Effective March 17, 2022, Millard County Justice Court’s Small Claims cases will be handled through a new process, Online Dispute Resolution, or ODR.
Visit ODR Pilot Project web page.
Additionally, Supreme Court Standing Order No. 13 is the most valuable resource for information on this new proces
The Millard County Justice Court has jurisdiction over small claims cases if the defendant (the person being sued) resided in Millard County or if the debt arose within the Millard County limits. The only exception is if the defendant resides or the debt arose within the Delta City Limits. **All instances should contact the Delta City Justice Court.
If you have further questions, you can go directly to www.utcourts.gov/howto/smallclaims or consult an attorney of your choosing.
Small claims can be filed for a claim up to $15,000.00. The claim must be for actual damages.
| Fee Schedule for Small Claims Cases | |
|---|---|
| Claims Amounts | Fee |
| $2,000 or less | $60 |
| $2,001 – $7,500 | $100.00 |
| $7,501 – $15,000 | $185.00 |
After the Affidavit and Summons is filed with the court, the plaintiff (the person filing the claim) is responsible to serve the defendant with notice of the suit and the trial date. It is the Plaintiff’s responsibility to provide proof of service to the Court at least 20 days prior to the scheduled Small Claim Trial date.
Filing a Small Claims Case using ODR (Online Dispute Resolution)
All email communications to the Court, need to be directed to: millardjustice@gmail.com
Filing a small claims case in the Millard County Justice Court requires participation in ODR, you must use this Small Claims Affidavit and Summons:
- Checklist for Completing ODR Small Claims Affidavit and Summons – PDF
- ODR Small Claims Affidavit and Summons – PDF | Word
- To log into or register your ODR account go to https://pubapps.utcourts.gov/OnlineDisputeResolutionWEB
Please make sure that you present the above Affidavit and Summons to the Court when filing. This is important for anyone you have serving papers, as it provides direction for the ODR process to the Defendant being served in the matter.
- ODR Motion for Default Judgment – PDF | Word
- Order Granting Default Judgment in ODR – PDF | Word
- Military Affidavit (Required when filing Affidavit and Summons. Website to verify active military service record – Click Here)
The above form(s) are to be used in the event one of the parties failed to register online or seek exemption in the time frame allotted. (Reference Supreme Court Standing Order No. 13, paragraph 4)
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- Motion to Enforce Settlement Agreement – Small Claims Case
- Order on Motion to Enforce Settlement Agreement and Judgment – Small Claims Case
- Military Affidavit (Required when filing Affidavit and Summons. Website to verify active military service record – Click Here)
The above form(s) are to be used if a settlement agreement isn’t adhered to, and there wasn’t a judgment entered at the time of the settlement. The plaintiff can provide these documents to the court to get a judgment. It requires the plaintiff to account for any payments that were made to ensure the judgment is for the correct amount.
- Motion to Dismiss for Lack of Plaintiff Participation in ODR – PDF | Word
- Order to Dismiss for Lack of Plaintiff Participation in ODR – PDF | Word
The above form(s) are to be used by the Defendant in the matter when the Plaintiff has failed to respond within ODR System for over 10 days. (Reference Supreme Court Standing Order No. 13, paragraph 4)
The above form is to be used if you qualify to exempt from this process. (Reference Supreme Court Standing Order No. 13, paragraph 4)
If no agreement was reached in the ODR, facilitation portion of the Small Claim process, you will need to prepare for Trial and a Court date will be set.
POST ODR FORMS
Forms for Resolution of Small Claims Filings
- Motion and Order to Postpone + Instructions
- Motion and Order to Dismiss + Instructions
- Motion and Order to Set Aside + Instructions
- Satisfaction of Judgement – PLA
- Motion to Declare the Judgment Satisfied – DEF
- Order to Declare the Judgment Satisfied – DEF
- Proof of Service
Forms for Supplemental Proceedings
- Ex Parte Motion for Hearing to Identify Judgment Debtor’s Property
- Order Scheduling Hearing to Identify Judgment Debtor’s Property
- Answers to questions about Judgment Debtor’s Property
Abstract of Judgement/Judgement Lien Forms
- Application for Writ of Execution
- Writ of Execution
- Notice of Execution and Exemptions
- Reply and Request for Hearing
Forms for Garnishment and Writs
- Employment Verification
- Response to Request for Employment Verification
- Judgement Information Statement
- Application for Writ of Garnishment
- Writ of Garnishment and Instructions
- Writ of Continuing Garnishment and Instructions
- Garnishee’s Answers to Interrogatories
- Garnishee’s Answers to Interrogatories for Property other than Earnings
- Notice of Garnishment and Exemptions
- Request for Hearing
- Ex Parte Verified Motion to Enforce Writ of Garnishment
- Request to Submit for Decision
- Order to Attend Hearing – Garnishee
- Order on Motion to Enforce Writ of Garnishment