NCJ Number
91241
Date Published
1983
Length
11 pages
Annotation
States considering experiments with changes in their small claims court procedures should use the lessons of the experience in California, particularly the need for several years within which to conduct any such experiments and the need to have some courts in which changes do not occur and which can provide comparative data.
Abstract
Beginning in 1977, California conducted monitored experiments in six courts to determine whether certain procedural improvements would substantially help litigants and the courts. The resulting legislation doubled the jurisdiction of the courts to the present $1,500; required all courts with four or more judges to hold night or weekend small claims hearings; and required each county to establish a small claims advisor program to help litigants prepare for hearings. Procedural innovations which were tested also included redesigned and simplified forms and instructions, bilingual court staff and interpreters, modified standards for a change of venue, and a preference that the convenience of individuals should prevail over the convenience of businesses or government agencies whenever feasible in setting the trial date. Extensive data were collected and a mail survey gathered responses from over 400 litigants. The individual litigants were found to be generally involved in cases in the $750 to $1,500 range. Collection of judgment was a major problem for about three-fourths of the litigants. Small claims advisors should alert the plaintiff to the problem of collection at the beginning of the litigation. In addition, judgment debtors in California are now asked to file financial statements within 35 days. A series of modest procedural changes can produce significant results in small claims processing over a period of time. Eight notes and a 13-item annotated bibliography are supplied.