A Comprehensive Analysis of Small Claims Court Procedures

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This report provides an analysis of small claims courts, focusing on their role in resolving civil disputes. The author discusses the purpose of these courts, highlighting their efficiency in handling minor disputes and the advantages of quicker resolutions. The report also examines the monetary limits of claims, the impact of legal representation, and the fees associated with filing claims. Furthermore, the report explores the benefits and drawbacks of using small claims courts, including limitations on the total amount that can be claimed. The bibliography includes sources related to legal representation and court procedures. The report also addresses the benefits and drawbacks of the small claims court system.
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Running head: CRIMINAL & CIVIL LAW
IMPACT OF SMALL CLAIM COURT
Name of the Student
Name of the University
Authors Note
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1CRIMINAL & CIVIL LAW
Response- 1
Court proceedings are time taking the matter. Especially, disputes related to property
involves a lengthy process. To prevent this problem small claims court are established so that
minor disputes can be resolved quickly. And investigation, discovery and settlement are not
necessary in case of minor disputes.
Response- 2
I just want to describe that previously the small claims courts deal with those cases which
involve less money but the amount of the dispute varies from one state to another. For instance,
previously the small claims courts deal with those matters which involve $1000 or less than
$1000 as a dispute. Recently, the monetary amount of the small claim court has been increased
from $1000 to $25,000. The increase of money is indeed static but it is also important to keep in
mind the purpose of the small claim court. This court aims to deal with only those matters which
involve less money but $25,000 is not a small amount. Moreover, another purpose of these courts
is to provide proper judgment quickly. Disputes involving small amounts are assumed to be less
complicated. It is important to cooperate with society without overlooking the purpose of the
small claims court.
Regarding the lawyers of the small claim courts I want to describe that although some
countries exclude lawyers from appearing on behalf of clients in small claims courts, most
countries allow parties to be represented by lawyers. If the matter of dispute does not take too
many days to justify the cost, a party can appoint a lawyer in the small claims court to defend
him or her.
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2CRIMINAL & CIVIL LAW
Response- 3
The purpose of the court is not only to resolve minor disputes, but another purpose of
these courts are also to resolve the dispute quickly. However, the main disadvantage of this kind
of court is if the matter of dispute involves more than $1500 then a small amount of fees needs to
be paid. Moreover, to get the benefit of this court the sum of money said by a person cannot be
split into different cases. For instance, $50,000 cannot be split into a $35,000 claim and a
$15,000 claim in such a way that the total sum is charged in two cases. Thus, small claim court is
not advantageous for those who are seeking a lump sum of money.
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3CRIMINAL & CIVIL LAW
Bibliography
Poppe, E.S.T. and Rachlinski, J.J., 2015. Do Lawyers Matter: The Effect of Legal Representation
in Civil Disputes. Pepp. L. Rev., 43, p.881.
Tracy, K. and Craig, R.T., 2019. Decision announcements in small claims court: A recurring
judge dilemma. Language and Dialogue, 9(1), pp.65-83.
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