The petty claims court has limited jurisdiction to hear civil cases between private plaintiffs. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county court or judge. These trials can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, the Philippines, Scotland, Singapore, South Africa and the United States.
Video Small claims court
Goals and operations
The jurisdiction of small claims courts usually includes personal disputes that do not involve large sums of money. Regular collection of small debts forms the majority of cases brought to the court of small claims, as well as evictions and other disputes between landlords and tenants, unless the jurisdiction is already covered by the tenant board.
Small claims courts generally have a maximum amount of money up to the number of assessments they can make, often in thousands of dollars/pounds. By suing in a small claims court, the plaintiff usually waives the right to claim more than can be given by the court. Plaintiffs may or may not be permitted to reduce claims to conform to the requirements of this place. The 'shopping court' - in which the plaintiff reduces the number of damage claims to have a court in court that otherwise has no jurisdiction - is strictly prohibited in some states. For example, if the claimant declares a loss of $ 30,000 in the hope of winning a $ 25,000 prize in a small claims court, the court dismisses the case because the court has no jurisdiction to hear a case stating that the damages exceed the maximum number of courts.
Thus, even if the plaintiff is willing to accept less than the full amount, the case can not be brought to court a small claim. To bring the case to a small claims court, the plaintiff must prove that the damage is actually within the jurisdiction of the court. In some jurisdictions, losers in small claims courts are entitled to trial de novo in court with more general jurisdiction and with more formal procedures.
Rules of civil procedure, and sometimes evidence, are usually modified and simplified to make the procedure economical. The usual guiding principle in this court is that individuals should be able to carry out their own cases and represent themselves without a lawyer. The rules are relaxed, but still apply to some degree. In some jurisdictions, companies still have to be represented by lawyers in small claims courts. Expensive court proceedings such as interrogators and depositions are usually not permitted in small claims courts, and almost all of the issues raised in small claims courts are set for trial. Under some court rules, if the defendant does not appear in court and does not ask for a delay, a default assessment may be included to support the plaintiff.
Trial by jury rarely or never done in a small claims court; usually excluded by the law establishing the court. Similarly, fair remedies such as orders, including protection orders, are rarely available from small claims courts.
A separate family court may be there to hear simple cases in family law. For reasons that are more historically related than the types of cases typically heard by small claims courts, most US states do not allow domestic relations disputes in small claims courts.
Winning in a small claims court does not automatically ensure payment as compensation for the claimant's claim. This may be relatively easy, in the case of disputes against the insured, or very difficult, in the case of an uncooperative, transient, or poor defendant. Judgment can be collected through payroll deductions and liens.
Most courts encourage disputants to seek alternative dispute resolution, if possible, before filing a lawsuit. For example, the California Superior Court, Santa Clara provides guidelines for resolving disputes out of court. Both parties may agree to arbitration by a third party to settle their dispute outside the court, although while claims of minor court claims can still be appealed, the arbitral award can not.
Maps Small claims court
History
London's Mayor and City Court is the successor of several medieval courts in the City of London, one of which is the Court of Conscience for small debt recovery. This is the type of equity court. A similar conscience court was established with a charter in some ancient territories in Ireland; these are replicated in other countries, without legal sanction until governed by the Government of Ireland (Act 1840).
Worldwide
Australia
Small claims are handled differently by individual states and territories, largely dependent on the court while others have a small claim division of their respective magistrates courts:
- Australian Capital Territory: ACT Civil and Administrative Tribunal
- New South Wales: New South Wales Civil and Administrative Court
- Northern Territory: Northern Territory Civil and Administrative Courts have jurisdiction over minor claims, involving sums up to $ 25,000
- Queensland: Queensland's Civilian and Administrative Courts handle minor civil disputes, involving up to $ 25,000
- South Australia: South Australian Court Judge - small claims worth up to $ 25,000
- Victoria: Victorian Civil and Administrative Tribunal
- Western Australia: Western Australian Court Judge - small case involving claims not exceeding $ 10,000
Brazil
The small tribunal court in Brazil was established by Law no. 9.099/1995 and Article One of the law states that they shall be governed by the Federal Court and the State Court. Therefore, there are Federal Small Claim Courts (single nouns Juizado Especial Federal ), as well as the Claim Court Small which is part of the state judicial structure. The Court of Small Claims owned by the State Court is divided into two types of courts: Special Civil Court ( Juizado Especial CÃÆ'vil , abbreviated as JEC) and the Special Criminal Court ( Juizado Criminal Main , abbreviated as Jecrim). Based on Article Three of Law no. 9.099/1995, a Civil Claim involving a sum of up to 40 (forty) monthly minimum wages or R $ 24,880.00 (October 2012), equivalent to approximately US $ 12,440.00, may be submitted to the Special Civil Court, as well as minor claims involving landlords and some of the claims set forth by Article 275, II, of the Civil Procedure Code. The Special Criminal Court, on the other hand, may process claims involving minor criminal offenses, which, pursuant to Article 60 of Law no. 9.099/1995 is stipulated by the Law of Contravention (Decree No. 3.688/1941) or where punishment does not extend beyond 02 (two years). As per Article 54, there is no court fee for the Claim Court Small. However, if an appeal is filed, court fees will be applied.
Canada
All provinces have procedures for small claims in Canada. In general, there are two different models. In most provinces, including British Columbia, Alberta, and New Brunswick, small claims courts operate independently of superior courts. In other jurisdictions, small claims courts are branches or high court divisions. In Ontario, the Claim Court of Small is a subsidiary of the Court of Appeal Justice, and in Manitoba, the Claim-Small Court is under the jurisdiction of the Queen Seat Court.
A minor claim case was heard by a Court of Appeal judge in British Columbia, Alberta, and Saskatchewan, by a judge or deputy judge of the High Court in Ontario, and by Hearing Officer in Manitoba.
A small claims court is meant to provide an easier and cheaper path to resolve disputes than a higher court. The small claims court procedure is governed both by provincial laws and regulations in most provinces. The small claim procedure is simplified without stricter application requirements and no official discovery process, and the cost of the parties may be limited.
The monetary limit for small claims courts in Canada varies by province:
- Alberta: Provincial Court - Civil heard civil claims up to $ 50,000.
- Nova Scotia: The maximum claimable claim in the Court of Appeal-Claims can not exceed $ 25,000.
- British Columbia: The maximum recoverable claim in the Small-Claims Division of Provincial Court is $ 25,000.
- Manitoba: Small Claims Court ruled claims up to $ 10,000.
- New Brunswick: Claims to the New Brunswick Small Claims Court should be less than $ 12,500.
- Newfoundland and Labrador: Newfoundland and Labrador Provincial Courts hear civil claims up to $ 25,000.
- Ontario: The new limit for small claims is $ 25,000.
- Quebec: The new limit for claims to the Small Claims Court in Quebec as of January 2015 is $ 15,000.
- Saskatchewan: Claims in Civil Division at the Saskatchewan Provincial Court can not exceed $ 20,000 in value.
In general, disputes involving land rights, defamation, defamation, bankruptcy, false imprisonment or malicious prosecution must be dealt with in a higher court and can not be specified in a small claims court.
England and Wales
England and Wales have no separate separate claim court. They are usually handled in County Courts after being allocated to traces of small claims to the District Court system. A small claim occurs under a modified set of rules. Low-value cases, including most non-personal injury cases up to Ã, Â £ 10,000, are usually assigned to a small claim line, resulting in a small claim action in County Courts. These cases are heard by district judges under informal procedures.
The important difference between minor claims and other civil claims is that parties usually can not recover their legal costs, regardless of who wins or loses. For this reason, most individuals and businesses involved in small claims deal with them without legal representation. However the winner will be able to recover the following costs, expenses and expenses from the losing party:
- fixed costs on startup;
- court costs;
- reasonable expenses are issued by the winner and/or his witness on the way to/from a hearing or at a place away from home for the purpose of attending the hearing;
- loss of income or loss of leave for the winner and/or testimony due to attending a hearing or staying away from home for the purpose of attending a hearing (maximum  £ 95 per day for each person);
- expert fees (limited to Ã, Â £ 750 for each expert)
A separate small claim procedure was first introduced for claims up to Ã, Â £ 75 in 1973. It flows from the power of the judge to order arbitration. The limit was raised to Ã, Â £ 1,000 in 1991, Ã, Â £ 3,000 in 1996, Ã, Â £ 5,000 in 1999 and Ã, Â £ 10,000 in 2013. At the 2011 consultation is underway on raising the limit for Ã, £ 15,000. It should be noted that the limit is only a guideline. The court can allocate a case to a small claim line where the claim is above the guidelines if it is considered that the case is simple enough so it is a good way to get rid of the problem.
European Union
The European Small Claim Procedure for cross border claims under the Brussels regime was established on January 1, 2009, processing claims with a value of up to 2,000 EUR. The monetary limit of claims has been increased to 5,000 EUR effective from 14 July 2017.
ireland
The "small claims court" is an informal name for the District Court when it operates under the Claims Procedure small trial rules. The Conscience Tribunal in the Republic of Ireland was replaced by the Court of Justice Act, 1924 by the District Court, which operates throughout the state. Small claims cases were processed in the same way as other summaries from the District Court until 1991, when the separate "small claims procedure" was first determined. The District Court currently claims a small rule procedure dated from 2007, with amendments down until 2009. The European Small Claims Procedure is used where one party resides in other EU member states.
Kenya
The Small Claims Court of Kenya was established in 2016 under section 4 of the Small Claims Act No.2 of 2016. This tribunal is a subordinate tribunal under Article 169 (1) (d) of Kenya Constitution, 2010 and its geographic jurisdiction includes sub-districts or other units of decentralization under the Constitution. Each Claim Court is headed by a jury appointed by the Judicial Service Commission. The Supreme Court may also appoint a qualified person to act as an adjudicator (sections 6 (1) and (2) To qualify under section 8 for appointment as an adjudicator, a person shall: a) become an advocate of the Kenyan High Court with three years legal experience, or b) trained as paralegals at Kenya School of Law. The Court handles civil cases provided for section 12 arising out of: a) contracts for the sale and supply of goods or services; b) liability in claims arising from loss or damage to any property or for the transmission or recovery of movable property; c) compensation for personal injury; d) set-off or counterclaims in any contract; and e) any other written civilian may give. Although the court's financial jurisdiction is limited to KES 200,000 (about 2,000 USD), Section 12 (4) gives the Supreme Court the authority to review the limit for any amount it considers appropriate by notification of the State Gazette.
Singapore
Similar to the UK, small claims can be handled in Singapore through the Singapore District Court.
United States
The movement to form small claims courts usually began in the early 1960s, when justice peace courts were increasingly being obsolete, and officials felt it desirable to have such a tribunal to allow people to represent themselves without legal counsel. In New York State, a small claims court was established in response to the findings of 1958 Tweed Governor Commission Thomas E. Dewey on the reorganization of state justice. Since then, the movement towards a small claims court has led to its formation in most US states.
Nothing is equivalent to a small claims court in federal court. (Note that Congress has set a minimum jurisdiction for a diversity jurisdiction case of $ 75,000). Judges of the judiciary are authorized to deal with certain preliminary matters. Since 2010, the cost of filing fees has increased in almost every state court system. Archiving costs typically range from US $ 15 to $ 150, depending on the number of claims. Alternatives to small claims courts include cheaper, faster dispute resolution and online dispute resolution services, where potential complainants resolve disputes at lower costs without requiring or involving the adjudication process.
Class
Some jurisdictions offer classes in small claims court procedures. Because such courts are open to the public, attendance in some sessions may be useful to persons involved in a case, whether as a plaintiff or a defendant.
On television
Some minor claims processes have appeared on television at court events; However, the arrangements in the program are not really a court of law, although they are trying to exclude such appearances, they are merely forms of arbitration. The event included People's Court, Judge Judy , Judge Joe Brown , Judge Mathis , etc., All of which featured retired judges as arbitrator.
See also
- Questionnaire allocation - a form used in British civil courts to decide whether to allocate a case to a small claim line
- Amount in controversy
- De minimis
References
Source of the article : Wikipedia
0 Comments