Small Claims Court in the United States
A court designed to provide an accessible and quick forum for the resolution of small claims. Generally, the maximum amount of a Small Claims Court (Judicial Organization) controversy is in the $1000 to 2000 range, and legislatures often adjust the limits to allow for inflation. Small Claims Court (Judicial Organization)s operate quite differently from the conventional trial process. Neither lawyers nor juries are found in small claims actions. Lawyers are never required and commonly not allowed (except when they represent themselves). The proceedings are quite informal, with the presiding judge acting as the finder of fact. Since standard rules of evidence do not apply, judges may be more assertive in eliciting information. Decisions are generally rendered at the time the cases are heard and orders entered immediately. Appeals stemming from small claims proceedings are heard by general jurisdiction trial courts. In such instances, trials are conducted anew (de novo) since Small Claims Court (Judicial Organization)s are not courts of record.
See Also
Limited Jurisdiction Court (Judicial Organization).
Analysis and Relevance
Small Claims Court (U.S.)s are designed to allow rapid and inexpensive processing of small claims. Such courts were initially established to allow consumers and the disadvantaged to help themselves through the court system. The reality is that citizens are not commonly plaintiffs in small claims actions. Rather, actions are brought by retailers and finance companies who find Small Claims Court (U.S.) an efficient and inexpensive method to collect debts. Frequently, representatives of retailers or loan companies bring claims forward in quantity, sometimes 100 or more at a time. For a variety of reasons, plaintiffs prevail in an overwhelming proportion of small claims cases. Often judgments are won by default because the small claims defendant fails to appear. Because this is so, alternatives are being suggested to provide additional avenues for disposition of small claims.
Notes and References
- Definition of Small Claims Court from the American Law Dictionary, 1991, California
Plain-English Law
Small Claims Court as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A state court that resolves disputes involving relatively small amounts of money. Adversaries usually appear without lawyers in fact, some states forbid lawyers in small claims court.
Practical Information
Note: Some of this information was last updated in 1982
A court designed to handle claims of a small amount, for example, claims under $300. A citizen may represent himself or herself and does not need to hire a lawyer. The court is designed to relieve the caseload of the larger courts.
What is Small Claims Court?
For a meaning of it, read Small Claims Court in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Small Claims Court.
Small Claims Court
Resources
Further Reading
- Advising Small Claimants (letter), Rinn, Edward, 61: 56 (Aug. '77, AJS Judicature)
- Collecting Small Claims (letter), Mayer, John, 61: 56 (Aug. '77, AJS Judicature)
- Collecting Small Claims (letter), Myers, James W., 60: 412 (Apr. '77, AJS Judicature)
- Conference Explores the Canadian Small Claims Experience (focus), Nejelski, Paul, 66: 101-102 (Aug. '82, AJS Judicature)
- Connecticut Reforms Small Claims to Aid Consumers (news), Author, No, 60: 47 (Jun.-Jul. '76, AJS Judicature)
- Do Minor Disputes Deserve Second Class Justice? (query), Nejelski, Paul, 61: 102-103 (Sep. '77, AJS Judicature)
- Examining the Claims of a Small Claims Court: A Florida Case Study, Purdum, Elizabeth, 65: 25-37 (Jun.-Jul. '81, AJS Judicature)
- Facilitating caseflow (letter), Cousins, William J., 79: 5 (July-Aug. '95, AJS Judicature)
- Helping Small Claimants (letter), O'Toole, James M., 61: 153 (Oct. '77, AJS Judicature)
- Interactive Computer Helps Arizona Court Users, Author, No, 78: 158 (Nov.-Dec. '94, AJS Judicature)
- Is There A New Role for Lawyers in Nonadversary Proceedings? (query), Beresford, Robert and Shea, Felice K., 62: 7, 49-50 (Jun.-Jul. '78, AJS Judicature)
- Judges and Small Claims (letter), Ward, B. William, 65: 56 (Aug. '81, AJS Judicature)
- Let's Try A Small Claims Calendar for the U.S. Courts (viewpoint), Schwarzer, William W., 78: 221-223, 263-264 (Mar.-Apr. '95, AJS Judicature)
- Mediating Small Claims (letter), Beresford, Robert, 60: 412 (Apr. '77, AJS Judicature)
- A Neighborhood Court for Neighborhood Suits, Beresford, Robert and Cooper, Jill, 61: 185-190 (Oct. '77, AJS Judicature)
- A new label (letter), Newman, Jon O., 79: 5 (July-Aug. '95, AJS Judicature)
- New Small Claims Program Helps Plaintiffs Collect (news), Author, No, 61: 197 (Oct. '77, AJS Judicature)
- A People's Court (letter), Wiener, Leo, 60: 412 (Apr. '77, AJS Judicature)
- Pressure on the Judge (letter), Rinn, Edward, 60: 360 (Mar. '77, AJS Judicature)
- Small Claims Courts, Graham, Bruce J. and Snortum, John R., 60: 260-267 (Jan. '77, AJS Judicature)
- Small Claims Diversions Created in Kentucky (news), Author, No, 60: 350-351 (Feb. '77, AJS Judicature)
- A Small Claims Judge (letter), Weingart, Louis, 61: 56 (Aug. '77, AJS Judicature)
- Small Claims Retort (letter), Rinn, Edward, 65: 457 (May '82, AJS Judicature)
- Small Claims Retort: Author's Answer (letter), Purdum, Elizabeth, 66: 56, 102 (Aug. '82, AJS Judicature)
- Success In Small Claims: Is A Lawyer Necessary?, Weller, Steven, Ruhnka, John C., and Martin, John A., 61: 176-184 (Oct. '77, AJS Judicature)
- Toledo Enforces Small Claims Judgments (letter), Friedmar, Richard S., 61: 153 (Oct. '77, AJS Judicature)
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Resources
See Also
- Legal Topics.
- Information about Small Claims Court in the Encarta Online Encyclopedia
Further Reading (Books)
Randolph, Mary. Every Dog’s Legal Guide: A Must-Have Book for your Owner. Nolo, 2005.
“Small Claims.” Halt. Available from http://www.halt.org/reform_projects/small_claims/. Retrieved on 31 May 2006.
Stewart, Marcia, Janet Portman, and Ralph E. Warner. Every Landlord’s Legal Guide. Nolo, 2004.
Warner, Ralph E. Everybody’s Guide to Small Claims Court. Nolo, 2004.
Hillstrom, Northern Lights
updated by Magee, ECDI
Further Reading (Articles)
Small Claims Courts, Gale Encyclopedia of Everyday Law; January 1, 2006
Public perception a reason why small claims courts not popular, New Straits Times; January 31, 1998; K. Kabilan
ZIMBABWE: ZIMBABWE’S SMALL CLAIMS COURTS MAKE AN IMPACT, Inter Press Service English News Wire; February 13, 1997; Tafi Murinzi
SC Strengthens Small Claims Courts, Manila Bulletin; September 7, 2012
Save the small claims courts, Jerusalem Post; May 22, 2011
QC to Encourage Small Claims Courts at Barangay Level, Manila Bulletin; March 12, 2009
Creation of Small Claims Courts Gains Nod in QC, Manila Bulletin; May 28, 2009
A new face for small claims courts [Corrected 03/17/
08], The Boston Globe (Boston, MA); September 29, 2007; Ethan Katsh Jeff Aresty
Budget Woes Mean Big Delays For Small Claims Courts, NPR Morning Edition; May 17, 2013; Emily Green
Province to Get 17 More Small Claims Courts, Cape Times (South Africa); May 1, 2014
Payday lender suits swamp Utah small claims courts, Deseret News (Salt Lake City); February 4, 2010; Lee Davidson Deseret News
Solons Support Bill Proposing Creation of Small-Claims Courts, Manila Bulletin; January 5, 2009
Indiana’s small claims courts get poor grade in national report card, Indianapolis Recorder; April 5, 2002
For Its Productivity, US Judiciary Puts Fractured Legislature to Shame ; from the Small Claims Courts to the Supreme Court, the US Judicial System Is a Combative Cockpit of American Values, The Irish Times; January 11, 2014; Carswell, Simon
TASK FORCE RELEASES FINDINGS ON MARION COUNTY SMALL CLAIMS COURTS (5/1/2012)., States News Service; May 1, 2012
Lawyer condemns small claims courts changes, The Herald; September 7, 1999; Annette McCann
Small claims courts turn to mediation.(Brief Article), Alberta Report; October 4, 1999; HOPE, PHILIP
Small claims courts.(LAW)(Book Review), Reference & Research Book News; August 1, 2005
GOV. SEBELIUS SIGNS BILLS ON HIGHWAY SAFETY, SMALL CLAIMS COURTS, US Fed News Service, Including US State News; March 13, 2006
Small Claims Court: A Secret Collections Weapon?: Filing a claim in small claims court can be effective, but a favorable judgment is no guarantee of payment. Still, some debtors pay before the case is heard and, in any case, filing lets other debtors know you mean business., Collections & Credit Risk; October 1, 2004; Atkinson, William
Small Claims Court
Introduction to Small Claims Court
Small Claims Court, a court that deals with small civil claims (involving small sums of money), using a simple procedure, often without attorney intervention.” (1)
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