Our family driver recently settled a case in a
small claims court. He had been hit by a car driver who refused to pay for his hospitalization and even filed estafa charges against him.
(15) McGuire & Macdonald, "
Small Claims Courts Cant", supra note 14 at 521.
Ronan, an attorney with the AOC, agrees that effective January 1, 2011, parties may file in
small claims court to enforce liens under the Self-Service Storage Facilities Act, and states that she will work with the AOC's Education Division to make sure that
small claims courts' judicial officers are better educated about the changes.
Elikann said he suspects the constitutionality of taking people to
small claims court to enforce payment will probably be appealed.
Small claims court is designed for disputes involving small amounts of money (from a few hundred dollars up to $5,000, depending on state limits) without long delays and formal rules of evidence.
In a law review article almost two decades ago, King (1977) argues against allowing lawyers in
Small Claims Court because "[i]t is more difficult to maintain the informality of the proceedings when a lawyer is present to raise technical objections." (p.61) Yet, all but a small minority of jurisdictions permit lawyers to initiate lawsuits on behalf of plaintiff.(6)
Established in 1976, Missouri
Small Claims Courts are a relatively new development.
Finally, decide if you've exhausted all your initial options and should let it go, or determine if you should go to
small claims court or call a lawyer.
The
small claims court process could be a quick and cost-effective method of pursuing these claims if the ceilings on the amounts being sought in
small claims courts could be raised.
It has been an extreme pleasure to chair this committee as we adapt the
Small Claims Court Rules to the changing technology in the legal system and procedures of the
small claims court in Florida.
If these two steps do not work, then the victims of the Barklys and Screeches of Eugene can file a complaint in
small claims court. The complaint requests a remedy for "interference with the use and enjoyment" of the aggrieved party's home and property.