Small claims court
Encyclopedia
Small-claims courts have limited jurisdiction to 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 as a county or magistrate
's court. These courts can be found in Australia
, Canada
, England and Wales
, Ireland
, Israel, New Zealand
, Scotland
, South Africa
, Hong Kong, and the United States
.
15,000 in most US states. The routine collection of small debt
s forms a large portion of the cases brought to small-claims courts, as well as eviction
s and other disputes between landlord
s and tenant
s, unless the jurisdiction is already covered by a tenancy board.
A small-claims court will generally have a maximum monetary
limit to the amount of judgments it can award, often 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 may or may not be allowed to reduce a claim to fit the requirements of this venue. "Court shopping", where a plaintiff seeks to reduce the amount of damages claimed in order to fit a trial into a court that would otherwise not have jurisdiction, is strictly forbidden in some states. For example, if a plaintiff asserts damages of $30,000 in hopes of winning an award of $25,000 in small-claims court, the court will dismiss the case 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 novo
in a court of more general jurisdiction and with more formal procedures.
The rules of civil procedure
, and sometimes of 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
. Even though rules are relaxed, they still apply to some degree. In some jurisdictions, corporation
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, and 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 favor 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. (The state of Washington is one exception, allowing either party to demand a jury trial.) Similarly, equitable remedies such as injunction
s, including protective orders, are seldom available from small-claims courts.
Separate family court
s 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. The judgment may be collected through wage garnishment and liens.
Most courts encourage parties with disputes to seek alternative dispute resolution, if possible, before filing suit
. For example, the Superior Court of Santa Clara provides guidelines for resolving disputes out of court. Both parties can agree on arbitration
by a third party to settle their dispute outside of court
, though while small-claims court judgments can still be appeal
ed, arbitration awards cannot.
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 came in response to the 1958 findings of Governor Thomas E. Dewey's Tweed Commission on the reorganization of the state judiciary. Since then, the movement to establish small-claims courts has led to their establishment in most US states. There is no equivalent to a small-claims court in the US federal court system, although certain types of civil claims are routinely referred to US magistrates for preliminary handling.
, 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 The People's Court
, Judge Judy
, and Judge Joe Brown
.
Small-claims cases are heard by judges of the Provincial Court in British Columbia, 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 easier and less expensive ways to resolve disputes than 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 and no formal discovery process, and parties' costs may be limited.
Monetary limits for small-claims courts in Canada vary by province:
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.
does not have a Small Claims Court as an establishment separate from the County Court
. Instead, low value cases, including most non-personal injury cases up to £5,000, will usually be assigned to the small claims track, producing a small claims action in the County Court. These cases are heard by District Judge
s under an informal procedure.
The separate small claims procedure was first introduced for claims up to £75 in 1973. This flowed from the statutory power of judges to order arbitration. The limit was raised to £1,000 in 1991, £3,000 in 1996 and £5,000 in 1999. As of 2011 consultation is underway on raising the limit to £15,000. It should be noted that the limit is only a guideline. The court may allocate a case to the small claim track where the claim is over the guideline if it is considered that the case is simple enough that it is an appropriate way of disposing of the matter.
for cross-border claims under the Brussels regime
was established on January 1, 2009, processing claims with values up to 2,000 EUR
.
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals 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 as a county or magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
's court. These courts can be found in Australia
Law of Australia
The 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...
, Canada
Law of Canada
The 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...
, England and Wales
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, Ireland
Law of the Republic of Ireland
The law of the Republic of Ireland consists of constitutional, statute and common law. The highest law in the Republic is the Constitution of Ireland, from which all other law derives its authority...
, Israel, New Zealand
Law of New Zealand
The 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...
, Scotland
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
, South Africa
Law of South Africa
South 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 the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans...
, Hong Kong, and the United States
Law of the United States
The 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 $United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
15,000 in most US states. The routine collection of small debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
s forms a large portion of the cases brought to small-claims courts, as well as eviction
Eviction
How you doing???? Eviction 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 landlord
Landlord
A landlord 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 tenant
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....
s, unless the jurisdiction is already covered by a tenancy board.
A small-claims court will generally have a maximum monetary
Currency
In economics, currency refers to a generally accepted medium of exchange. These are usually the coins and banknotes of a particular government, which comprise the physical aspects of a nation's money supply...
limit to the amount of judgments it can award, often in the thousands of dollars/pounds. By suing in a small-claims court, the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for 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. "Court shopping", where a plaintiff seeks to reduce the amount of damages claimed in order to fit a trial into a court that would otherwise not have jurisdiction, is strictly forbidden in some states. For example, if a plaintiff asserts damages of $30,000 in hopes of winning an award of $25,000 in small-claims court, the court will dismiss the case 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 novo
Trial de novo
In 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 procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, and sometimes of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that 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
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. Even though rules are relaxed, they still apply to some degree. In some jurisdictions, corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
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, and practically all matters filed in small-claims court are set for trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
. Under some court rules, should the defendant not show up at trial and not have requested postponement, a default judgment may be entered in favor of the plaintiff.
Trial by jury
Trial by Jury
Trial 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 statute
Statute
A statute is a formal written enactment of a legislative authority that governs a 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, decided by courts, and regulations...
establishing the court. (The state of Washington is one exception, allowing either party to demand a jury trial.) Similarly, equitable remedies such as injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
s, including protective orders, are seldom available from small-claims courts.
Separate family court
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. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
s may exist to hear simple cases in family law
Family law
Family 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 relations
Domestic relations
In 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 judgment may be collected through wage garnishment and liens.
Most courts encourage parties with disputes to seek alternative dispute resolution, if possible, before filing suit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands 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. Both parties can agree on arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
by a third party to settle their dispute outside of court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, though while small-claims court judgments can still be appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed, arbitration awards cannot.
Small-claims courts in the United States
The movement to establish small-claims courts typically began in the early 1960s, when Justice of the PeaceJustice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely 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 came in response to the 1958 findings of Governor Thomas E. Dewey's Tweed Commission on the reorganization of the state judiciary. Since then, the movement to establish small-claims courts has led to their establishment in most US states. There is no equivalent to a small-claims court in the US federal court system, although certain types of civil claims are routinely referred to US magistrates for preliminary handling.
Changes within the small-claims court laws
Effective since the year 2010, the costs of filing fees have increased in almost every state throughout the US. Filing fees typically range from US$15 to $150, depending on the claim amount.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.Small-claims court on television
Several small-claims court television shows have appeared on network daytime televisionDaytime television
Daytime television is the general term for television shows produced that are intended to air during the daytime hours on weekdays. 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 arbitration. Such shows include The People's Court
The People's Court
The People's Court is a US television court show in which small claims court cases are heard, though what is shown is actually a binding arbitration....
, Judge Judy
Judge Judy
Judge Judy is an American court show featuring former family court judge Judith Sheindlin arbitrating over small claims cases in small claims court...
, and Judge Joe Brown
Joe Brown (judge)
Joseph "Joe" Brown is a judge and host of a court show which shares his name.-Early life:Raised in South Central Los Angeles, Brown graduated at the top of his class at Dorsey High School, then earned a bachelor's degree in political science and in 1973 a Juris Doctor degree at UCLA...
.
Small-claims courts in Canada
All provinces have procedures for small claims in Canada. In general, there are two different models. In most provinces, including British Columbia, Alberta, and New Brunswick, small-claims courts operate independently of the superior courts. In other jurisdictions, the small-claims court is a branch or division of the superior court. 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 the Queen's Bench.Small-claims cases are heard by judges of the Provincial Court in British Columbia, 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 easier and less expensive ways to resolve disputes than 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 and no formal discovery process, and parties' costs may be limited.
Monetary limits for small-claims courts in Canada vary by province:
- Alberta: The Provincial Court—Civil hears civil claims up to $25,000.
- Nova Scotia: The maximum claim that may be recovered in the Small-Claims Court cannot exceed $25,000.
- British Columbia: The maximum claim that may be recovered in the Small-Claims Division of the Provincial Court is $25,000.
- Manitoba: Small-Claims Courts adjudicated claims up to $10,000.
- New Brunswick: Claims to the Small-Claims Court of New Brunswick must be less than $6,000.
- Newfoundland and Labrador: The Provincial Court of Newfoundland and Labrador hears civil claims up to $5,000.
- Ontario: The new limit for small-claims is $25,000.
- Quebec: Claims to the Small-Claims Court of Quebec cannot exceed $7,000.
- Saskatchewan: Claims within the Civil Division of the Saskatchewan Provincial Court cannot exceed $20,000 in value.
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.
Small-claims courts in Australia
Small-claims courts in Australia are handled by the State system.England and Wales
Except through common misconception, England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
does not have a Small Claims Court as an establishment separate from the County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
. Instead, low value cases, including most non-personal injury cases up to £5,000, will usually be assigned to the small claims track, producing a small claims action in the County Court. These cases are heard by District Judge
District Judge
District Judge may refer to*A member of the Judiciary of England and Wales*A United States federal judgeNormally concerned with the civil law. I.e. Families, bankruptcy, property etc....
s under an informal procedure.
The separate small claims procedure was first introduced for claims up to £75 in 1973. This flowed from the statutory power of judges to order arbitration. The limit was raised to £1,000 in 1991, £3,000 in 1996 and £5,000 in 1999. As of 2011 consultation is underway on raising the limit to £15,000. It should be noted that the limit is only a guideline. The court may allocate a case to the small claim track where the claim is over the guideline if it is considered that the case is simple enough that it is an appropriate way of disposing of the matter.
Small-claims procedure in Europe
A European small claims procedureEuropean small claims procedure
The 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 regime
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union and the European Free Trade Association...
was established on January 1, 2009, processing claims with values up to 2,000 EUR
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
.
See also
- Allocation questionnaireAllocation questionnaireAn allocation questionnaire is a form used in English legal practice. After a claim is made, if a defence is filed each party is required to complete and return an allocation questionnaire to the court so that the judge may properly allocate the claim to a track and give further directions towards...
– form used in English civil courts to decide whether to allocate a case to the small-claims track - Amount in controversyAmount in controversyAmount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
- De minimisDe minimisDe minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor or de minimis non curat lex .In risk assessment it refers to a level of risk that is too small to be concerned with...