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PURPOSE AND OPERATION The business of small claims courts typically encompasses small private disputes in which large amounts of money are not at stake. The routine collection of small Debt s forms a large portion of the cases brought to small claims courts, as well as Eviction s and other disputes between Landlord and Tenant unless the jurisdiction is already covered by a tenancy board. Typically, a small claims court will have a maximum Monetary limit to the amount of Judgment s it can award; these limits vary. Upper limits are set in the thousands of dollars/pounds. By suing in a small claims court, the Plaintiff typically waives any right to claim more than the court can award. The plaintiff is allowed to reduce a claim to fit the requirements of this venue. In some jurisdictions, a party who loses in a small claims court is entitled to a trial '' De Novo '' in a court of more general jurisdiction and with more formal procedures. The rules of . In some jurisdictions Corporation s must still appear, represented by a lawyer, in small claims court. Rules of pleading are likewise simplified; in many Court systems, no answer is required of the Defendant , and Default Judgment is not available for failing to file a written response; instead, all matters filed in small claims court are set for Trial . Under some court rules should the defendant not show up at trial and not have requested postponement, a default judgment may be entered in favour of the plaintiff. Trial By Jury is seldom or never conducted in small claims courts; it is typically excluded by the Statute establishing the court. Similarly, Equitable remedies such as Injunction s, including protective orders, are seldom available from small claims courts. Separate Family Court s may exist to hear simple cases in Family Law . For reasons having more to do with history than with the sort of case typically heard by a small claims court, most US states do not allow Domestic Relations disputes to be heard in small claims court. Winning in small claims court does not automatically ensure payment in recompense of a plaintiff's damages. This may be relatively easy, in the case of a dispute against an insured party, or extremely difficult in the case of an uncooperative, transient or indigent defendant. SMALL CLAIMS COURTS IN THE UNITED STATES The movement to establish small claims courts typically began in the early 1960s , when Justice Of The Peace courts were increasingly being seen as obsolete, and it was felt to be desirable to have such a court to allow people to represent themselves without legal counsel. In New York State the establishment of small claims courts was in response to the findings of Governor Thomas E. Dewey 's Tweed Commission on the reorganization of the state judiciary, which issued its findings in 1958 . Since then, the movement to establish small claims courts has led to their establishment in most U.S. states. There is no equivalent to a small claims court in the U.S. federal court system, although certain types of civil claims are routinely referred to U.S. Magistrate s for preliminary handling. Classes Some jurisdictions offer classes in small claims court procedures. As such courts are open to the public, attendance at a few sessions may be useful to a person involved in a case, whether as plaintiff or defendant. External links by state There may be enough similarities between states that useful information may be obtained, but should not be relied upon. Your local Superior Court or similar judicial entity should be consulted for amount limits, filing procedures, and time limits.
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