In the Small Claims Division, the plaintiff will be requested to fill out a Small Claims Complaint. The court clerks are trained and available to assist individuals in preparing and typing their complaints. The Court clerks are prohibited from preparing complaints and other papers required for corporations, associations or partnerships. Court employees are also prohibited from giving legal advice. The Court clerks are here to assist you in filing your small claims, but we cannot interpret the law for you. 
 
Small Claims Complaint forms can be obtained from the Clerk’s Office or you may download it. Please note that all Small Claims Complaints are required to be typed. The plaintiff will need to bring to the clerk the following:

  • The name of the defendant,
  • The current address of the defendant
  • The amount of the claim
  • The basis of the claim and
  • The filing fee for the small claims complaint


Attorneys

Neither party may be represented by counsel and parties must appear in person, except for corporate parties, associations and partnerships which may appear by a personal representative. Parties that have attorneys must file their claims in the Civil Division of Superior Court and these claims are fully governed by the Virgin Islands Rules of Civil Procedures.

Service of Process

Upon the Plaintiff
If a date is available, the clerk will advise you of a date when you file your complaint. If a date is not available, a Deputy Marshal will deliver to you a Subpoena with the date and time that you should appear before the Court. Therefore, it is very important that you provide all current physical addresses (i.e. home, place of employment, general hangouts) and updated information where the deputy marshal may locate you for service during the pendency of the matter. 
 
Upon the Defendant
After the Small Claims Complaint is filed and a court date is assigned, these papers are sent to the Office of the Superior Court Marshal. A Deputy Marshal will serve the defendant with a summons to appear before the court for the scheduled hearing and a copy of your complaint. You may also utilize a private process server to serve the complaint on the defendant. Therefore, it is absolutely necessary, that you provide current addresses for each defendant and provide updated information during the pendency of the matter.