Small claims cases are handled in the District Court based on a contract, a retail sale, or services rendered, where the amount being sought is $5,000 or less. A small claims case is designed to dispense speedy and final justice. The clerks are not attorneys and cannot give legal advice. The clerks can provide information but cannot fill out forms or advise you as to how to handle a case. If you file a small claims case, you can only receive a judgment for money.
Service of Summons and Complaint
Personal service of a summons and complaint shall be made in the following manner:
- Upon an individual other than an incompetent person by delivering a copy to the defendant personally;
- By serving copies at the defendant’s dwelling house or usual place of abode with a person of suitable age and discretion residing therein;
- Delivering a copy to an agent authorized by appointment or by law to receive service of process;
- Upon a person for whom a guardian or conservator has been appointed;
- Upon a private corporation, domestic or foreign, by delivering a copy to an officer, a managing or general agent, or by leaving a copy at the office of the corporation with a person employed therein; or
- Upon a public corporation, body, or authority by delivering a copy to any officer, director, or manager thereof.
Service of a summons can be made by using the following methods:
- A deputy sheriff from the Rhode Island Sheriffs’ Department; or
- A constable licensed by the Department of Business Regulations
For alternative ways that service can be done, please seek guidance from an attorney. After service has been made, the original summons must be returned to the appropriate clerk’s office as proof that service has been made.
Mediation
Cases filed by self-represented plaintiffs will be referred to mediation upon an answer being filed. Should no agreement be made during mediation, the case shall be assigned for a trial before a judicial officer of the District Court.