Small-claims courts have limited jurisdiction to hear
civilCivil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim...
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
magistrateA magistrate is a judicial officer; in ancient Rome, the word magistratus denoted one of the highest government officers with judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority...
's court. Small claims courts can be found in
AustraliaThe law of Australia consists of the Australian common law , federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories...
,
CanadaThe Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the United Kingdom and later a member of the Commonwealth of Nations. Quebec, however, still retains a civil system for issues of private law...
,
IrelandThe Republic of Ireland has a common law legal system with a written constitution which provides for a parliamentary democracy based on the British parliamentary system albeit with a popularly elected president, a separation of powers, a developed system of constitutional rights and judicial...
, Israel,
New ZealandThe law of New Zealand can be found in several sources. The primary sources of New Zealand law are statutes enacted by the New Zealand Parliament and decisions of the New Zealand Courts. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary...
,
ScotlandScots law is a unique legal system with an ancient basis in Roman law. Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources...
,
South AfricaSouth Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions: a civil law system inherited from its Dutch colonisers, a common law system from its English colonisers, and indigenous law, often termed African customary law...
, Hong Kong and the
United StatesThe law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United 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
$The United States dollar is the unit of currency of the United States. The U.S. dollar is normally abbreviated as the dollar sign, $, or as USD or US$ to distinguish it from other dollar-denominated currencies and from others that use the $ symbol. It is divided into 100 cents .The U.S...
5,000 in most
U.S. stateA U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government . Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile...
s.
Small-claims courts have limited jurisdiction to hear
civilCivil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim...
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
magistrateA magistrate is a judicial officer; in ancient Rome, the word magistratus denoted one of the highest government officers with judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority...
's court. Small claims courts can be found in
AustraliaThe law of Australia consists of the Australian common law , federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories...
,
CanadaThe Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the United Kingdom and later a member of the Commonwealth of Nations. Quebec, however, still retains a civil system for issues of private law...
,
IrelandThe Republic of Ireland has a common law legal system with a written constitution which provides for a parliamentary democracy based on the British parliamentary system albeit with a popularly elected president, a separation of powers, a developed system of constitutional rights and judicial...
, Israel,
New ZealandThe law of New Zealand can be found in several sources. The primary sources of New Zealand law are statutes enacted by the New Zealand Parliament and decisions of the New Zealand Courts. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary...
,
ScotlandScots law is a unique legal system with an ancient basis in Roman law. Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources...
,
South AfricaSouth Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions: a civil law system inherited from its Dutch colonisers, a common law system from its English colonisers, and indigenous law, often termed African customary law...
, Hong Kong and the
United StatesThe law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United 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
$The United States dollar is the unit of currency of the United States. The U.S. dollar is normally abbreviated as the dollar sign, $, or as USD or US$ to distinguish it from other dollar-denominated currencies and from others that use the $ symbol. It is divided into 100 cents .The U.S...
5,000 in most
U.S. stateA U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government . Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile...
s. The routine collection of small
debtDebt is that which is owed; usually referencing assets owed, but the term can also cover moral obligations and other interactions not requiring money. In the case of assets, debt is a means of using future purchasing power in the present before a summation has been earned...
s forms a large portion of the cases brought to small-claims courts, as well as
evictionEviction is the removal of a tenant from rental property by the landlord.Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms...
s and other disputes between
landlordLandlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position the term landlord is used. Other terms include lessor and owner...
s and
tenantA leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord....
s, unless the jurisdiction is already covered by a tenancy board.
Typically, a small-claims court will have a maximum
monetaryIn economics, the term currency can refer either to a particular currency, for example the US dollar, or to the coins and banknotes of a particular currency, which comprise the physical aspects of a nation's money supply...
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
plaintiffA plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court...
typically waives any right to claim more than the court can award. The plaintiff may or may not be allowed to reduce a claim to fit the requirements of this venue. In some states, Texas for example, the concept of "court shopping" is strictly forbidden. Court shopping involves a plaintiff who seeks to reduce the amount of damages claimed in order to fit a trial into a court that would otherwise not have jurisdiction. For example, if a plaintiff asserts damages of $15,000 in hopes of winning an award of $10,000 in small-claims court, the court will dismiss the case (without prejudice) because the court does not have jurisdiction to hear cases in which the asserted damages exceed the court's maximum amount. Thus, even if the plaintiff is willing to accept less than the full amount, the case cannot be brought to small-claims court. To bring the case to small-claims court, the plaintiff must prove that the actual damages were within the court's jurisdiction. In some jurisdictions, a party who loses in a small-claims court is entitled to a trial
de novoIn law, the expression trial de novo means a "new trial" by a different tribunal...
in a court of more general jurisdiction and with more formal procedures.
The rules of
civil procedureCivil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, and sometimes of
evidenceThe law of evidence governs the use of testimony and exhibits or other documentary material which is admissible in a judicial or administrative proceeding .-Relevance and social policy:Legal scholars of the...
, 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
lawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver...
. Even though these rules are relaxed, they still apply to some degree. In some jurisdictions,
corporationA corporation is a legal entity separate from the shareholders and employees. In British tradition it is the term designating a body corporate, where it can be either a corporation sole or a corporation aggregate...
s must still be represented by a lawyer in small-claims court. Expensive court procedures such as interrogatories and depositions are usually not allowed in small-claims court. Practically all matters filed in small-claims court are set for
trialIn law, a trial is when parties to a dispute come together to present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
. Under some court rules, should the defendant not show up at trial and not have requested postponement, a default judgement may be entered in favor of the plaintiff.
Trial by juryTrial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
is seldom or never conducted in small-claims courts; it is typically excluded by the
statuteA statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law and the regulations issued by...
establishing the court. Similarly, equitable remedies such as
injunctionAn injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the...
s, including protective orders, are seldom available from small-claims courts.
Separate
family courtFor family court in Hong Kong, see Family Court A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children...
s may exist to hear simple cases in
family lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
. 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 relationsIn the common law tradition, the law of domestic relations is a broad category that encompasses:* divorce;* property settlements;* alimony, spousal support, or other maintenance;* the establishment of paternity;...
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. The judgement may be collected through wage garnishment and liens.
Most courts encourage parties with disputes to seek alternative dispute resolution, if possible, before filing
suitA lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
. 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
arbitrateArbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
their dispute outside of
courtA court is a body, often a governmental institution, with the authority to adjudicate legal disputes and dispense civil, criminal, or administrative justice in accordance with rules of law....
.
Small claims courts in the United States
The movement to establish small claims courts typically began in the early 1960s, when
Justice of the PeaceA justice of the peace is a puisne judicial officer appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice and deal with local administrative applications in common law jurisdictions...
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.
magistrateA magistrate is a judicial officer; in ancient Rome, the word magistratus denoted one of the highest government officers with judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority...
s 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 is a state located in the southeastern region of the United States of America. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its...
- Alaska
Alaska is the largest state of the United States of America by area; it is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
: Official site for PDF forms and handbook
- Arizona
The State of Arizona is a state located in the southwestern region of the United States. The capital and largest city is Phoenix. The second largest city is Tucson, followed in size by the four Phoenix metropolitan area cities of Mesa, Glendale, Chandler, and Scottsdale.Arizona was the 48th and...
: Official court site
- California
California is the most populous state in the United States, and the third largest by area. California is the second most populous sub-national entity in the Americas, behind only São Paulo, Brazil...
- Colorado
Colorado is a U.S. state located in the Rocky Mountain region of the United States of America. It may also be considered to be part of the Western and Southwestern regions of the United States. Colorado entered statehood in 1876 and was nicknamed the “Centennial State”...
: http://www.courts.state.co.us/exec/pubed/brochures/smallclaimsweb.pdf
- Georgia
Georgia is a state in the United States. One of the original Thirteen Colonies that revolted against British rule in the American Revolution, it had been the last of the Thirteen Colonies to be established, in 1733. Georgia was the fourth state to ratify the United States Constitution, on January...
: Magistrate Court — video FAQs
- Hawaii
Hawaii is the newest of the 50 U.S. states, and is the only state made up entirely of islands. It is located on an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of Australia. The state was admitted to the Union on August...
: Official site with brochure
- Indiana
Indiana is a U.S. state, the 19
th admitted to the Union. It is located in the Great Lakes region, and with approximately 6.3 million residents, is ranked 16
th in population and 17
th in population density. Indiana is ranked 38
th in land area, and is the...
: Small Claims Manual (PDF)
- Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. Kentucky is a Southern state situated in the Upland South, although the state is infrequently placed, geographically and culturally, in the Midwest. Kentucky is one of four U.S. states constituted as a...
: Small Claims Division of District Court: General Information and Post-Judgment Collections (PDF), published by the (Kentucky) Administrative Office of the Courts.
- Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. Most of its population of...
: Massachusetts Law About Small Claims, The Small Claims Advisory Service
- Minnesota
Minnesota is a state in the Midwestern region of the United States. The twelfth largest state by area in the U.S., it is the twenty-first most populous, with 5.2 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the...
: Conciliation court (information from the attorney general)
- New York City
New York is the most populous city in the United States, and the center of the New York metropolitan area, which is among the most populous urban areas in the world. A leading global city, New York exerts a powerful influence over worldwide commerce, finance, culture, fashion and entertainment...
: http://www.courts.state.ny.us/courts/nyc/smallclaims/index.shtml
- North Carolina
North Carolina is a state located on the Atlantic Seaboard in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties...
: http://www.nccourts.org/Courts/Trial/SClaims/Default.asp
- Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
: Oregon State Bar pamphlet.
- Utah
Utah is a western state of the United States. It was the 45th state admitted to the Union, on January 4, 1896. Approximately 80 percent of Utah's 2,736,424 people live along the Wasatch Front, centering around Salt Lake City. In contrast, vast expanses of the state are nearly uninhabited, making...
: Utah Courts Small Claims information page.
- Virginia
The Commonwealth of Virginia is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" because it is the birthplace of eight U.S. presidents. The geography and climate of the state are shaped by the Blue...
: Small Claims Court ProceduresVirginia Circuit Court Case Information
- Washington (state)
Washington is a state in the Pacific Northwest region of the United States. Washington was carved out of the western part of Washington Territory which had been ceded by Britain in 1846 by the Oregon Treaty as settlement of the Oregon Boundary Dispute. It was admitted to the Union as the...
: Dept. of Consumer Affairs Small Claims Information
- Washington, D.C.
Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790...
: Claims and Conciliation Branch
Small claims court on TV
Over the years several small claims court television shows have appeared on network
daytime televisionDaytime television is the general term for television shows produced that are intended to air during the daytime hours. This article is about American daytime television, for information about international daytime television see Daytime television....
, but these are not truly courts of law, even though they attempt to give that appearance; they are merely forms of
arbitrationArbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
. Such shows include
The People's CourtThe People's Court is an American television court show in which small claims court cases are heard, though what is shown is actually a binding arbitration. The People's Court was the first reality court show that did not use actors...
,
Judge JudyJudge Judy is an American court show featuring former family court judge Judith Sheindlin arbitrating over small claims cases. The series is in first-run syndication and distributed by CBS Television Distribution, the successor company to its previous distributors Worldvision Enterprises, Paramount...
and
Judge Joe BrownJudge Joe Brown is a judge and host of a court show which shares his name and proudly declares to all viewers, "It's Joe time!" Raised in Los Angeles, California, Brown earned a bachelor's degree in political science and a Juris Doctor degree at UCLA, before moving to Memphis, Tennessee in...
.
Small claims courts in Canada
All provinces have procedures for small claims in Canada. In general, there are two different models. In most provinces, small claims courts operate independently of the superior courts (as in British Columbia, Alberta, and New Brunswick). In other jurisdictions, the small claims courts are a branch or division of the superior courts. For instance, in Ontario the Small Claims Court is a branch of the Superior Court of Justice, and in Manitoba the Small Claims Court is under the jurisdiction of the Court of Queen's Bench.
Small claims cases are heard by judges of the Provincial Court in BC, Alberta, and Saskatchewan, by judges or deputy-judges of the Superior Court of Justice in Ontario, and by Hearing Officers in Manitoba.
The small claims courts are meant to be an easier and less expensive way to resolve disputes, than in the higher courts. Small Claims Court procedure is regulated both by provincial legislation and rules in most provinces. Small claims procedure is simplified with no strict pleadings requirements, no formal discovery process and parties costs may be limited.
There is a wide range of monetary jurisdiction for small claims courts in Canada. Subject to various restrictions:
- in Alberta, the Provincial Court – Civil (Small Claims Court)hears civil claims up to $25,000;
- in Nova Scotia, the maximum claim that may be recovered in the Small Claims Court cannot exceed $25,000;
- in British Columbia, the maximum claim that may be recovered in the Small Claims Division of the Provincial Court is $25,000;
- in Saskatchewan, claims within the Civil Division of the Saskatchewan Provincial Court cannot exceed $25,000 in value;
- in Ontario and Manitoba, Small Claims Courts adjudicate claims up to $10,000, which in Ontario will increase to $25,000 on January 1, 2010.
- the Small Claim Court of Quebec deals with claims that cannot exceed $7,000;
- the Small Claims Court of New Brunswick deals with claims less than $6,000;
- the Provincial Court of Newfoundland and Labrador hears civil claims up to $5,000.
In general, disputes involving title to land, slander, libel, bankruptcy, false imprisonment or malicious prosecution must be handled in a superior court and cannot be determined in small claims courts.
External links by province and territory
- Alberta
Alberta is one of Canada's prairie provinces. It became a province on September 1, 1905.Alberta is located in western Canada, bounded by the provinces of British Columbia to the west and Saskatchewan to the east, the Northwest Territories to the north, and the U.S. state of Montana to the south....
: Alberta Courts
- British Columbia
British Columbia is the westernmost of Canada's provinces and is famed for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . In 1871, it became the sixth province of Canada.The capital of British Columbia is Victoria, the 15th largest metropolitan region in Canada...
: Ministry of the Attorney General
- Manitoba
Manitoba is a prairie province in Canada and has an area of . Manitoba is bordered by the provinces of Ontario to the east and Saskatchewan to the west, the territory of Nunavut to the north, and the U.S. states of North Dakota and Minnesota to the south...
: Manitoba Courts
- New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only constitutionally bilingual province in the confederation. The provincial capital is Fredericton...
: New Brunswick Courts
- Newfoundland
Newfoundland and Labrador is a province of Canada on the country's Atlantic coast in northeastern North America. This easternmost Canadian province comprises two main parts: the island of Newfoundland off the country's eastern coast, and Labrador on the mainland to the northwest of the island.A...
: Provincial Court of Newfoundland Procedures, Forms
- Northwest Territories
The Northwest Territories is a federal territory of Canada....
:
- Nova Scotia
Nova Scotia is a Canadian province located on Canada's southeastern coast. It is the most populous province in Atlantic Canada. Its capital, Halifax, is a major economic centre of the region. Nova Scotia is the second-smallest province in Canada with an area of...
: The Courts of Nova Scotia
- Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999 via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
:
- Ontario
Ontario is a province located in east-central Canada, the largest by population and second largest, after Quebec, in total area. Ontario is bordered by the Canadian provinces of Manitoba to the west and Quebec to the east, and 5 U.S...
: Ministry of the Attorney General
- Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
: Supreme Court Annotated Rules (PDF), Forms (PDF)
- Quebec
Quebec is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking identity and the only one whose sole official language is French at the provincial level....
: Justice Québec
- Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of and a population of 1,023,810 , mostly living in the southern half of the province. Of these, 233,923 live in the province's largest city, Saskatoon, while 194,971 live in the provincial capital, Regina...
: Courts of Saskatchewan
- Yukon
Yukon , or The Yukon, is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River, Yukon meaning "Great River" in Gwich’in....
: 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
The Australian Capital Territory is the capital territory of the Commonwealth of Australia and its smallest self-governing internal territory. It is an inland enclave in New South Wales, and regularly referred to as Australia's 'Bush Capital'....
Department of Justice and Community Safety
- New South Wales
New South Wales is Australia's most populous state, located in the south-east of the country, north of Victoria, south of Queensland and east of South Australia...
Office of Fair Trading
- Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
Department of Justice - Consumer and Business Affairs
- Queensland
Queensland is a state of Australia that occupies the north-eastern section of the mainland continent. It is bordered by the Northern Territory to the west, South Australia to the south-west and New South Wales to the south. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
Small Claims Tribunal
- South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories....
Courts Administration Authority
- Tasmania
Tasmania is an Australian island and state. It is located south of the eastern side of the continent, from which it is separated by Bass Strait. The state includes the island of Tasmania – the 26th largest island in the world – and the surrounding islands. The state has a population of 500,000 ,...
Courts and Tribunals Tasmania
- Victoria
Victoria is the second most populous state in Australia. Geographically smallest mainland state, Victoria is bordered by New South Wales to the north, South Australia to the west, and Tasmania to the south, across the Bass Strait. Victoria is the most densely populated state, with over 70% of...
Victorian Civil and Administrative Tribunal
- Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. Australia's largest state and the second largest subnational entity in the world, it has 2.2 million inhabitants , 85% of whom live in the south-west corner of the state.The state's capital...
Department of the Attorney-General
England and Wales
England and WalesEngland and Wales is a legal unit within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom. Unlike Scotland and Northern Ireland, England and Wales follow the legal system known as English law, and the two form the constitutional successor to the...
has dedicated small claims courts, called County Courts and operates in 3 tiers called "Tracks".
A claim up to £5000.00 is allocated to the Small Claims Track.
£5001 - £15000 is allocated to The Fast Track.
£15001 - £50000 is allocated to the Multi Track.
These cases are heard by District Judges and not by jury.
European small claims procedure
From 1 January 2009, there will be a
European small claims procedureThe European small claims procedure is a small claims procedure that took effect on 1 January 2009 across the European Union for dealing with cross-border claims under the Brussels regime up to a value of 2,000 Euro....
for cross-border claims under the
Brussels regimeThe Brussels Regime is a set of rules regulating the allocation of jurisdiction in international legal disputes of a civil or commercial nature involving persons resident in a member state of the European Union...
with value up to 2,000 EUR.
See also
- Allocation questionnaire
An allocation questionnaire is a form used in English legal practice. After a claim is made, each party completes and returns an allocation questionnaire to the court within 14 days, so that the judge may properly allocate the claim to a track and hearing date....
- form used in English civil courts to decide whether to allocate a case to the small claims track