100-00257 Complaint & Notice to Plaintiff (04/2016) Page 2 of 3
You are required to briefly explain your complaint on the Complaint form. You should give enough information for the
person you are suing and the judge to know what you are talking about. For example, if you are suing your landlord to
return a security deposit, simply state that you rented an apartment from the defendant, paid a security deposit at that
time and the defendant has refused to return it to you. To be perfectly clear, include all important dates. Then, fill in
the amount owed to you and any interest you are claiming on that amount.
You must do the following:
Attempt to serve the defendant by mailing by first class mail a copy of the Summons and Complaint and any
attachments, the Information and Instructions Sheet for Defendant, and an Answer form to the defendant. The
documents must be mailed to the defendant within 7 days of receipt of the Summons and Complaint with
docket number from the court. You must also then mail a Certificate of Service to the court.
If the defendant does not answer within 30 days from the date you mailed the Complaint, in order to pursue
your case, you must: have the Summons and Complaint and any attachments, the Information and Instructions
for Defendant, and Answer form served by the sheriff or constable.
To serve by sheriff or constable:
o There will be a fee for service.
o Take a copy of the Summons and Complaint and any attachments, the Information and Instructions for
Defendant, Answer form, and Return of Service form to the sheriff or constable in the county where
defendant lives. You can also call the sheriff or constable to ask about mailing them the papers instead of
going to their office.
o Once the paperwork has been served, the sheriff or constable will provide you a Return of Service indicating
what documents were served and the amount you were charged for this service.
o In order to obtain judgment, you must file the Return of Service with the court within 60 days from the day
you first mailed the Summons and Complaint.
If you do not serve the defendant on time and show the court you have done so, your case may be dismissed.
After the defendant has received notice of the Complaint, the defendant has 30 days to answer your Complaint.
If the defendant answers and agrees that they owe the money, the court will issue a judgment order.
If the defendant answers and disputes the claim, the court will set the matter for hearing and mail both parties a Notice
of Hearing. Please Note – the hearing schedule varies from court to court; you may not receive a notice right away.
If the defendant does not answer within 30 days after being served by a sheriff or constable, in order to pursue your
claim, you must do the following within 60 days of the date the Answer was due:
o File with the court a Motion for Default Judgment and Affidavit (from https://www.vermontjudiciary.org or
the clerk’s office).
o Mail a copy of the Motion for Default Judgment and Affidavit to the defendant, and file the applicable
Certificate of Service with the court.
o The judge may dismiss your case if this Motion and Affidavit are not filed on time.
A settlement may occur at any time. The defendant may contact you and the two of you may be able to work something
out without going to court. If you do settle your case, please notify the court in writing so your case can be closed.
You may bring a lawyer with you or talk with one before the hearing. However, small claims hearings are designed to be
as informal as possible so that in most cases, you should be able to handle your own case.
PLEASE REMEMBER TO USE YOUR DOCKET NUMBER WHENEVER YOU CONTACT THE COURT REGARDING YOUR CASE.
IMPORTANT: NOTIFY THE COURT IN WRITING OF ANY CHANGES IN YOUR ADDRESS OR PHONE NUMBER.
