Who Determines Due Process in Small Claims Cases?

Protecting due process in small claims court.

Although the rules of procedure in small claims court are simplified, due process is required. In basic terms, due process requires that a person involved in a court case has the right to notice of proceedings, as well as the right to be heard.

History

Due process is a principle set forth in the Constitution of the United States.

Enforcement

The judge in a small claims case is the individual responsible for ensuring that due process exists throughout the case.

Objection

Any party to a small claims case has the right to allege a violation of due process. For example, a defendant can object based on not getting proper notice of the case.

Consequences

Depending on the severity of a due process violation, the ultimate penalty is the dismissal of the case. For example, if the defendant was not served with a summons and petition (small claims papers), proceedings will be "continued" (postponed until corrected) or dismissed.

Misconceptions

There are a variety of misconceptions pertaining to the availability of legal representation in a small claims case. Some states permit a lawyer to assist a consumer in small claims court in certain situations, including when due process is an issue.

References

• Due Process of Law: A Brief History; John V. Orth; 2003
• Everybody's Guide to Small Claims Court; Ralph Warner; 2008
• American Arbitration Association, Consumer Due Process

Resources

• 'Lectric Law Library, Due Process Mini-Outline