NCJ Number
54459
Journal
Judges Journal Volume: 16 Issue: 4 Dated: (FALL 1977) Pages: 18-21,50-52
Date Published
1977
Length
7 pages
Annotation
THE DRAWBACKS OF SMALL CLAIMS COURTS ARE DISCUSSED USING DATA FROM STATE BAR ASSOCIATION AND STATE CONSUMER PROTECTION AGENCIES.
Abstract
SMALL CLAIMS COURT IS DEFINED AS A COURT DEALING EXCLUSIVELY WITH SMALL CLAIMS WHICH REACHES A BINDING JUDGMENT BY MEANS OF A SPEEDY, INFORMAL, AND INEXPENSIVE PROCEDURE. IN THIS NATIONWIDE SURVEY IT WAS FOUND THAT 32 STATES ASSIGN THEIR SMALL CLAIMS COURTS JURISDICTION IN MATTERS OTHER THAN SMALL CLAIMS. IT WAS ALSO FOUND THAT THE AVERAGE WAITING TIME FROM THE FILING OF A SMALL CLAIM CIVIL CASE TO THE TIME OF TRIAL IS ALMOST 8 WEEKS. FILING FEES RANGE FROM 1 DOLLAR TO 20 DOLLARS. SMALL CLAIMS COURTS ARE INEFFECTIVE IN TERMS OF THEIR DEFINED PURPOSE AND CREATE PROBLEMS OF INJUSTICE IN THE JUDICIAL SYSTEM. THE COURTS' WEEKDAY HOURS DISCRIMINATE AGAINST THE BLUE-COLLAR WORKER WHO CANNOT AFFORD TO TAKE A DAY OFF FROM WORK. ANOTHER COMMON PROBLEM IS THAT MANY CONSUMERS ARE NOT AWARE OF THE LEGAL OPTIONS AVAILABLE TO THEM. ARGUMENTS FAVOR LIMITING DEFAULT JUDGMENTS AGAINST CONSUMERS AND EASING THE BURDEN OF PROOF FOR CONSUMERS WHO ARE PLAINTIFFS. IT IS RECOMMENDED FURTHER THAT APPEALS BE LIMITED BECAUSE THE NATURE OF THE APPEAL CONFLICTS WITH THE IDEALS OF A SPEEDY, INFORMAL, AND INEXPENSIVE PROCEDURE. THE DEFENDANT SHOULD BE ALLOWED TO APPEAL ONLY UNDER CERTAIN CONDITIONS, AND THE PLAINTIFF SHOULD BE DENIED THE AVENUE OF APPEAL ALTOGETHER. IT IS ALSO PROPOSED THAT CRIMINAL SANCTIONS BE APPLIED TO DEFENDANTS WHO WILL NOT PAY. THE EFFICIENCY OF THE SMALL CLAIMS COURT IS FURTHER HAMPERED BY SMALL BUSINESSES' USE OF THE COURTS AS COLLECTION AGENCIES. A MODEL SYSTEM FOR SMALL CLAIMS IS PROPOSED. A CHANGE IN THE JUDGE'S ROLE IS URGED.