SMALL CLAIMS WRIT AND COMPLAINT

Superior Court of Connecticut – Small Claims Session

[// GUIDANCE: This template is drafted to be attached to, or integrated into, Connecticut Judicial Branch Form JD-CV-40 (“Small Claims Writ and Notice of Suit”). The form MUST still be filed. Insert the substantive allegations from Sections III–VI below into Form JD-CV-40, Item 2 (“Statement of Claim”) or attach this document as “Exhibit A” to that form.]

I. DOCUMENT HEADER

Court: Superior Court of Connecticut, Small Claims Session at [COURT LOCATION]
Docket No.: SC-[YEAR]-[SEQUENCE]
Plaintiff: [PLAINTIFF LEGAL NAME], of [ADDRESS], [CITY], Connecticut [ZIP]
Defendant: [DEFENDANT LEGAL NAME], of [ADDRESS], [CITY], Connecticut [ZIP]
Effective Filing Date: [MM/DD/YYYY]
Governing Law: Connecticut state law; Conn. Gen. Stat. § 51-15(d) (monetary jurisdiction)
Forum Selection: Small Claims Session of the Superior Court (no jury; non-arbitrable)

II. DEFINITIONS

For ease of reference, the following capitalized terms are used throughout this Complaint:

1. “Plaintiff” means the party identified above as Plaintiff, together with any lawful successors or assigns.
2. “Defendant” means the party identified above as Defendant, together with any lawful successors or assigns.
3. “Claim” means the cause(s) of action asserted herein for monetary damages not exceeding the Small Claims jurisdictional limit.
4. “Small Claims Rules” means Chapter 24 of the Connecticut Practice Book and all applicable statutory provisions governing small claims proceedings.

III. OPERATIVE PROVISIONS (STATEMENT OF CLAIM)

1. Jurisdiction & Venue
   a. This Court has subject-matter jurisdiction because the amount in controversy does not exceed $5,000 exclusive of interest and costs, as required by Conn. Gen. Stat. § 51-15(d).
   b. Venue is proper in this Small Claims Session because the Defendant resides, does business, or is otherwise subject to service of process within this judicial district.

2. Factual Allegations
   a. On or about [DATE], the Plaintiff and Defendant entered into a(n) [TYPE OF AGREEMENT/TRANSACTION] whereby Defendant agreed to pay Plaintiff $[AMOUNT] in exchange for [DESCRIPTION OF GOODS/SERVICES/OBLIGATION].
   b. Plaintiff fully performed all material obligations under the agreement, including but not limited to [SPECIFY PERFORMANCE].
   c. Despite due demand on [DATE(S)], Defendant has failed and refused, and continues to fail and refuse, to pay the balance of $[PRINCIPAL AMOUNT].
   d. As a direct and proximate result, Plaintiff has sustained monetary damages in the principal amount of $[PRINCIPAL AMOUNT], plus contractual or statutory interest of $[INTEREST AMOUNT] (if applicable), for a total not exceeding $5,000.

3. Conditions Precedent
   All conditions precedent to bringing this action have been satisfied, waived, or have occurred.

IV. REPRESENTATIONS & WARRANTIES

1. Plaintiff represents that:
   a. The Claim is bona fide, made in good faith, and not for the purpose of harassment.
   b. The total amount sought, inclusive of any allowable interest and costs, does not exceed the statutory maximum for Small Claims court.
   c. No other civil action between the parties concerning this Claim is pending in any court.

2. Plaintiff warrants that all factual statements herein are true to the best of Plaintiff’s knowledge, information, and belief, and are supported by competent evidence.

V. COVENANTS & RESTRICTIONS

[Reserved – Not applicable in this Small Claims Complaint]

VI. DEFAULT & REMEDIES (PRAYER FOR RELIEF)

WHEREFORE, Plaintiff respectfully requests that judgment enter in Plaintiff’s favor and against Defendant for:

1. Principal Damages: $[PRINCIPAL AMOUNT];
2. Pre-judgment interest (if contractually or statutorily authorized) from [DATE] at [RATE]% per annum, to the date of judgment, not to exceed the jurisdictional limit;
3. Statutory post-judgment interest as permitted by law;
4. Court costs and service fees as assessed by the Clerk; and
5. Such other and further relief as equity and justice may require, provided that the total monetary award shall not exceed $5,000, exclusive of costs and statutory interest.

VII. RISK ALLOCATION

[Indemnification, liability caps, and force majeure are not applicable or available in Small Claims proceedings and are therefore omitted.]

VIII. DISPUTE RESOLUTION, APPEAL & TRANSFER RIGHTS

1. This action is governed exclusively by Connecticut Small Claims Rules.
2. There is no right to jury trial in Small Claims.
3. A Defendant may, prior to the answer date, file a motion to transfer the case to the regular Superior Court docket pursuant to Practice Book § 24-21.
4. Judgments in Small Claims matters are generally final and non-appealable; however, any party may move to open, set aside, or modify a judgment within four (4) months for the limited grounds set forth in Practice Book § 24-17.

IX. GENERAL PROVISIONS

1. Integration. This Complaint constitutes the entire statement of the Claim.
2. Amendments. Any amendment of this Complaint shall comply with Practice Book § 24-11.
3. Severability. If any portion of this Complaint is deemed invalid, the remaining portions shall remain in full force and effect to the maximum extent permitted by law.
4. Electronic Signatures. Electronic signatures are accepted pursuant to Connecticut Practice Book § 4-4.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of _ 20.

[PLAINTIFF NAME]
Plaintiff, pro se / by counsel
[ADDRESS]
[PHONE]
[EMAIL]

[// GUIDANCE: If the Plaintiff is represented, insert attorney appearance block with Juris Number. If pro se, omit Juris Number.]

VERIFICATION

I, [PLAINTIFF NAME], being duly sworn, depose and say that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint, and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]

Subscribed and sworn before me on this ___ day of _ 20.

Notary Public / Commissioner of the Superior Court
My Commission Expires: ____

CERTIFICATION OF SERVICE

I certify that a copy of this Small Claims Writ and Complaint, together with all required attachments, was or will be delivered to the Clerk of Court for service upon the Defendant(s) in accordance with Practice Book § 24-3.

[PLAINTIFF OR COUNSEL SIGNATURE]
Date: //20___

[// GUIDANCE: In Small Claims, the Clerk generally effects service via certified mail. Ensure correct Defendant address in Form JD-CV-40, Section 1.]

ATTACHMENTS CHECKLIST

1. Completed Connecticut Judicial Branch Form JD-CV-40
2. Exhibit A – This Small Claims Writ and Complaint (if filed as attachment)
3. Copies of all contracts, invoices, correspondence, or other evidentiary documents supporting the Claim
4. Affidavit of Debt (if claiming interest or finance charges)

[// GUIDANCE: File the original plus one copy of each attachment with the Clerk. Retain an additional copy for your records.]

End of Template