The History of Small Claims Court
Designed to assist average people who had been wronged recover small sums of money, small claims courts are informal and no attorneys are necessary. Each state sets its financial limitations for small claims cases and the filing fee. The person filing the suit is known as the plaintiff. He must complete a small claims court form and pay the filing fee. The defendant is served with a duplicate of the form, often by registered or certified mail, and instructed to appear in court. If a case is filed in small claims court, the plaintiff waives the right to recover any damages over the money limits permitted by the jurisdiction. No additional suits may be filed.
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Started in Cleveland
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Cleveland, Ohio, was the site of the first small claims court in 1913. Afterward, Ohio Revised Code Title 19, Chapter 1925, ordered all municipalities and county courts to establish a small claims division. It also established the scope of jurisdiction, procedures, transfer process (to another court), judgment enforcement, and the process of starting an action.
Filing a suit was not difficult and the court sessions were informal.
To file, a Plaintiff fills in the blanks on a standardized form provided by the administrator of the local court. The information required to complete the form includes the correct names and addresses of the defendants, a brief statement regarding the dispute, and the sum of money the plaintiff seeks that is required on the form. The plaintiff then pays the filing fee, which can be recovered if he wins the case.
Once in court, the plaintiff presents his case and shows his evidence. Both the plaintiff and the defendant question the witnesses. The defendant presents his case. There is no jury. A ruling will be issued by the judge and mailed to both parties.
Other States Follow Suit
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The concept spread and within a few years, every state had established a similar court. The legislature of each state enacts the rules, recovery threshold, fees and types of cases permitted for the state.
New York created its small claims part in New York City Municipal Court in 1934. Governor Herbert H. Lehman proposed and signed the bill. Other jurisdictions in New York followed suit and established small claims divisions. The monetary threshold at the time was $50. It was increased in 1945 to $100. As of 2004, the recovery threshold in small claims court in New York is $5,000.
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The Role Expands
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While average people remain the primary plaintiffs in small claims cases, public utilities and businesses have turned to smalls claims court to collect on past-due accounts. Using small claims court provides the opportunity to cut legal costs since an attorney is not required. Several cases can be argued in the course of a session. The judicial orders received via a small claims case is as binding as any other order.
State Rules
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Each state sets its filing fee and procedures. Oregon allows cases up to $7,500 and the filing fees vary from $40 to $100 depending on the jurisdiction. Hawaii's limit is $3,500, and the filing fee is $35.
Cases involving loan repayment, failure to provide services, property damage, cancellation or breach of contract, minor personal injuries, debts, bad checks, back rent, eviction, failure to return borrowed property, failure to honor a warranty, or sub-par service are typically permitted in each state.
Some states, such as California, Indiana, Virginia and Washington, offer small claims booklets as downloads. Many states also offer their small claims forms on the Internet.
Your local small claims court administrator can answer questions regarding your state's fees and regulations.
Little Has Changed
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Small claims court remains informal, and little has changed. Massachusetts, along with other states, added a clause forcing plaintiffs to include a complete breakdown of the damages sought in the matter.
In addition to small claims courts, some states have a Landlord/Tenant Court to handle cases where a tenant is seeking the return of his security deposit.
A witness can only testify about acts or conversations he personally observed. Hearsay is not permitted.
Most courts will not allow notarized witness statements or affidavits. A defendant is unable to question witnesses represented by documents.
Jurisdiction of small claims courts remains limited. It was never designed to hear family law cases such as child support, divorce or legal separation nor high-dollar cases like foreclosure or serious injury.
Cases are typically limited to damages less than $5,000, however, there are some states that allow $7,500. The typical filing fee for small claims court is less than $100.
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References
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