Why Use State Court Instead of a Magistrate Court?

Magistrate's court is not always the court of choice for small claims.

Most states have a tiered civil court system, with magistrate's court, or small claims court, occupying the entry level position. Despite the procedural simplicity and heightened accessibility of small claims court, litigants may prefer higher state courts for several reasons.

Possibility of Appeal

In many states, such as North Carolina, the loser has an absolute right to appeal a small claims judgment to a higher court. Litigants may prefer to begin in the higher court to avoid paying an attorney to fight the same case twice.

Strategic Concerns

After trying a case in small claims court, a litigant has generally revealed much, if not all, of their legal assertions in the case. Parties may prefer to avoid giving the opposition an opportunity to practice their case in small claims and thereby prepare for a stronger defense in the higher state court, where appeal may only be possible due to errors of law.

Complexity of the Action

Some cases demand complex pleadings, discovery and motions practice to reach the best resolution for the client. Procedural tools commonly available to parties in higher courts may not be allowed in some magistrate's courts.

References

• "A Guide to Small Claims Court"; Legal Aid of North Carolina; Retrieved September 23, 2010.
• "Introduction to the Courts"; New York State Unified Court System; Retrieved September 23, 2010.
• "Small Claims Court FAQ"; Nolo.com; Retrieved September 23, 2010.