العربية
中国
Français
Deutsch
Ελληνική
हिन्दी
Italiano
日本語
Português
Русский
EspañolSMALL CLAIMS COURT
''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, the United Kingdom, and many U.S. states.
The business of small claims courts typically encompasses small private disputes in which large amounts of money are not at stake, usually a maximum of $5,000 in most U.S. States. 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.
In California an individual cannot ask for more than $7,500 in a claim. Corporations and other entities (like, government entities) cannot ask for more than $5,000. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims in a calendar year that ask for more than $2,500.
You can only sue a guarantor for up to $4,000 ($2,500 if they don't charge for the guarantee). But, if you are a natural person filing against the Registrar of the Contractors' State License Board you can sue a guarantor for up to $7500. A "guarantor" is a person who promises to be responsible for what another person owes.
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.
Most courts encourage parties with disputes to seek alternative means of resolving disputes, if possible, before filing for suit. For example, the Superior Court of Santa Clara provides guidelines for resolving disputes out of court. Additionally, the parties can both agree on a third party to arbitrate their dispute outside of court.
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.
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.
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.
★ Alabama
★
★ Alabama lawyers site — informative, with advice applicable anywhere.
★
★ Official site — small claims forms only
★ Alaska: Official site for PDF forms and handbook
★ Arizona: Official court site
★ California: California government court information for small claimsThe Department of Consumer Affairs publishes a booklet entitled "Small Claims Court: A Guide to Its Practical Use," which you may download for free. See http://www.dca.ca.gov/legal/small_claims/index.html. At the Department of Consumer Affairs website, you may find Fact Sheets on the law.
★ Colorado: [1]
★ Georgia: What is Magistrate Court? — FAQ with optional video links
★ Hawaii: Official site with brochure
★ Idaho: No brochure found
★ Indiana: Small Claims Manual (PDF)
★ Massachusetts: Massachusetts Law About Small Claims, The Small Claims Advisory Service
★ Minnesota: Conciliation court (information from the attorney general)
★ Nevada: Clark county site (Las Vegas)
★ New York City: [2]
★ Oregon: Oregon State Bar pamphlet.
★ Washington (state): Dept. of Consumer Affairs Small Claims Information
★ Washington, D.C.: Claims and Conciliation Branch
Over the years several small claims court television shows have appeared on network daytime television, but these are not truly courts of law, even though they attempt to give that appearance; they are merely forms of arbitration. Such shows include Judge Judy and Judge Joe Brown. (see )
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.
★ Alberta: Alberta Courts
★ British Columbia: Ministry of the Attorney General
★ Saskatchewan: Courts of Saskatchewan
★ Manitoba: Manitoba Courts
★ New Brunswick: New Brunswick Courts
★ Newfoundland: Provincial Court of Newfoundland Procedures, Forms
★ Nova Scotia: The Courts of Nova Scotia
★ Ontario: Ministry of the Attorney General and Small Claims Court Law (Ontario)
★ Prince Edward Island: Supreme Court Annotated Rules (PDF), Forms (PDF)
★ Quebec: Justice Québec
★ Northwest Territories:
★ Nunavut:
★ Yukon: Department of Justice
Small claims courts in Australia are handled by the State system. The following links may be general links to the Department dealing with justice in the given State.
★ Australian Capital Territory Department of Justice and Community Safety
★ New South Wales Office of Fair Trading
★ Northern Territory Department of Justice - Consumer and Business Affairs
★ Queensland Small Claims Tribunal
★ South Australia Courts Administration Authority
★ Tasmania Courts and Tribunals Tasmania
★ Western Australia Department of the Attorney-General
★ Victoria Victorian Civil and Administrative Tribunal
'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, the United Kingdom, and many U.S. states.
Purpose and operation
The business of small claims courts typically encompasses small private disputes in which large amounts of money are not at stake, usually a maximum of $5,000 in most U.S. States. 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.
In California an individual cannot ask for more than $7,500 in a claim. Corporations and other entities (like, government entities) cannot ask for more than $5,000. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims in a calendar year that ask for more than $2,500.
You can only sue a guarantor for up to $4,000 ($2,500 if they don't charge for the guarantee). But, if you are a natural person filing against the Registrar of the Contractors' State License Board you can sue a guarantor for up to $7500. A "guarantor" is a person who promises to be responsible for what another person owes.
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.
Most courts encourage parties with disputes to seek alternative means of resolving disputes, if possible, before filing for suit. For example, the Superior Court of Santa Clara provides guidelines for resolving disputes out of court. Additionally, the parties can both agree on a third party to arbitrate their dispute outside of court.
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.
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.
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.
★ Alabama
★
★ Alabama lawyers site — informative, with advice applicable anywhere.
★
★ Official site — small claims forms only
★ Alaska: Official site for PDF forms and handbook
★ Arizona: Official court site
★ California: California government court information for small claimsThe Department of Consumer Affairs publishes a booklet entitled "Small Claims Court: A Guide to Its Practical Use," which you may download for free. See http://www.dca.ca.gov/legal/small_claims/index.html. At the Department of Consumer Affairs website, you may find Fact Sheets on the law.
★ Colorado: [1]
★ Georgia: What is Magistrate Court? — FAQ with optional video links
★ Hawaii: Official site with brochure
★ Idaho: No brochure found
★ Indiana: Small Claims Manual (PDF)
★ Massachusetts: Massachusetts Law About Small Claims, The Small Claims Advisory Service
★ Minnesota: Conciliation court (information from the attorney general)
★ Nevada: Clark county site (Las Vegas)
★ New York City: [2]
★ Oregon: Oregon State Bar pamphlet.
★ Washington (state): Dept. of Consumer Affairs Small Claims Information
★ Washington, D.C.: Claims and Conciliation Branch
Small claims court on TV
Over the years several small claims court television shows have appeared on network daytime television, but these are not truly courts of law, even though they attempt to give that appearance; they are merely forms of arbitration. Such shows include Judge Judy and Judge Joe Brown. (see )
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.
External links by province and territory
★ Alberta: Alberta Courts
★ British Columbia: Ministry of the Attorney General
★ Saskatchewan: Courts of Saskatchewan
★ Manitoba: Manitoba Courts
★ New Brunswick: New Brunswick Courts
★ Newfoundland: Provincial Court of Newfoundland Procedures, Forms
★ Nova Scotia: The Courts of Nova Scotia
★ Ontario: Ministry of the Attorney General and Small Claims Court Law (Ontario)
★ Prince Edward Island: Supreme Court Annotated Rules (PDF), Forms (PDF)
★ Quebec: Justice Québec
★ Northwest Territories:
★ Nunavut:
★ Yukon: Department of Justice
Small claims courts in Australia
Small claims courts in Australia are handled by the State system. The following links may be general links to the Department dealing with justice in the given State.
★ Australian Capital Territory Department of Justice and Community Safety
★ New South Wales Office of Fair Trading
★ Northern Territory Department of Justice - Consumer and Business Affairs
★ Queensland Small Claims Tribunal
★ South Australia Courts Administration Authority
★ Tasmania Courts and Tribunals Tasmania
★ Western Australia Department of the Attorney-General
★ Victoria Victorian Civil and Administrative Tribunal
This article provided by Wikipedia. To edit the contents of this article, click here for original source.
psst.. try this: add to faves
Featured Companies
| Golf Holidays International | |
| Destinations Unlimited |
Newest Companies
Small claims court Travel Deals
