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What are the steps for Utah small claims court over a deposit or damages? Learn how to file, serve, prepare evidence, and collect your judgment.

What are the steps for Utah small claims court over a deposit or damages

UTAH LAW

Utah Small Claims for Deposits or Damages Exact Steps to File, Serve, and Win

A plain-English roadmap for Utah tenants and landlords on deposits, damages, filing, service, evidence, hearings, and collection

Utah Law Explained shows how to use small claims court when a landlord keeps your deposit or charges unfair damages. Utah’s process is designed to be simple and accessible without an attorney. You only need the right forms, deadlines, and prep.

This guide covers qualification, forms, where to file, proper service, evidence prep, what happens at the hearing, and what a judgment means. You will also see how to collect if you win and what to consider if you lose. This page is legal information, not legal advice.

01

Is It Small Claims?

Deposit and damage disputes almost always fit small claims. Confirm these basics first.

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Jurisdiction Limit

As of January 2025, Utah small claims courts handle up to $20,000. Most deposit or damage disputes fall under this cap.

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Type of Case

Use small claims for straightforward money disputes like unpaid deposits, excessive damage charges, or repair costs.

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Not Eligible

If you want the court to force repairs or take non-money action, that is outside small claims.

02

File

Start the case with the proper form in the proper court and pay the correct fee.

forms Affidavit and Summons – available from Utah Courts
where_to_file File in the county where the rental property is located
filing_fees About $60 to $185 depending on the claim amount

Check the amount you are claiming and attach a simple damages ledger. If you qualify for a fee waiver, submit it at filing to avoid delays.

03

Serve

Who Can Serve

Requirement: Service must be done by a sheriff, constable, or licensed process server – not by you.
Deadline: Complete service within 120 days of filing.
Proof: File proof of service to confirm notice to the landlord.

Tips for Smooth Service

Address: Use a reliable work or registered office address if home service is hard.
Tracking: Ask your server for status updates so you can re-try quickly if needed.

Common Mistakes

Do not: Serve papers yourself or miss the 120 day window.
Result: Bad service can delay the case or lead to dismissal without prejudice.
04

Prepare Evidence

Judges rely heavily on organized, timestamped evidence. Build a clean packet.

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Core Documents

Lease agreement, a copy of your demand letter with mailing receipts, and all written communications.

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Photos and Video

Move-in and move-out photos or video, labeled and dated. Side by side comparisons help.

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Money Proof

Invoices or estimates for real repair costs and a clear itemization of claimed amounts.

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Organization

Use a short index, page numbers, and tabs. Bring two sets – one for you and one for the landlord or judge.

05

Hearing

Hearings are informal compared to higher courts. You will present your story and documents concisely.

1

Setting

Each side tells their story, shows evidence, and answers the judge’s questions. Stay calm and stick to facts.

2

Focus Points

Normal wear and tear vs. real damage, notice and timelines, itemized deductions, and proof of costs.

3

Presentation

Use your index to move fast. Show before and after photos and the dollar link to each deduction.

06

Judgment and Collection

Winning is step one. Getting paid may require action.

If You Win

Order: The judge orders payment of the awarded amount.
Collection: If unpaid, consider wage garnishment or bank levy. Ask the clerk about post-judgment forms.

If You Lose

Appeal: You can appeal to district court. It is more formal and complex – consider legal advice.
Reality Check: Review evidence gaps and deadlines before spending time on an appeal.

Enforcement Mindset

Plan: Calendar your renewal and collection timelines. Keep copies of all filings and payments.
Tip: A short consult can speed up collection and avoid avoidable missteps.
07

Video and Social Learning Hub

Key Takeaways

Confirm you are under $20,000 and seeking money only – then file in the county of the rental.

Serve properly within 120 days and bring organized, timestamped evidence for deposits and damages.

Winning is step one – plan for collection with wage garnishment or bank levy if needed.

This page is legal information, not legal advice. When in doubt, get counsel before you file.

Next Step

Ready to act – gather your documents, fill out the Affidavit and Summons, and plan service. A short consult can prevent mistakes and delays.

Book a Small Claims Consult

We will help you confirm eligibility, organize evidence, and understand filing, service, hearing day, and collection.

Utah Law Explained turns complex Utah rules into step-by-step guides you can use. We publish plain-English help across housing, family, consumer rights, employment, and small business so Utahns can make informed decisions.

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