at home — it must be sworn before a court clerk or notary public, who completes the certification block; an unsworn affidavit is incomplete.
- ⚠Claiming attorney fees without attaching the statute or contract that authorizes them — the form's own parenthetical requires the attachment.
- ⚠Checking neither box in paragraph (3) — the venue checkboxes are how the form shows this court can hear the case.
- ⚠Suing a government entity or an employee for on-the-job conduct — paragraph (4) has you affirm you are not, because those claims follow a separate process.
- ⚠Suing on an assigned (purchased or transferred) claim — paragraph (5) rules it out on this form.
- ⚠Including non-public information in the affidavit — the pre-printed certification says you haven't, and filings that violate it get flagged.
What filing costs, and where it happens
Utah's small claims filing fees are tiered by claim amount under Utah Code § 78A-2-301: $60 for claims of $2,000 or less, $100 for claims over $2,000 up to $7,500, and $185 for claims of $7,500 or more — amounts exclusive of court costs, interest, and attorney fees. Service costs are separate (the form itself budgets an estimated service fee into the total). The courts' published fee schedule on utcourts.gov is the authoritative source; verify with the clerk before filing.
You file with the clerk of the justice court whose jurisdiction matches paragraph (3) — where the defendant resides or where the events happened. Filing in person lets the clerk administer the oath on the spot. The court completes the Summons with the trial date, the defendant is served, and both sides appear at trial with their evidence; a defendant who wants a jury must remove the case to district court first.
Published fees and court locations for your county are in our Utah small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Where do I get Utah's small claims Affidavit and Summons?
From the Utah courts website — the official PDF is free (linked on this page), and the courts' small claims pages at utcourts.gov carry the companion instructions and forms. Justice court clerks also provide it.
Does the affidavit have to be notarized?
It must be sworn — signed under oath before either a court clerk or a notary public, who completes the certification block on page 2. Signing at the clerk's counter when you file handles it without a separate notary visit.
How much can I sue for in Utah small claims?
Up to $20,000 — one of the highest small claims limits in the country.
What does it cost to file?
$60, $100, or $185 depending on the claim amount, plus service costs. The form has you write the filing fee and estimated service fee into the paragraph (1) total. Verify the current figures with the clerk before filing.
What happens after I file?
The court sets the trial date on the Summons pages, the defendant is served, and both parties appear at trial — the summons warns the defendant that non-appearance can mean judgment for the total amount claimed. The defendant's notice explains interpreters, accommodations, and the district-court removal route for a jury trial.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.