Idaho · Contractor dispute
Contractor dispute in Idaho small claims
Contractor didn't finish or won't refund? Sue in small claims.
When a contractor takes a deposit and disappears, leaves a job unfinished, or does work that causes damage, small claims court is often the right venue to recover your money. You do not need a lawyer. Your case rests on your contract or estimate, proof of payment, documentation of what was promised, and evidence of what was actually delivered — or not delivered.
In Idaho, small-claims cases are heard in the Small Claims Department of the Magistrate Division of the District Court and you can sue for up to $5,000.
Good to know: Idaho small claims are heard in the Small Claims Department of the Magistrate Division of the district court (Idaho Code 1-2301). File in the county where the defendant lives or where the problem happened. No lawyer may speak for a party at trial.
Contractor dispute: steps that matter
- Gather your written contract, estimate, or text messages showing what was agreed, and keep all receipts and payment records.
- Document the incomplete or defective work with photos and, if possible, a written assessment from another contractor.
- Send a written demand to the contractor stating what you are owed and a deadline to respond, and keep proof you sent it.
- File in the court for the county where the contractor operated or where the work was done, and bring every document to the hearing.
- If the contractor holds a license, check your state's licensing board — a complaint there may run parallel to your court case.
Filing your Claim (CAO SC 1-2) in Idaho
- Fill out the court forms. Complete the Claim form and Summons (free from the clerk or courtselfhelp.idaho.gov), sign and date them, and make a copy for yourself and each defendant. You can also file online at guideandfile.idaho.gov.
- File at the correct court and pay the fee. File in the county where the defendant lives or the problem happened and pay the $69 filing fee. Businesses must e-file where e-filing is available.
- Serve the defendant. Someone 18 or older (not you) must serve each defendant with the Summons, Claim, blank Answer, and defendant instructions, by certified mail or personal service. Incorrect service will close your case.
- File the Affidavit of Service. After service, the server completes the Affidavit of Service and you file it with the clerk. The deadline is usually 30 days (some courts allow up to 90); ask the clerk.
- Wait for the answer, then attend trial. The defendant has 21 days to answer. If they answer, the clerk mails you the trial date; if they do not, you can request a default.
Filing fees: The official self-help instructions list a $69 filing fee for small claims ($81 for a small claims appeal). Service fees (sheriff, certified mail, or process server) are additional and vary by method and county.
Deadline that applies to your contractor dispute
A contractor dispute is typically a contract claim — you hired someone, paid them (or they want payment), and the work was not done or not done properly. The contract statute of limitations is the usual deadline to file, though some claims may also involve property damage. Confirm which category applies to your situation with the court.
Written contract: 5 years (Idaho Code 5-216)
Answering a lawsuit: 21 days from service.
Serving the defendant: Each defendant must be served by someone 18 or older who is not the plaintiff, by certified mail (return receipt) or personal service via the sheriff, a process server, or another uninvolved adult. File the Affidavit of Service afterward, usually within 30 days (some courts allow up to 90).
Appeals: File a notice of appeal in the court that heard the case within 30 days of judgment; the appeal is a trial de novo.
All Idaho small-claims deadlines
The table below lists the filing deadlines Small Claims Department of the Magistrate Division of the District Court applies by claim category. Confirm the exact rule that applies to your contractor dispute claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (Idaho Code 5-216) | 5 years |
| Oral contract / debt (Idaho Code 5-217) | 4 years |
| Property damage (injury to goods/chattels; trespass to real property) (Idaho Code 5-218) | 3 years |
| Personal injury (Idaho Code 5-219) | 2 years |
Idaho small-claims forms for your contractor dispute case
These forms are published by the Small Claims Department of the Magistrate Division of the District Court. Download and complete them before filing.
- Claim (CAO SC 1-2): The form that starts the case; the plaintiff states the amount/basis of the claim and verifies it under penalty of perjury.
- Summons (CAO SC 1-1): Notifies the defendant of the suit and the 21-day response deadline; served on the defendant with the claim.
- How to Sue in Small Claims Court - Plaintiff (CAO SC 1-1a): Step-by-step plaintiff instructions for completing forms, filing, the $69 fee, and serving the defendant.
- Affidavit of Service (CAO SC 2-1): Proof of service the server completes and the plaintiff files with the court after the defendant is served.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Idaho Courts Self-Help: Small Claims. Last reviewed 2026-06-24.