Small claims court

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For the Australian television movies see Small Claims.

Small claims courts are courts of limited jurisdiction that hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction: it may be known by such names as county court or magistrate's court. Small claims courts can be found in Australia, Canada, Ireland, New Zealand, South Africa, United Kingdom, and many U.S. states.

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[edit] Purpose and operation

The business of small claims courts typically encompasses small private disputes in which large amounts of money are not at stake. The routine collection of small debts forms a large portion of the cases brought to small claims courts, as well as evictions and other disputes between landlord and tenant unless the jurisdiction is already covered by a tenancy board.

Typically, a small claims court will have a maximum monetary limit to the amount of judgments it can award; these limits vary. Upper limits are set in the thousands of dollars/pounds. By suing in a small claims court, the plaintiff typically waives any right to claim more than the court can award. The plaintiff is allowed to reduce a claim to fit the requirements of this venue. In some jurisdictions, a party who loses in a small claims court is entitled to a trial de novo in a court of more general jurisdiction and with more formal procedures.

The rules of civil procedure and sometimes evidence are typically altered and simplified in order to make the procedures economical: one guiding principle usually operating in these courts is that individuals ought to be able to conduct their own cases and represent themselves without recourse to a lawyer. In some jurisdictions corporations must still appear, represented by a lawyer, in small claims court. Rules of pleading are likewise simplified; in many court systems, no answer is required of the defendant, and default judgment is not available for failing to file a written response. Expensive court procedures such as interogatories and depositions are usually not allowed in small claims court. Practically, all matters filed in small claims court are set for trial. Under some court rules should the defendant not show up at trial and not have requested postponement, a default judgment may be entered in favour of the plaintiff.

Trial by jury is seldom or never conducted in small claims courts; it is typically excluded by the statute establishing the court. Similarly, equitable remedies such as injunctions, including protective orders, are seldom available from small claims courts.

Separate family courts may exist to hear simple cases in family law. For reasons having more to do with history than with the sort of case typically heard by a small claims court, most US states do not allow domestic relations disputes to be heard in small claims court.

Winning in small claims court does not automatically ensure payment in recompense of a plaintiff's damages. This may be relatively easy, in the case of a dispute against an insured party, or extremely difficult in the case of an uncooperative, transient or indigent defendant.

In Canada, the operation of the small claims court is the same, however the maximum awarded is limited to $5000CAD, plus legal fees.

[edit] Small claims courts in the United States

The movement to establish small claims courts typically began in the early 1960s, when Justice of the Peace courts were increasingly being seen as obsolete, and it was felt to be desirable to have such a court to allow people to represent themselves without legal counsel. In New York State the establishment of small claims courts was in response to the findings of Governor Thomas E. Dewey's Tweed Commission on the reorganization of the state judiciary, which issued its findings in 1958. Since then, the movement to establish small claims courts has led to their establishment in most U.S. states. There is no equivalent to a small claims court in the U.S. federal court system, although certain types of civil claims are routinely referred to U.S. magistrates for preliminary handling.

[edit] Classes

Some jurisdictions offer classes in small claims court procedures. As such courts are open to the public, attendance at a few sessions may be useful to a person involved in a case, whether as plaintiff or defendant.

[edit] External links by state

There may be enough similarities between states that useful information may be obtained, but should not be relied upon. Your local Superior Court or similar judicial entity should be consulted for amount limits, filing procedures, and time limits.

[edit] Small claims court on TV

Over the years several small claims court television shows have appeared on network daytime television, but it should be noted that these are not truly courts of law, even though they attempt to give that appearance; they are merely forms of arbitration. These shows include, but are not limited to Judge Judy and Judge Joe Brown.

[edit] Small claims courts in Canada

In Ontario, Small Claims Courts adjudicate claims under CAD10,000. Small Claims Court procedure is regulated both by Ontario Court of Justice Act and Small Claims Court Rules. Comparing with Ontario Rules of Civil Procedure, Small Claims procedure is simplified: there are no strict pleadings requirement, no formal discovery process and parties costs are limited to $300.

[edit] External links by province and territory

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