Criterion - April 13-19, 2002
Washington, D.C. HALT—An Organization of Americans for Legal Reforms, has released its Small Claims Report Card for the fifty states and the District of Columbia.
New York tied in rank for 13th out of 47 jurisdictions with small claims courts. With a dollar limit of $3,000 only nine states have lower dollar limits. One of the least expensive places to bring a small claims case, with an average filing fee of $10, which includes service of the complaint on defendants. One of six jurisdictions in which one of the ten surveyed counties offered extended courtroom hours. While New York does not mandate mediation, most of its counties offer a free option mediation program. Half of the counties surveyed in New York, offer extended courtroom hours.
“New York’s small claims dollar limit is so low, that it restricts access to small claims courts to the most trivial of cases. Everyday, people have disputes over amounts five times greater than those allowed in New York’s small claims courts, but have no means of resolving them without the prohibitive cost of hiring an attorney,” stated Tom Gordon, HALT’s Associate Counsel.
Data for the survey was collected by a telephone survey of a sampling of small claims courts in the four largest counties and six other randomly selected counties in each state. The survey was conducted over four months in the late 2001. Half of a state’s grade came from the amount and type of relief its small claims courts offered and half came from the ease of access to the courts.
Small claims courts—which use simplified procedures, require plain English, provide consumer aides and often prohibit lawyers—have tremendous promise as a means of empowering ordinary people to take charge of their own routine legal needs.
A copy of the small claims report card is available from HALT upon request and at www.halt.org.
Founded in 1978, HALT is the oldest and largest consumer legal reform group in the U.S., with 50,000 members. HALT is dedicated to helping all Americans handle their legal affairs simply, affordably, and equitably. HALT is known for its extensive collection of self-help books and its advocacy to hold the legal profession accountable.
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