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Small-claims courts have limited jurisdiction to hear
civil Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...
cases between private
litigant A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. T ...
s. 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 or
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
's court. These courts can be found in
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
,
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
,
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
,
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
,
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
,
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
,
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
,
Greece Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to th ...
,
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
,
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
,
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
,
Singapore Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...
,
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
,
Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...
and the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
.


Purpose and operation

The jurisdiction of small-claims courts typically encompasses private disputes that do not involve large amounts of money. The routine collection of small
debt Debt is an obligation that requires one party, the debtor, to pay money Loan, borrowed or otherwise withheld from another party, the creditor. Debt may be owed by a sovereign state or country, local government, company, or an individual. Co ...
s forms a large portion of the cases brought to small-claims courts, as well as
eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ...
s and other disputes between
landlord A landlord is the owner of property such as a house, apartment, condominium, land, or real estate that is rented or leased to an individual or business, known as a tenant (also called a ''lessee'' or ''renter''). The term landlord appli ...
s and
tenants A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a lea ...
, unless the jurisdiction is already covered by a tenancy board. A small-claims court generally has a maximum
monetary Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are: med ...
limit to the amount of
judgments Judgement (or judgment) is the evaluation of given circumstances to Decision-making, make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context o ...
it can award, often in the thousands of dollars/pounds. By suing in a small-claims court, the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
typically waives any right to claim more than the court can award. The plaintiff may or may not be allowed to reduce a claim to fit the requirements of this venue. 'Court shopping'—where a plaintiff reduces the damage claim amount to have a trial in a court that otherwise does not have jurisdiction—is strictly forbidden in some states. For example, if a plaintiff asserts damages of $30,000 in hopes of winning an award of $25,000 in small-claims court, the court dismisses the case because the court does not have jurisdiction to hear cases in which asserted damages exceed the court's maximum amount. Thus, even if the plaintiff is willing to accept less than the full amount, the case cannot be brought to small-claims court. To bring the case to small-claims court, the plaintiff must prove that actual damages are within the court's jurisdiction. In some jurisdictions, a party who loses in a small-claims court is entitled to a trial ''
de novo De novo (Latin, , used in English to mean 'from the beginning', 'anew') may refer to: Science and computers * ''De novo'' mutation, a new germline mutation not inherited from either parent * ''De novo'' protein design, the creation of a protei ...
'' in a court of more general jurisdiction and with more formal procedures. The rules of
civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
, and sometimes of
evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
, are typically altered and simplified to make the procedures economical. A usual guiding principle in these courts is that individuals ought to be able to conduct their own cases and represent themselves without a
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
. Rules are relaxed but still apply to some degree. In some jurisdictions,
corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
s must still be represented by a lawyer in small-claims court. Expensive court procedures such as interrogatories and depositions are usually not allowed in small-claims court, and practically all matters filed in small-claims court are set for
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
. Under some court rules, should the defendant not show up at trial and not have requested a postponement, a default judgment may be entered in favour of the plaintiff.
Trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...
is seldom or never conducted in small-claims courts; it is typically excluded by the
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
establishing the court. Similarly, equitable remedies such as
injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...
s, including protective orders, are seldom available from small-claims courts. Separate
family court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...
s may exist to hear simple cases in
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriag ...
. 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 In the common law tradition, the law of domestic relations is a broad category that encompasses: * divorce; * property settlements; * alimony, spousal support, or other maintenance; * the establishment of Paternity (law), paternity; * the establ ...
disputes 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. The judgment may be collected through
wage garnishment Garnishment is a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishment allows the plaintiff (the "garnishor") to take the money or property of the debtor from the person or institution that holds t ...
and
liens A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
. Most courts encourage parties with disputes to seek alternative dispute resolution, if possible, before filing
suit A suit, also called a lounge suit, business suit, dress suit, or formal suit, is a set of clothes comprising a suit jacket and trousers of identical textiles generally worn with a collared dress shirt, necktie, and dress shoes. A skirt su ...
. For example, the Superior Court of California, Santa Clara provides guidelines for resolving disputes out of court. Both parties can agree on
arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
by a third party to settle their dispute outside of
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
.


History

The
Mayor's and City of London Court The Mayor's and City of London Court is a sitting of the County Court (England and Wales), County Court in the City of London. It is located at Guildhall Buildings, Basinghall Street. History The current court is the successor to courts pre-dati ...
is the successor to the several medieval courts in the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
, one being the Court of Conscience for recovery of small debts. This was a type of
equity court A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of E ...
. A similar Court of Conscience was established by
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...
in some
ancient borough An ancient borough was a historic unit of lower-tier local government in England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the co ...
s in
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
; this was emulated in others, without legal sanction until regularised by the
Municipal Corporations (Ireland) Act 1840 The Municipal Corporations Act (Ireland) 1840 ( 3 & 4 Vict. c. 108), ''An Act for the Regulation of Municipal Corporations in Ireland'', was passed by the Parliament of the United Kingdom on 10 August 1840. It was one of the Municipal Corporat ...
.


By region


Australia

Small claims are handled differently by each state and territory, with most relying on tribunals while others have a minor claims division of their respective magistrates court: * Australian Capital Territory:
ACT Civil and Administrative Tribunal The ACT Civil and Administrative Tribunal (ACAT) is a tribunal in the Australian Capital Territory. It provides a forum for the determination of a wide range of civil disputes, requests for review of administrative decisions, and professional ...
has jurisdiction over civil disputes involving amounts up to $25,000 * New South Wales: The Small Claims Division of the
Local Court of New South Wales The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New Sou ...
hears civil claims up to $20,000, while the General Division hears civil disputes between $20,000 and $100,000 in value. * Northern Territory: Northern Territory Civil and Administrative Tribunal has jurisdiction over small claims, which involve amounts up to $25,000 * Queensland:
Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) is statutory organisation responsible for reviewing administrative law decisions of some Queensland Government departments and agencies, and also adjudicating some civil law disputes. The t ...
deals with minor civil disputes, which involve amounts up to $25,000 * South Australia:
Magistrates Court of South Australia The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the ''Court of Sessions Act 1837''. It has both O ...
hears a minor claim, which is up to $25,000 in value * Victoria:
Victorian Civil and Administrative Tribunal The Victorian Civil and Administrative Tribunal (VCAT) was formed by the ''Victorian Civil and Administrative Tribunal Act'' 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the tribunal sits 'below' the Magistra ...
* Western Australia:
Magistrates Court of Western Australia The Magistrates Court of Western Australia is the first tier court in Western Australia, a state of Australia. It has jurisdiction in respect of criminal and civil matters, as well as a range of administrative matters. The court came into exi ...
hears a minor case, which involves a claim up to $10,000


Belgium

In
Belgium Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...
, the justices of the peace (, , ) function as the small claims courts in the country's judicial system; they stand at the bottom of the Belgian judicial hierarchy and only handle civil cases. There is a justice of the peace in each judicial canton of Belgium, of which there are 187 in total as of 2017. The justices of the peace have
original jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...
over cases in which the disputed amount does not exceed 5,000 euro (as of September 2018), except for the matters over which another court or tribunal has
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...
. In addition, the justices of the peace have original jurisdiction over a number of matters irrespective of the disputed amount, such as cases involving the
renting Renting, also known as hiring or letting, is an agreement where a payment is made for the use of a good, service or property owned by another over a fixed period of time. To maintain such an agreement, a rental agreement (or lease) is sig ...
or
leasing A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
of real estate,
eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ...
s,
easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...
,
land consolidation Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land surface ...
,
consumer credit Credit (from Latin verb ''credit'', meaning "one believes") is the trust which allows one party to provide money or resources to another party wherein the second party does not reimburse the first party immediately (thereby generating a debt) ...
or unpaid
utility bill An invoice, bill, tab, or bill of costs is a commercial document that includes an itemized list of goods or services furnished by a seller to a buyer relating to a sale transaction, that usually specifies the price and terms of sale, quantitie ...
s. The justices of the peace also have original jurisdiction in certain aspects of
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriag ...
, most notably
legal guardian A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, ca ...
ships for incapacitated seniors, and the
involuntary commitment Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation, or informally in Britain sectioning, being sectioned, commitment, or being committed, is a legal process through which an individual who is deemed by a qual ...
of the mentally ill to psychiatric facilities. The judgments made by the justices of the peace can, with some exceptions, be appealed to the tribunals of first instance.


Brazil

Small claim courts in Brazil were established by Law No. 9,099/1995 and Article One of such law states that they shall be organized by both Federal Judiciary and State Judiciary. Therefore, there are Federal Small Claim Courts (single noun ''Juizado Especial Federal''), as well as Small Claim Courts that are part of a state's judiciary structure. The Small Claim Courts that belong to a State's Judiciary are subdivided into two types of courts: the Special Civil Court (''Juizado Especial Cível'', shortened as JEC) and the Special Criminal Court (''Juizado Especial Criminal'', shortened as Jecrim). Under Article Three of Law No. 9,099/1995, Civil Claims involving an amount up to 40 (forty) monthly minimal wages or R$24,880.00 (October 2012), which correspond to roughly US$12,440.00, may be filed before a Special Civil Court, as well as small claims involving landlords and some claims set by Article 275, II, of the Code of Civil Procedure. Special Criminal Courts, on the other hand, may process claims involving small criminal offences, which, under Article 60 of Law No. 9,099/1995 are those either set by the Contraventions Law (Decree No. 3,688/1941) or those where the penalty does not surpass 02 (two years). As per Article 54, there are no court fees for the Small Claim Courts. However, if an appeal is filed, court fees shall 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 the superior courts. In other jurisdictions, the small-claims court is a branch or division of the superior court. In Ontario, the Small-Claims Court is a branch of the Superior Court of Justice, and in Manitoba, the Small-Claims Court is under the jurisdiction of the Court of the King's Bench. Small-claims cases are heard by judges of the Provincial Court in British Columbia, Alberta, and Saskatchewan, by judges or deputy judges of the Superior Court of Justice in Ontario, and by Hearing Officers in Manitoba. Small-claims courts are meant to provide an easier and less expensive path to resolve disputes than the higher courts. Small-claims court procedure is regulated both by provincial legislation and rules in most provinces. The small-claims procedure is simplified with no strict pleadings requirements and no formal discovery process, and parties' costs may be limited. Monetary limits for small-claims courts in Canada vary by province: In general, disputes involving title to land,
slander Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making wikt:asserti ...
,
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
,
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...
,
false imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is n ...
, or
malicious prosecution Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action ( civil or crim ...
must be handled in a superior court and cannot be determined in small-claims courts.


European Union

A European Small Claims Procedure for cross-border claims under the
Brussels regime The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade A ...
as an alternative to national procedures was established on 1 January 2009, processing claims with values up to 2,000
EUR The euro (symbol: €; currency code: EUR) is the official currency of 20 of the member states of the European Union. This group of states is officially known as the euro area or, more commonly, the eurozone. The euro is divided into 10 ...
, increased to 5,000€ on 14 July 2017 and current .
Denmark Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...
is the only EU country that is not subject to this procedure.


Hong Kong

The Small Claims Tribunal ( Chinese: 小額錢債審裁處) was established to provide a procedure for the speedy and inexpensive resolution of small claims. Situated at the
West Kowloon Law Courts Building The West Kowloon Law Courts Building is a courthouse in Sham Shui Po, Kowloon Kowloon () is one of the areas of Hong Kong, three areas of Hong Kong, along with Hong Kong Island and the New Territories. It is an urban area comprising t ...
, the Small Claims Tribunal deals with monetary claims not exceeding HK$75,000. It has exclusive jurisdiction to deal with such claims. The Small Claims Tribunal does not have jurisdiction to deal with labour disputes, possession of land, alimony maintenance, libel/defamation claims and claims made by money lenders. As the Small Claims Tribunal does not have the power to grant injunctive relief, if a claimant seeks such relief, the case will be transferred to the
District Court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...
. The
Chief Magistrate A chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of magistrate have often overlapped and refer to, as the case may be, to a major political and admi ...
(currently Victor So Wai-tak) is the Court Leader of the Small Claims Tribunal and is responsible for the administration of the Tribunal. Cases in the Small Claims Tribunal are heard by Adjudicators ( Chinese: 審裁官) appointed by the
Chief Executive A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...
on the recommendation of the independent
Judicial Officers Recommendation Commission The Judicial Officers Recommendation Commission (JORC, ) is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive A chief executive officer (CEO), also known as a chief executive or managing d ...
(JORC). Cases may also be heard by Deputy Adjudicators ( Chinese: 暫委審裁官) appointed on a temporary basis by the Chief Justice. A person who has practised for at least 5 years as a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
,
advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
,
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
or
judicial officer A judicial officer is a person with the responsibilities and powers to facilitate, arbitrate, preside over, and make decisions and directions with regard to the application of the law. Judicial officers are typically categorized as judges, magis ...
in Hong Kong or another
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
jurisdiction is eligible to be appointed as an Adjudicator or Deputy Adjudicator. In practice, a number of Permanent Magistrates are assigned to sit as Adjudicators in the Small Claims Tribunal. The fee to file a claim in the Small Claims Tribunal varies between HK$20 and HK$120 depending on the amount claimed. When a claim is filed at the Tribunal Registry, the claimant will be given Form 3 which states the date of the call-over hearing (which must take place no later than 60 days after the claim is filed). At the call-over hearing, the Tribunal Officer will interview both parties, identify the issues in dispute and explore if a settlement can be reached. If the dispute cannot be settled, the Tribunal Officer will give directions for the filing of further documents (defence, counterclaim, reply, witness statements, other supporting documents etc.) and will adjourn the case until another date for a mention hearing. At the mention hearing, the Adjudicator will check if the parties have complied with the previous directions and may also give further directions in preparation for trial. The Adjudicator may also actively explore with parties if they are willing to settle. If a settlement cannot be reached and the case is ready for trial, the Adjudicator will fix a trial date. A party may apply to the Tribunal for adjournment of a hearing date. However, as the aim of the Small Claims Tribunal is to handle and dispose of disputes within a reasonable time, the Tribunal will generally only allow an application for adjournment if it is supported by a good reason and if it is a short adjournment. The Tribunal is expected to manage cases actively. Hearings in the Small Claims Tribunal are conducted in an informal manner. Parties act in person and are not permitted to be legally represented. The rationale is that small claims should be resolved without incurring substantial expenses in retaining legal services and also that an unrepresented litigant should not fear the imbalance of power caused by a lawyer representing the other side. This ensures that there is a level playing field for all parties. However, a party is permitted to consult a lawyer for advice, including a lawyer who is present in the courtroom during the hearing as an observer, as long as the lawyer does not effectively conduct the case by giving directions to the party on steps to take during the hearing and questions to ask the witnesses. If a party is a corporation and one of its employees is a lawyer, that employee is allowed to represent the corporation in the proceedings in the Small Claims Tribunal. A party may also apply to the Small Claims Tribunal for leave for another person (who is not a lawyer) to act as their representative in conducting the case. The claimant bears the burden of proof and has the primary responsibility to prepare and produce evidence in support of their case. However, the Adjudicator is under a statutory obligation to inquire into any matter considered relevant to a claim, whether or not it has been raised by a party. The Adjudicator may therefore invite the parties to comment on matters or direct them to produce evidence or documents relating to matters considered to be important. As the Adjudicator has an 'active inquisitorial role', the adjudicator should direct the parties to produce specific documents/evidence if such documents/evidence would have a bearing on the legal analysis of the dispute. The Adjudicator is not under a duty to summon witnesses to fill in the gaps in the evidence/case put forward by a party, but if a witness who may be important has not been called by a party and the Adjudicator has not explained to the parties the potential significance of that witness, the Adjudicator should not solely rely on the failure to call that witness to disbelieve a party's case. The Adjudicator may put questions to the parties and witnesses, and invite the parties to make submissions. However, the duty to inquire does not mean that the Adjudicator should take over the role of an adviser or advocate for a party, as the Adjudicator must remain neutral and impartial. Rules of evidence do not apply in the Small Claims Tribunal, which may receive any evidence that it considers to be relevant. The Small Claims Tribunal will decide how to receive evidence based on considerations of proportionality, costs and common sense. A party may request
discovery Discovery may refer to: * Discovery (observation), observing or finding something unknown * Discovery (fiction), a character's learning something unknown * Discovery (law), a process in courts of law relating to evidence Discovery, The Discovery ...
of documents from the other party if such documents exist, are/were in that party's possession, are relevant to the dispute and are necessary to obtain to deal fairly with the dispute between the parties. The Small Claims Tribunal can receive
hearsay Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, inadmissible (the "hearsay evidence rule") unless an exception ...
evidence, but it should consider why the witness concerned is not called to give oral evidence and whether the hearsay evidence is credible. The Small Claims Tribunal has a discretion to award to the successful party any reasonable expenses necessarily incurred by and any loss of salary or wages suffered in attending the hearings. The costs order is not meant to be punitive. The Adjudicator will give the decision orally or in writing at the end of the trial or as soon as possible thereafter. If the decision is delivered orally, the Adjudicator is required to reduce it to writing within 14 days. When reducing the oral decision in writing, the Adjudicator may expand on the oral decision by giving fuller written reasons for judgment as long as they are consistent with the original determination and factual findings. The Adjudicator is under a duty to analyse the material points in the evidence of the case and to give reasons as to why a particular conclusion or decision has been reached. The Adjudicator should explain their belief or disbelief in the evidence given by a witness. The Adjudicator should not give further written reasons to perfect or improve on the written reasons for decision which have already been given, in particular after one party has made an application to the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
of the High Court for leave to appeal. After the Adjudicator has delivered the decision/order, a party may request within 7 days by filing Form 8C and paying a fee of HK$61 that the adjudicator review the decision. When conducting the review of the decision/order, the Adjudicator may re-open and re-hear the claim wholly or in part, may call or hear fresh evidence, and may accordingly confirm, vary or reverse the decision/order. Parties wishing to adduce new evidence at the review stage are required to give cogent reasons explaining why such evidence had not been adduced at trial and show that such evidence is material/relevant to the dispute. The Adjudicator is required to give adequate reasons for the review decision. Regardless of whether the Adjudicator has conducted a review of the decision/order, a party may appeal to the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
of the High Court against a decision/order of the Small Claims Tribunal. However, it is necessary first to apply for leave to appeal from the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
by filing Form 9 and paying a fee of HK$61 within 7 working days of the Small Claim Tribunal's decision/order by showing that it involves a point of law that is arguable or exceeded the Tribunal's jurisdiction. When applying for leave to appeal, a party may be legally represented in the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
. The leave to appeal application will be heard before a High Court Judge at an '' ex parte'' oral hearing, which is attended only by the party applying for leave to appeal and not the other party/parties. Instead of an oral hearing, regardless of whether the applicant is legally represented or acting in person, the High Court Judge may direct that the '' ex parte'' application for leave to appeal be determined by way of paper disposal (in which case, the applicant files written submissions and the Judge hands down a decision at a later date). If the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
refuses to grant leave to appeal, its decision is final and not susceptible to further appeal. The '' ex parte'' leave to appeal procedure means that the successful party in the Small Claims Tribunal only has to spend time and incur costs in resisting an appeal if the other party has been able to persuade the High Court Judge that he/she has an arguable ground of appeal. However, in some cases, the High Court Judge may direct that the leave to appeal hearing take place ''
inter partes In law, ''inter partes'' (Law Latin for 'between the parties'Duhaime Legal Dictionary
Access ...
'' (in the presence of all the parties, not just the applicant). If leave to appeal is granted, the appellant should file a Notice of Originating Motion and pay a fee of HK$1,045. All the parties (who may be legally represented) will then attend the appeal hearing before a High Court Judge. The
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
is not bound to allow the appeal merely because there was a misdirection or improper admission or rejection of evidence by the Small Claims Tribunal, unless the Court is of the view that substantial wrong or miscarriage was thereby occasioned. If the appeal is allowed, and if the appellant is legally represented while the respondent acts in person as he/she cannot afford legal representation, the Court has a discretion not to order that the unsuccessful respondent pay the costs incurred by the successful appellant in bringing the appeal if it would cause 'undue hardship' to the unsuccessful respondent and if the respondent had not put forward a claim or a defence in bad faith and had not misbehaved in conducting the proceedings in the Small Claims Tribunal. In principle, if the appeal is allowed, the Court of First Instance will remit the case back to the Small Claims Tribunal for a re-trial if it is necessary to make new/further factual findings, even if the amount claimed is small. However, the Court of First Instance may decline to order a re-trial even if it considers that the Small Claims Tribunal made an error of law if it would be disproportionate bearing in mind the amount claimed.


Ireland

The "small claims court" is an informal name for the
District Court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...
when operating under its Small Claims Procedure court rules. The Courts of Conscience of boroughs in the Republic of Ireland were superseded under the
Courts of Justice Act, 1924 The Courts of Justice Act 1924 () was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now the 26 county only Republic of Ireland). Among the new courts was the Supreme Court of the I ...
by the District Court, which operates throughout the state. Small claims cases were processed in the same manner as other
summary judgment In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summa ...
s of the District Court until 1991, when a separate "small claims procedure" was first specified. The current District Court small claims procedure rules date from 2007, with amendments down to 2009. The European Small Claims Procedure is used where one party is in another EU member state.


Kenya

The Kenyan Small Claims Court was established in 2016 (formally launched on 26 April 2021 at Milimani Law Courts) under section 4 of the Small Claim Act No.2 of 2016. This court is a subordinate court as per Article 169(1) (d) of the Constitution of Kenya, 2010 and its geographical jurisdiction covers sub-counties or any other units of decentralization under the Constitution. Each Small Claims Court is presided over by an adjudicator appointed by the Judicial Service Commission. The Chief Justice can also designate any qualified person to act in as an adjudicator (section 6(1) and (2). To qualify under section 8 for appointment to be an adjudicator, a person must: a) be an advocate of the High Court of Kenya with three years of legal experience, or b) be trained as a paralegal at the Kenya School of Law. The court deals with civil cases provided for under section 12 which arise from: a) a contract for sale and supply of goods or services; (b) a contract relating to money held and received; (c) liability in tort in respect of loss or damage caused to any property or for the delivery or recovery of movable property; (d) compensation for personal injuries; and (e) set-off and counterclaim under any contract. Though the court’s pecuniary jurisdiction is limited to KES 1,000,000 (approximately US$10,000), Section 12(4) gives the Chief Justice the power to review that limit to any amount he thinks fit via a Gazette notice.


Nigeria

Small Claims court in Nigeria is similar to the ones in the United States and England. They are specially designated courts that hear and determine debt recovery cases of a small and liquidated debt. The small claims courts were introduced in Lagos Nigeria in April 2018 by the former Chief Judge of Lagos State Justice Opeyemi Oke . It is not clear if it was a world bank initiative or as a Lagos State Judiciary reform as the time of establishing the courts coincided with the PEBEC and world bank motive to improve the ease of doing business in Nigeria through seamless debt recovery court procedure. At the establishment ceremony, 15 magistrates courts across the five magisterial districts of Lagos were designated as small claims court. The five magisterial districts include Lagos Island, Ikeja, Yaba, Badagry and Ikorodu. The Kano State Judiciary followed in Lagos' steps and established it
Small Claims Court
on 24 January 2019 having similar jurisdiction as the Lagos State Small Claims Court. Five Courts were designated as Small Claims Courts and are located in Gwammaja, Gyadi-Gyadi, Nomansland and Dawakin Tofa. The small claims courts are presided over by magistrates who hear and determine cases on debt claims not exceeding five million Naira. It encompasses the routine collection of small debts, evictions and other disputes between landlords and tenants, as well as breach of contracts and simple torts. To institute a small claims matter, either the defendant or the claimant must be residing or doing business within the judicial division of the court.


Singapore

Similar to the UK, small-claims can be handled in Singapore through
State Courts of Singapore The State Courts of Singapore (formerly the Subordinate Courts) is one of the three categories of courts in Singapore, the other categories being the Supreme Court and Family Justice Courts. The State Courts comprise the District and Magistrate ...
.


United Kingdom

The rules and procedures differ for the different countries of the United Kingdom. While Britain was a member of the European Union, the European Small Claims Procedure for cross-border claims also applied.


England and Wales

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
does not have a separate small claims court. They are usually dealt with in the County Court after being allocated to the small claims track of the County Court system. Small claims take place under a modified set of rules. Low-value cases, including most non-personal-injury cases up to £10,000, are usually assigned to the small claims track, producing a small claims action in the County Court. These cases are heard by district judges under an informal procedure. An important difference between small claims and other civil claims is that the parties are usually unable to 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. The winning party will, however, generally be able to recover the following costs, fee and expenses from the losing party: * fixed costs on commencement; * court fees; * expenses reasonably incurred by the winner and his/her witnesses in travelling to/from a hearing or in staying away from home for the purposes of attending a hearing; * loss of earnings or loss of leave for the winner and his/her witnesses due to attending a hearing or staying away from home for the purpose of attending a hearing (capped at £95 per day for each person); * expert fees (capped at £750 for each expert) The separate small claims procedure was first introduced for claims up to £75 in 1973. This flowed from the statutory power of judges to order arbitration. The limit was raised to £1,000 in 1991, £3,000 in 1996, £5,000 in 1999 and £10,000 in 2013. The limit is only a guideline. The court may allocate a case to the small claim track where the claim is over the guideline if it is considered that the case is simple enough that it is an appropriate way of disposing of the matter. A Money Claim Online service is available for larger, but still simple, claims.


Northern Ireland

The small claims process allows certain types of claims not exceeding £3,000 to be decided informally by the County Court.


Scotland

In Scotland small claims are handled by a process called simple procedure, subject to a limit of £5,000.


United States

The movement to establish small-claims courts typically began in the early 1960s, when justice of the peace courts were increasingly seen as obsolete, and officials felt it desirable to have such a court to allow people to represent themselves without legal counsel. In
New York State New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
, small claims courts were established in response to the 1958 findings of Governor
Thomas E. Dewey Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer and politician who served as the 47th Governor of New York from 1943 to 1954. He was the Republican Party's nominee for president of the United States in 1944 and ...
's Tweed Commission on the reorganization of the state judiciary. Since then, the movement towards small-claims courts has led to their establishment in most U.S. states. There is no equivalent to a small-claims court in the federal court. (Note that
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
has set the jurisdictional minimum for
diversity jurisdiction In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts the power to hear lawsuits that do not involve a federal question. For a federal court to have diversity ju ...
cases at greater than $75,000). Magistrate judges are authorized to handle certain preliminary matters. Since the year 2010, the costs of filing fees have increased in almost every state court system. Filing fees typically range from US$15 to $150, depending on the claim amount. The alternative to small claims court include less expensive, faster online dispute resolution and settlement services, where potential litigants settle their disputes at a lower cost without requiring or involving any adjudicative process.


Greece

In Greece they are called "Ειρηνοδικεία" or "Πταισματοδικεία" (Justices of Peace or Small-Claims Courts). They have only one judge. According to Article 14 of the Civil Code (Jurisdiction of Magistrates' Courts and Single-Member Courts of First Instance due to an amount), the following are under its jurisdiction: # All differences that can be valued in money and the value of their object does not exceed the amount of twenty thousand (20,000.00) euros. All main or incidental differences from a lease agreement, as well as the differences of article 601 of the Civil Code, since in all these cases the agreed monthly rent does not exceed six hundred (600.00) euros # The differences between the owners of floors or apartments from the relationship of the apartment ownership and the differences between the managers of property by floors and the owners of floors and apartments concerning common costs, as long as the value of their object does not exceed the amount of twenty thousand (20,000) euros. According to Article 15 of the Civil Code (Extraordinary jurisdiction of a magistrate's court without discrimination of value) the jurisdiction of the magistrate's courts is subject to the jurisdiction of the magistrate's courts regardless of the value of the subject of the dispute # The differences from purchased land concerning the delivery of the use of the lease or its performance for any reason, # Disputes concerning damage to trees, vines, fruits, seeds, roots and general plants, caused by illegal grazing of animals or in any other way, # The differences arising from the provisions of articles 1003 to 1009, 1018 to 1020 and 1023 to 1031 of the Civil Code, as well as those referring to damages caused by their violation, # Disputes concerning the determination of distances imposed by laws and regulations or local customs for planting trees or plantations or for erecting fences or digging ditches; # The disputes concerning the obstruction of the free use of roads and paths, as well as the damages caused by this obstruction, # Disputes concerning the use of running water or the prevention of its use, # The differences arising from the provisions of articles 834 to 839 of the Civil Code, # The disputes concerning claims of the persons referred to in articles 834 and 839 of the Civil Code or their universal successors, against their clients or their universal successors, # The differences from a contract of carriage of persons by any means, for the claims that the carriers or agents or their universal successors have from it; # The disputes concerning the claims of the associations and cooperatives against their members or their universal successors, for the contribution owed to them, as well as the disputes concerning the claims that the members or the universal successors have against the associations and cooperatives them for monetary or other benefits, the disputes concerning the demands of lawyers or their universal successors for their fees and expenses, if it concerns their services in trials in the Magistrates' Court or in the Criminal Court, # Disputes relating to the rights or compensation or costs of witnesses examined in any court or to arbitrators, and those relating to the rights or compensation or costs of interpreters, bailiffs and bailiffs, however appointed, and registrars successors of all these, # The differences arising from the sale of animals, due to actual defects or lack of agreed properties. Magistrates' courts are also responsible for issuing payment orders and rent payment orders for a claim within their jurisdiction, while from 1 March 2013 they are now responsible for the publication of wills, the issuance of inheritance certificates as well as for the registration or removal of a mortgage pre-notification.


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.


In popular culture

Several small-claims proceedings have appeared on television in
court show A court show (also known as a judge show, legal/courtroom program, courtroom series, or judicial show) is a broadcast programming genre comprising legal dramas and reality legal programming. Court shows present content mainly in the form of legal ...
s. However, the settings in these programs are not truly
courts of law A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...
: even though they attempt to give off the appearance as such, they are merely forms of arbitration. Such shows include ''
The People's Court ''The People's Court'' is an American Court show#Arbitration-based reality court show, arbitration-based reality court show, featuring an arbitrator handling small claims court, small claims disputes in a simulation, simulated courtroom set. W ...
'', ''
Judge Judy ''Judge Judy'' is an American arbitration-based reality court show presided over by former Manhattan Family Court Judge Judith Sheindlin. The show featured Sheindlin as she adjudicated real-life small-claims disputes within a simulated court ...
'', ''
Judge Joe Brown ''Judge Joe Brown'' is an American arbitration-based reality court show starring former Shelby County, Tennessee criminal court judge Joseph B. Brown. The series premiered on September 14, 1998 and ended on May 22, 2013 for a total of 15 s ...
'', ''
Judge Mathis ''Judge Mathis'' is an American Court show#Arbitration-based reality court show, arbitration-based reality court show presided over by Judge Greg Mathis, a former judge of Michigan's 36th Michigan district courts, District Court and African Ame ...
'', etc., all of which feature retired judges as the arbitrator.See :Court shows


See also

*
Allocation questionnaire An allocation questionnaire is a form used in English language, English legal practice. After a claim is made, if a defence is filed each party is required to complete and return an allocation questionnaire to the court so that the judge may prope ...
– form used in English civil courts to decide whether to allocate a case to the small-claims track *
Amount in controversy Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular cou ...
*
De minimis ''De minimis'' is a legal doctrine by which a court refuses to consider trifling matters. The name of the doctrine is a Latin expression meaning "pertaining to minimal things" or "with trifles", normally in the terms ("The praetor does not conce ...


References

{{DEFAULTSORT:Small Claims Court Courts by type