With millions of Americans shut out of the legal system simply because they cannot afford to hire a lawyer, small claims courts provide a place to resolve common legal problems without the expense of a lawyer or the hassle of complex litigation. Unfortunately, as HALT - An Organization of Americans for Legal Reform's 2004 Small Claims Report Card reveals, these courts are not making the grade.

HALT found, in state after state, many courts failing to provide consumer aids, require plain English and simple procedures, and prohibit lawyers. And in the overwhelming majority of states, dollar limits on small claims -- as low as $1,500 in some states -- limit small claims courts to settling only disputes of minor value.

Wisconsin is no exception. In HALT's report card, Wisconsin received a "C-plus" grade. With a dollar limit of $5,000, consumers or small businesses with disputes worth more than that have two choices: hire a lawyer and bring the claim in a regular trial court, or forfeit the amount of the claim in excess of 5,000 to fit under the small claims cap. Neither option is appealing.

Low dollar limits like Wisconsin's leave people stuck in a legal no-man's land, with a problem worth more than $5,000, but not worth enough to justify the expense of hiring a lawyer. Furthermore, none of the Wisconsin courts surveyed by HALT employ small claims advisors, court employees whose primary job is to help people navigate the small claims system.

This report card should serve as a wake-up call to the state Legislature and to responsible members of the bench and bar. Wisconsin's poor grade underscores the need to enact meaningful reforms. HALT advocates an increase in the small claims jurisdictional limit to $20,000, which would allow Wisconsin small claims courts to hear more than just disputes of nominal value.

And Wisconsin's small claims courts must become more user-friendly, accessible alternatives to traditional litigation. Suggestions include granting small claims judges the power to issue court orders in addition to monetary damages, expanding small claims dispute resolution programs and expanding services such as small claims advisors and evening and weekend hours. Small claims court can become a place where Wisconsinites can resolve their legal disputes simply, affordably and equitably.

HALT's 2004 Small Claims Report Card, along with an explanation of grading procedures and a summary of findings, is available on the Internet at www.halt.org

*Gordon is senior counsel of HALT - An Organization of Americans for Legal Reform, a Washington, D.C., nonprofit public interest group that works to increase accessibility and accountability within the civil justice system.