Idaho · Roommate money dispute

Roommate money dispute in Idaho small claims

Ex-roommate owes you money? Recover it in small claims.

When a roommate leaves without paying their share of rent, utilities, or other agreed expenses — or when money was lent and not repaid — small claims court is an accessible option to recover. Your case turns on showing what was agreed, what was paid by each person, and what remains unpaid. A written roommate agreement or lease addendum is the strongest evidence, but texts, emails, and payment records can also establish the arrangement.

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.

Roommate money dispute: steps that matter

1. Gather your roommate agreement, lease, and any written communications about shared expenses, payments made, and what was owed.
2. Compile payment records showing what you paid and what the other person did or did not pay.
3. Send a written demand for the amount owed and keep proof you sent it.
4. File in the court for the county where the rental property is located or where the defendant currently lives.

Filing your Claim (CAO SC 1-2) in Idaho

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 roommate money dispute

A roommate money dispute is usually a contract or debt claim — unpaid shared expenses, a loan between roommates, or one roommate leaving the other holding the lease. The statute of limitations is typically the contract or debt period, starting from when the money was due or the last payment was made.

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 roommate money dispute claim with your court before relying on any figure.

Idaho small-claims forms for your roommate money 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.