VERMONT SMALL CLAIMS COMPLAINT
(Draft Template – Court-Ready Form)
[// GUIDANCE: This template is drafted to comply with the Vermont Small Claims Statute (12 V.S.A. § 5531 et seq.) and the Vermont Rules of Small Claims Procedure (“V.R.S.C.P.”). It is intended for money-damage actions not exceeding the statutory limit (currently $5,000, exclusive of interest and costs). Customize all bracketed fields before filing.]
TABLE OF CONTENTS
- Document Header (Caption & Party Information)
- Preliminary Statements & Jurisdictional Allegations
- Statement of Facts
- Cause(s) of Action
- Damages & Prayer for Relief
- Certification of Monetary Limit & Non-Jury Proceeding
- Verification (Required by V.R.S.C.P. 4)
- Signature Block
- Notice of Appeal Rights (Optional but Recommended)
1. DOCUMENT HEADER
STATE OF VERMONT
SUPERIOR COURT — [COUNTY] UNIT
SMALL CLAIMS DIVISION
Docket No.: [____]
[PLAINTIFF NAME(S)],
Plaintiff(s),
v.
[DEFENDANT NAME(S)],
Defendant(s).
SMALL CLAIMS COMPLAINT
Effective Date: [DATE OF FILING]
2. PRELIMINARY STATEMENTS & JURISDICTIONAL ALLEGATIONS
-
Parties
a. Plaintiff [PLAINTIFF NAME] is an individual/business with a principal address at [ADDRESS].
b. Defendant [DEFENDANT NAME] is an individual/business with a principal address at [ADDRESS]. -
Governing Law & Venue
This action is brought pursuant to 12 V.S.A. § 5531 and the V.R.S.C.P. Plaintiff affirmatively pleads that:
a. The amount in controversy does not exceed $5,000, exclusive of interest and costs.
b. The claim arises out of events occurring in the State of Vermont, and Defendant resides, does business, or may be served within [COUNTY] County, rendering venue proper in this Court. -
Nature of Relief Sought
Plaintiff seeks monetary damages only. No injunctive or equitable relief is sought, as such remedies are unavailable in Vermont Small Claims actions.
3. STATEMENT OF FACTS
-
On or about [DATE], Plaintiff and Defendant entered into [describe agreement/transaction] wherein Defendant agreed to [describe obligation].
-
Plaintiff fully performed all conditions precedent, including but not limited to [list performance, deliveries, payments, etc.].
-
Defendant breached the foregoing agreement and/or duty by [describe conduct] on or about [DATE(S)].
-
As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered damages in the amount of $[CLAIM AMOUNT], plus statutory interest and court costs.
4. CAUSE(S) OF ACTION
COUNT I — [BREACH OF CONTRACT / NEGLIGENCE / CONSUMER FRAUD, etc.]
8. Plaintiff realleges and incorporates paragraphs 1-7 as if fully set forth herein.
9. [Set forth required elements briefly and clearly.]
10. Plaintiff is therefore entitled to judgment against Defendant in the amount specified herein.
[Repeat for additional counts as necessary.]
5. DAMAGES & PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
A. Compensatory damages in the amount of $[CLAIM AMOUNT];
B. Pre- and post-judgment interest as permitted by law;
C. Statutory court costs and allowable fees; and
D. Such other and further relief as this Court deems just and proper.
6. CERTIFICATION OF MONETARY LIMIT & NON-JURY PROCEEDING
Pursuant to 12 V.S.A. § 5531 and V.R.S.C.P. 2:
I, the undersigned, hereby certify that the total amount of damages sought in this action does not exceed $5,000 (exclusive of interest and costs) and that I understand no jury trial is available in the Vermont Small Claims Division.
7. VERIFICATION
I, [PLAINTIFF NAME], being duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; that the same is true to my own knowledge except as to those matters stated on information and belief, and as to those matters I believe them to be true.
[PLAINTIFF NAME]
Subscribed and sworn before me on this ___ day of ____, 20__.
Notary Public
My commission expires: ____
8. SIGNATURE BLOCK
Respectfully submitted,
[PLAINTIFF NAME]
[MAILING ADDRESS]
[PHONE] | [EMAIL]
[// GUIDANCE: If Plaintiff is represented by counsel, insert attorney signature block compliant with V.R.C.P. 11 and Vermont Attorney Licensing requirements.]
9. NOTICE OF APPEAL RIGHTS
[// GUIDANCE: Vermont law grants either party the right to appeal a final Small Claims judgment to the Civil Division of the Superior Court within 30 days of entry. While not mandatory to include in the Complaint, providing this notice promotes transparency.]
Either party may appeal the final judgment of the Small Claims Division to the Civil Division of the Superior Court within thirty (30) days after the date of entry of judgment, pursuant to 12 V.S.A. § 5538 and V.R.S.C.P. 10.