Rhode Island Small Claims Notarized Complaint
Rhode Island is one of the few states that requires a notarized signature on the small claims complaint form. It is also the step that causes more rejected filings than any other — show up at the clerk's window without a notary stamp and you are coming back another day.
Why Notarization Is Required
Form DC-SC-1, the self-represented complaint form, includes a sworn statement of your claim and a Military Service Affidavit governed by the Servicemembers Civil Relief Act (50 U.S.C. § 3931) and R.I. Gen. Laws § 30-7-10. The court requires you to sign Part 5 in front of a notary.
This is not a formality the clerk can waive. An unnotarized complaint is rejected outright — no exceptions, no grace period to bring it back signed.
How to Get the Form Notarized
The critical detail: you must sign the form in the physical presence of the notary. You cannot sign it at home and then take it to the notary for a stamp. The notary needs to watch you sign, verify your identity with a photo ID, and then execute the notarial certificate.
Fill out all other parts of DC-SC-1 before your notary appointment — the claim narrative, defendant information, military service affidavit checkboxes, and expert witness disclosure. Leave the signature line blank until you are sitting across from the notary.
Where to find a notary:
- Banks and credit unions — most branch locations have a notary on staff, often free for account holders
- UPS Store — typically charges $5–$15 per signature
- Town or city clerk's office — many municipal clerks are commissioned notaries
- Some libraries — call ahead to confirm availability
- Mobile notaries — they come to you, usually for $25–$50
The Military Service Affidavit
Part 2 of Form DC-SC-1 requires you to report whether the defendant is in active military service, is not in military service, or whether you could not determine the defendant's status after diligent inquiry. The affidavit is required under federal and Rhode Island law to protect servicemembers from default judgments.
You have three options:
- The defendant is not in active military service — check this box if you have verified their status
- The defendant is in active military service — the court will apply special protections under the SCRA
- Unable to determine after diligent inquiry — check this if you cannot confirm either way
To verify a defendant's military status, check the Department of Defense Manpower Data Center's SCRA website. Enter the defendant's name and date of birth (or Social Security number if you have it). The site returns a certificate confirming active or inactive status. Print this certificate and keep it with your filing papers.
Do not guess. If you cannot determine the defendant's status after diligent inquiry, check the "unable to determine" option.
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What to Bring to the Notary Appointment
- Form DC-SC-1, fully completed except for the signature line
- A valid photo ID (driver's license, passport, or state-issued ID)
- Cash or a card for the notary fee (if applicable)
The appointment takes about five minutes. Once signed and notarized, bring the form directly to the clerk's office with your $75.75 filing fee.
The Filing a Small Claims Case in Rhode Island guide includes a pre-filing checklist that covers the notarization step alongside every other requirement, so nothing gets missed before you head to the courthouse.
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