Connecticut Form JD-CV-40, the Small Claims Writ and Notice of Suit, is the document that starts a money-damages case in small claims court. The sequence trips most people up: you serve the defendant with the completed form first, then file it with the court. The filing fee is $95, the general damages cap is $5,000, and you have one month from the date of service to get your paperwork to the clerk.
Before You Start: Who Can Use Small Claims
Any individual or business owed money can bring a small claims action. The cap is $5,000 for most claims and $15,000 for claims arising from a home improvement contract or new home construction with a licensed contractor.1Justia Law. Connecticut General Statutes Title 51 Chapter 870 – Section 51-15 Libel and slander claims cannot be brought in small claims at all.
If your claim is larger than the cap, you can waive the overage and stay in small claims, or file on the Superior Court’s regular civil docket, which carries a $360 entry fee for most cases.2Justia Law. Connecticut General Statutes Title 52 Chapter 901 – Section 52-259 Waiving the overage means you cannot recover it even if you win.
Sole proprietors can represent themselves. An LLC or corporation generally needs an attorney to appear for it in court. When you are suing a business that operates under a trade name, include the “Doing Business As” designation so the court can match it to the registered entity.3Business.CT.gov. Trade Names
Filling Out Form JD-CV-40
The form is a fillable PDF on the Connecticut Judicial Branch website.4Judicial Branch of the State of Connecticut. JD-CV-40 – Small Claims Writ and Notice of Suit You will also need two companion forms: JD-CV-121 (Instructions to Defendant), which goes to the defendant with your writ, and JD-CV-123 (Statement of Service), which you later file with the court to prove the defendant received the papers.5Connecticut Judicial Branch. How Small Claims Court Works
Names and Addresses
Enter the full legal name and current mailing address for every plaintiff and defendant. Use a business’s legal entity name, not a storefront name, and add the DBA where one applies. Verify names against contracts, invoices, or the Secretary of the State’s business database before you type anything. A wrong name on a judgment can make it unenforceable later.
Amount of Damages
Enter the dollar amount you are claiming, keeping it at or below $5,000 for a general claim or $15,000 for a qualifying home improvement claim.1Justia Law. Connecticut General Statutes Title 51 Chapter 870 – Section 51-15 The form lets you add pre-judgment interest and court costs on top of the principal. Understate the principal and you shortchange your judgment; overstate it and you push yourself out of small claims.
Statement of Claim
Explain, in plain facts, why the defendant owes you money: what happened, when, and how much you lost. A clean statement reads like a short timeline. For example: “On March 5, 2025, Defendant agreed to paint the interior of my home for $3,200. I paid $1,600 up front. Defendant never began work and has not returned the deposit.” Skip legal conclusions and stick to the facts that prove them.
Affidavit of Debt and Military Affidavit
The form has a sworn affidavit confirming that the amount claimed is accurate and unpaid. It also has a military service affidavit required under the federal Servicemembers Civil Relief Act, where you state whether the defendant is on active military duty.6United States Courts. Servicemembers Civil Relief Act If you do not know, check the Defense Manpower Data Center at scra.dmdc.osd.mil using the defendant’s name and either a date of birth or Social Security number.5Connecticut Judicial Branch. How Small Claims Court Works This is not optional. Without a completed military affidavit, the court cannot enter a default judgment if the defendant never responds.
Notarization and Attachments
Your signature must be notarized, and you have to sign in front of the notary rather than beforehand.5Connecticut Judicial Branch. How Small Claims Court Works Banks, UPS stores, and town clerk offices typically offer notary services. Attach copies of documents that back up your claim: invoices, contracts, letters, estimates, canceled checks, account statements, or photographs. These attachments go to the defendant along with the writ, so make copies before you hand anything over.
Serve the Defendant First
This is the step most filers reverse. In Connecticut small claims, the defendant must receive a copy of the completed JD-CV-40, your attachments, and the Instructions to Defendant (JD-CV-121) before you submit anything to the clerk.4Judicial Branch of the State of Connecticut. JD-CV-40 – Small Claims Writ and Notice of Suit
Four methods of service are allowed:7Connecticut Judicial Branch. How to Serve a Small Claims Writ and Notice of Suit
- USPS Priority Mail with delivery confirmation. Keep the confirmation the Postal Service sends you.
- USPS Certified Mail with return receipt requested. Keep the signed return receipt or electronic confirmation.
- A nationally recognized courier such as FedEx or UPS with delivery confirmation. Keep the confirmation.
- Service by a Connecticut state marshal, who delivers the documents and gives you a written return of service. Marshal fees are set by statute, so ask about the cost before hiring one.8CT.gov. State Marshal Commission – Frequently Asked Questions
Service by a state marshal is required when the defendant is a business organized under the laws of another state.5Connecticut Judicial Branch. How Small Claims Court Works For everyone else, the mailing options cost far less. Whichever method you use, keep the delivery proof. You will need it for the Statement of Service.
Filing With the Court
After service is complete and you have proof of delivery, file the original JD-CV-40, copies of your attachments, and a completed Statement of Service (JD-CV-123) for each defendant. You must file within one month of the date you served the defendant.5Connecticut Judicial Branch. How Small Claims Court Works Miss that window and you will have to serve the defendant again.
Where to File
You can file electronically through the Connecticut Judicial Branch E-Services portal. Enroll at the E-Services welcome page, verify your email, and accept the user agreement to activate your account.9Connecticut Judicial Branch. E-Services for Self-Represented Parties Then upload your documents and pay by credit or debit card.
For paper filings, send everything to the Centralized Small Claims office at 80 Washington Street, Hartford, CT 06106.10Connecticut Judicial Branch. Where to File a Small Claims Matter You can reach that office at 1-866-383-5927 toll free or 860-756-7800 in the Hartford area.
The $95 Filing Fee
The entry fee is $95, set by statute.2Justia Law. Connecticut General Statutes Title 52 Chapter 901 – Section 52-259 E-filers pay online. Paper filers include a check or money order payable to the Clerk of the Superior Court. In-person payments can be made by MasterCard or Visa.11Connecticut Judicial Branch. Court Fees
Fee Waivers
If you cannot afford the $95, you can ask the court to waive it. Connecticut law creates a presumption of indigency if you receive public assistance such as SNAP, Supplemental Security Income, or temporary family assistance, or if your income after taxes, mandatory deductions, and child care is at or below 125 percent of the federal poverty level.12Justia Law. Connecticut General Statutes Title 52 Chapter 901 – Section 52-259b A granted waiver also covers service of process. If the court denies your application, you can request a hearing, and if denied again, petition the Appellate Court for review at no cost.
What Happens After You File
Once the court accepts the filing, it assigns a docket number and sets an answer date. The court mails the defendant an answer form (JD-CV-040A1), and the defendant must file a written answer by that date.13Connecticut Judicial Branch. Small Claims Frequently Asked Questions
If the defendant does not respond, the court may enter a default judgment for the full amount of your claim plus costs, but only if your military service affidavit is on file.5Connecticut Judicial Branch. How Small Claims Court Works If the defendant believes you owe them money, they can file a counterclaim on or before the answer date; the counterclaim fee is also $95.13Connecticut Judicial Branch. Small Claims Frequently Asked Questions Either party can move to transfer the case to the Superior Court’s regular civil docket by paying a $125 fee.2Justia Law. Connecticut General Statutes Title 52 Chapter 901 – Section 52-259
Hearings are conducted remotely by computer, phone, or from a remote room at your local courthouse, and most cases are decided by a magistrate rather than a judge.5Connecticut Judicial Branch. How Small Claims Court Works
One boundary worth knowing before you start: there is no right to appeal a Connecticut small claims decision.13Connecticut Judicial Branch. Small Claims Frequently Asked Questions And if you win, the court does not collect the money for you. You will need to pursue a wage, bank, or property execution on your own, with ten years from the date of judgment to do it.