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Can I bring witnesses to my Small Claims hearing?

All parties can bring witnesses (people who have first-hand knowledge of the case) to court to testify under oath at the hearing. If a witness will not agree to appear in court, the Court can issue a subpoena ordering the person to show up in court or give the Court documents that support the case. The subpoena must be served on the witness by a process server. The process server does not have to be approved by the Small Claims Clerk’s Office but must be over the age of 18 and cannot be a party to the case. The subpoena can be served in the District of Columbia or within 25 miles of the Court. All parties should bring to court, documents (contracts, receipts, promissory notes, letters, canceled checks, pictures or other written material) or other proof that relate to the case and all court documents filed in the Small Claims Clerk’s Office. A subpoena can also be issued to order a person to bring documents to court. There is no filing fee to issue a subpoena to a witness or to request documents. The subpoena should be issued well before the hearing date so there is time to serve it. Proof of service of the subpoena should be filed in the Small Claims Clerk’s Office, noting the manner of service, name of the person served and signed by the person who made the service, five business days before the court date. The proof of service is on the back of the subpoena form.

How may I get a money judgment in a Landlord and Tenant case?

A money judgment may be entered: (1) by consent of the parties; (2) on the defendant's confession of liability before the court; (3) by summary judgment in favor of the plaintiff or defendant; (4) at the conclusion of a trial or other hearing, (5) by default if certain requirements are met. See Super. Ct. L&T Rule 14. The court may also enter a money judgment if plaintiff's process server personally served the defendant with the complaint and summons or if defendant has asserted a counterclaim. See Super Ct. L&T Rule 3 and 14. In all cases, a party may be required to comply with certain requirements under the Debt Collection Statute, DC Code 28-3814 in order to obtain a money judgment. Parties seeking a money judgment should contact the Landlord and Tenant Legal Assistance Network or consult with an attorney on the complete requirements to obtain a money judgment in landlord and tenant court.

How much time do I have to execute or follow through on the money judgment?

If the judgment is unrecorded (that is, not recorded with the DC Recorder of Deeds) you have three years, and if the judgment is recorded, you have twelve years. Ask the clerk in the DC Recorder of Deeds Office about recording the money judgment. The number for the DC Recorder of Deeds (located within the DC Office of Tax and Revenue) is (202) 727-5374. The Recorder's Office is located at 1101 4th St SW, Washington, DC 20024