The Small Claims Procedure

The Small Claims Procedure

The small claims procedure is regulated by RSA 503 in 1973. It is a

simple, speedy, and informal method by which an individual appears

before a judge of the district or municipal court, presents his or her

claim, and explains why another person or business owes money to him

or her. Small Claims Court can award up to $5000 in damages (larger

claims can be heard, but the maximum that can be awarded is $5000).

Although not required in Small Claims Court, any persons or businesses

involved in the proceedings may be represented by a lawyer if they

wish. Another aspect of a small claims proceeding is that a judge may

ask to hear any evidence deemed relevant and proper, since the

technical rules of evidence do not apply in a small claims proceeding.

If the small claim exceeds $1500, the person or business being sued

has a right to a jury trial. The defendant must file a written request

for a jury trial within five business days of the filing of the small

claim, unless the municipal or district court grants more time where

the defendant has shown good cause. The small claim will then be

transferred to the Superior Court for resolution.

Disadvantages of small claims

There are long standing concerns about the small claims procedure,

which have not been tackled by the 1999 reforms. Small claims are not

necessarily simple claims; they may involve complex and unusual points

of law. The procedure is not simple enough. The consumers' Association

reported in 2000 that the process was still 'quite an ordeal' and the

level of formality varied widely. The submissions of both the National

Consumer Council and the Na...

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...raise to an appeal.

The procedure is quick, simpler and cheaper than the full county court

process, which is helpful to both litigants and the over worked court

system. It gives individuals and small businesses a useful lever

against creditors or for consumer complaints. Without it, threats to

sue over small amounts would b ignored on the basis that going to

court would cost more than the value of the debt or compensation

claimed. Public confidence is also increased, by proving that the

legal system is not only accessible to the rich and powerful.

References:

Law for AQA A-level textbook

As Brian heap

A2 2001

Catherine Elliot and Frances Quinn Seventh edition

First published 2001

A-level textbook GCSE Law

Brian Heap Jacqueline Martin

2001 2001

Seventh edition Second edition