Vermont Small Claims Pro Se Defendant: Representing Yourself in Court

Most Defendants Represent Themselves

Vermont small claims court is designed for people without lawyers. Under 12 V.S.A. § 5536, any individual can represent themselves (pro se) in small claims proceedings. You don't need permission from the court, and there's no disadvantage on paper — the judge knows most people appearing in small claims are self-represented and adjusts the formality accordingly.

Attorneys are allowed but not required. If the plaintiff has a lawyer and you don't, the playing field feels uneven, but the judge's job is to apply the rules fairly regardless of representation. Small claims trials are informal by design, and the judge often asks questions directly to fill in gaps that a lawyer would normally cover.

Who Can Appear on Your Behalf

The rules are strict about this:

• You can appear for yourself.
• A licensed Vermont attorney can appear for you.
• For businesses: a corporate officer, director, general agent, or authorized employee can appear on behalf of a corporation, partnership, or LLC under 12 V.S.A. § 5536. Bring written authorization signed by the entity's governing board.
• Nobody else. A family member, spouse, friend, or paralegal cannot represent you in court — even with a signed power of attorney. They can help you prepare, sit beside you for support, and take notes, but they can't speak to the judge on your behalf or sign your court forms.

The Five Things to Get Right

Self-represented defendants who lose usually lose on procedure, not substance. These are the five areas that matter most:

1. File your answer on time. You have 30 days from the applicable date of service to file Form 100-00126 with the Civil Division clerk. If the first-class mailing deadline passes without an Answer, the plaintiff must complete personal service before seeking default, and that service starts a new 30-day Answer period. The Answer must also be served on the plaintiff with a Certificate of Service (Form 100-00260) filed with the court.

2. Bring organized evidence. Print everything. Contracts, invoices, emails, text messages, photos — all in paper form. The judge will not look at your phone screen. Submit audio, video, and other non-PDF digital evidence before the hearing; if you are e-filing, upload digital exhibits through Odyssey File & Serve, otherwise follow the hearing notice for VDEP instructions.

3. Prepare your testimony as a story. The judge will ask you to explain your side. Walk through events in chronological order: what happened, when, what you did about it, what the plaintiff is getting wrong. Keep it factual. Emotional appeals don't change the outcome.

4. Know the hearing format. Your hearing may be in person at the county courthouse or remote via Zoom. The judge will swear everyone in, let the plaintiff present first, then give you a chance to respond. You can ask the plaintiff questions when the judge indicates it's your turn. Take notes while the plaintiff speaks so you don't forget what you want to address.

5. Follow through after the hearing. If the judge rules in your favor, the case is over once any appeal period passes. If the judge rules against you, you have 30 days to file an appeal (Form 100-00291, $120 fee) to the Civil Division for a review on the record. An appeal is not a new trial — the appellate judge reviews only whether the original judge made legal errors based on the existing evidence.

Free Resources for Self-Represented Defendants

You don't have to figure everything out alone:

• Vermont Judiciary Access and Resource Center (802-879-1185): answers procedural questions about filing, forms, and court logistics. They can't give legal advice but can help you navigate the system.
• VTLawHelp.org: offers self-help materials and the VTCourtForms web tool, which walks you through completing Form 100-00126 with guided questions.
• Legal Services Vermont: provides free legal help to income-eligible individuals. If you qualify, they may be able to advise you on your specific case.

For defendants who want a complete roadmap — from reading the court papers through trial preparation — the Responding to a Small Claims Case in Vermont guide covers each step with worksheets for deadline tracking, evidence organization, and filing verification.

See more Vermont guides →