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Small-claims court can take on higher-cost disputes
Lawrence Journal-World (Lawrence, KS) - August 1, 2004

By Eric Weslander

Small claims just got bigger.

A new state law more than doubles the dollar amount Kansans can seek in small-claims court, an attorney-free process akin to "The People's Court" television show that settles financial disputes about subjects ranging from rent to Medieval short swords.

As of July 1, the maximum judgment people can seek is $4,000, up from $1,800, what had been the third-lowest cap in the country. The change will let the little guy resolve bigger disputes without having to get an attorney and file a more formal civil action.

"I think that would be great because you can get more money," said Jim Copeland, of Manhattan, who appeared Thursday in Douglas County's small-claims court seeking $1,800 from another driver in a 2002 auto wreck. Copeland said he probably would have asked for more money had the cap been higher when he filed his case.

The new law, Senate Bill 317, was supported by business groups such as the Kansas Chamber of Commerce. The state bar association opposed the law.

This spring, before the law took effect, Kansas' small-claims laws earned a "D" grade from HALT, a national legal-reform organization based in Washington, D.C.

"Kansas' small-claims courts may be sufficient for resolving disputes over stained dry cleaning, but those with larger matters are out of luck," HALT senior counsel Tom Gordon said at the time.

Ten states allow small claims cases of $7,500 or more, including Colorado and New Mexico, according to the group's figures. HALT is pushing for a $20,000 cap nationwide.

State Rep. Paul Davis, D-Lawrence, voted for the bill even though he thought $3,000 was a more reasonable cap. He opposes raising the limit to $20,000.

"When those kinds of dollars are at stake, the potential for people to be taken advantage of can occur," he said.

Douglas County's version of Judge Wapner is Jim George, a Lawrence attorney who holds court every Thursday morning at the Judicial & Law Enforcement Center, 111 E. 11th St.

"The procedures are really easy," he said. "I just tell them, 'Tell me your story,' basically, and I separate the wheat from the chaff as I go."

There have been about 175 small-claims cases filed in Douglas County so far this year. Recent cases included an unpaid car-rental bill, a refrigerated package allegedly left unrefrigerated by a shipping company, and furniture broken by a moving company. There's also the case of a Lawrence man who claimed a Missouri man stole his design for a knife and marketed it online as a "Damascus Medieval Short Sword."

He lost.

So far, only a handful of people have filed actions for more than $1,800. The new law only applies to cases filed after July 1.


Thad Allender/Journal-World Photo
Jim George, Lawrence, swears in a defendant in small-claims court at the Judicial & Law Enforcement Center, 111 E. 11th St. The dollar amount for small-claims cases in Kansas was increased from $1,800 to $4,000. George tended court on Thursday.