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Goals of the Small Claims Court INTRODUCTION This research examines the inst

This research examines the institution of the small claims court. The goal of this examination is to determine the extent to which the small claims court has achieved the goals for which it was established.

THE INSTITUTION OF THE SMALL CLAIMS COURT

The small claims court is so called because of the limitation placed on the monetary value of any findings made by the court.1 The monetary limitation on cases which may be brought before a small claims court does not indicate, however, that all such cases are simple. In fact, the issues involved in many cases brought before small claims courts are quite complex.2

Monetary limits in small claims courts vary from a low of $750 in Wyoming, to a high of $10,000 in Tennessee.3 In 33 states and the District of Columbia, however, the monetary limits range from $1,000to$2,000, while an additional eight states have a monetary cap of $2,500.4

Only nine states prohibit outright representation by attorneys in small claims courts. Hawaii, however, prohibits representation by attorneys in landlord/tenant disputes, Illinois permits representation by attorneys only for defendants, and Kansas limits representation by attorney to post judgement actions.

The appeal of small claims court judgements are prohibited in eight states. Appeals are permitted without qualification in the remaining states and the District of Columbia.

In 19 states, including the District of Columbia, a small claims court judge is permitted to appoint an arbitrator or mediator. In such instances, the cases are not initially brought before the court.

INTENDED PURPOSES OF SMALL CLAIMS COURTS

A general purpose stated for small claims courts is to hear disputes involving small amounts of money, without long delays, and in the absence of formal rules of evidence.5 In a broader context, the small claims court is viewed as a political institution specializing in conflict resolution, which is intended to ...

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Goals of the Small Claims Court INTRODUCTION This research examines the inst. (1969, December 31). In LotsofEssays.com. Retrieved 18:48, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1704110.html