Chattanooga Times Free Press - May 9, 2004
By Brian Lazenby
Small claims courts in Tennessee and Georgia received some of the highest grades in the nation in categories ranging from convenience to collections, according to survey results released last week.
Georgia's small claims courts received the highest score in the nation, and Tennessee courts ranked sixth in the study by a division of the Washington-based nonprofit organization Americans for Legal Reform.
The organization surveyed small claims courts in each state and assigned weighted grades in various categories. The group surveyed dollar amounts plaintiffs are allowed to sue for; convenience to the public; whether the courts have systems in place to assist litigants and whether mediation is available; whether the court helps successful plaintiffs collect judgments. The survey also reviewed whether the court has the power to order a defendant to take or cease an action as opposed to a monetary judgment.
Tom Gordon, senior counsel to the organization, said the study will be used to help make changes in the court system.
"We are always working with state legislatures to improve the small claims court system," he said. "We will use this report to continue trying to make improvements."
Hamilton County General Sessions Court Judge Bob Moon said improvements still can be made.
"I am very pleased with the high evaluation of our court, but any judicial system that is not constantly trying to improve itself is dying," he said.
According to the survey results, Tennessee received an "A" in the area of dollar limits, due in part to the state's $15,000 jurisdictional limit, which is one of the highest in the country.
Mr. Gordon said the area of dollar limits, which counted toward 40 percent of the total score, is one of the most important.
"Tennessee has always been a state we hold up as an example because of its high dollar limit," he said.
However, survey results indicated Tennessee small claims courts scored poorly because they are not convenient for the public, don't offer adequate assistance to successful plaintiffs and don't give judges the authority to make anything other than monetary judgments.
Court records indicate 13,634 cases were filed in the civil division of Hamilton County General Sessions Court last year. Only 114 were appealed to a higher court.
Like Tennessee, Georgia also has $15,000 jurisdictional limits in its small claims courts, called magistrate courts, but the study indicated Georgia needs to employ advisers to help litigants navigate the small claims court system.
Marla Moore, associate director of court services for the Georgia Administrative office of courts, said Georgia's magistrate courts recently underwent several changes in order to improve efficiency.
Walker County, Ga., Chief Magistrate Judge Jerry Day, who also is president of the Georgia Council of Magistrate Judges, said he is pleased Georgia ranked highest in the nation, but there are plenty of areas where changes are needed.
"Georgia has a very fragmented court system compared to other states," he said.
E-mail Brian Lazenby at blazenby@timesfreepress.com
FAST FACT:
Small claims courts are generally informal courts where civil suits are filed for small amounts, often without a lawyer. Small claims suits can be filed for up to $15,000 in Tennessee General Sessions Court and Georgia Magistrate Court.
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