preview

The Small Claims Procedure Essay

Decent Essays

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 …show more content…

The system is still largely used by small businesses chasing debtors, rather than by the individual consumer for whom it was set up. A consultation paper was issued in 1995 suggesting that, in limited cases; the judge might be given the power to award an additional sum of up to £135 to cover the cost of legal advice and assistance in the preparation of the case. I think this idea would really be useful for claimants, and this would give a huge encouragement to the claimants to come to the court. Especially for those who cannot actually afford to hire their own lawyer.

Either party may have a lawyer to represent him or her, but this is discouraged by the fact that the winning party cannot claim back the cost of using a lawyer form the other party, but will have to pay his own legal expenses. Instead of having a lawyer, the claimant or the defendant may have a 'lay representative', that is, a non-legally qualified person, with him or her at the hearing to help to put the case.

The system is meant to be quick, but there can still be delays. Although the intention is that the case should only go to court once, there may be several hearings because one of the parties is not ready; for example, they have

Get Access