Vermont · Unpaid personal loan

Unpaid personal loan in Vermont small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Vermont, small-claims cases are heard in the Vermont Superior Court, Civil Division (small claims) and you can sue for up to $10,000 (with a $5,000 cap for consumer-credit debt or medical debt).

Good to know: Vermont small claims is not a separate court but a procedure in the Civil Division of the Superior Court. File in the county where you or the defendant lives. Lawyers are allowed, but the process is built for self-represented litigants.

Unpaid personal loan: steps that matter

  1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
  2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
  3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
  4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
  5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Small Claims Complaint (Form 100-00257) in Vermont

  1. Complete the Small Claims Complaint. Fill out the Small Claims Complaint (form 100-00257), naming the defendant and stating the amount and basis of your claim.
  2. File and pay the fee. File with the Civil Division of the Superior Court in the county where you or the defendant lives, and pay the filing fee.
  3. Receive the signed summons. The court returns a signed Summons with your complaint and the docket number.
  4. Serve the defendant by mail. Within 7 days of receiving the signed summons, mail the summons and complaint to the defendant by first-class mail.
  5. Arrange sheriff service if no answer. If the defendant does not answer within 30 days, have a sheriff or constable serve the documents.

Filing fees: The filing fee is $65 for claims of $1,000 or less and $90 for claims over $1,000, set by statute statewide (not county-set).

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 6 years (12 V.S.A. § 511)

Answering a lawsuit: 30 days.

Serving the defendant: After the court returns the signed summons, you serve the defendant by first-class mail within 7 days; if no answer is filed within 30 days, you must have a sheriff or constable serve the documents.

Appeals: Either party may appeal to the Superior Court within 30 days of judgment by filing a Notice of Appeal with a $105 fee (Vermont Rule of Small Claims Procedure 10). The appeal is decided on the record, not retried.

All Vermont small-claims deadlines

The table below lists the filing deadlines Vermont Superior Court, Civil Division (small claims) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Claim typeFiling deadline
Written contract (12 V.S.A. § 511)6 years
Oral contract / debt (12 V.S.A. § 511)6 years
Property damage (personal property) (12 V.S.A. § 512)3 years
Personal injury (12 V.S.A. § 512)3 years

Vermont small-claims forms for your unpaid personal loan case

These forms are published by the Vermont Superior Court, Civil Division (small claims). Download and complete them before filing.

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: Vermont Judiciary: Suing and Being Sued (Small Claims). Last reviewed 2026-06-24.