WTOP Radio (Washington, DC) - June 23, 2004
If you are thinking of turning to your area's small claims court for resolution of a consumer problem, then there's one web page you should check out first.
HALT, an Organization of Americans for Legal Reform, has done a study on small claims courts around the country. Each jurisdiction was graded from "A" to "F", grading them in six categories including dollar limits on claims, self-help, and convenience. Unfortunately, no state received a top grade, but several received failing grades. To see how your area stacks up, go to halt.org, enter small claims report card in the search function.
You will get a map of the United States, then click on a state to find out detailed information about its system's good and bad points. The site includes basic information such as the maximum dollar amount of a claim and whether you are permitted to use an attorney. You will also find self help resources that will guide you through the small claims court process.
How does your small claims court measure up to the rest of the country?
Small claims courts are the only place in the civil justice system where people can resolve common disputes without an attorney. But according to HALT, the 2004 Small Claims Report Card illustrates that these courts cannot function as true people's courts until lawmakers implement meaningful reforms.
Grades varied from the "B" range for top-ranked Georgia and three other states, to failing marks for Delaware, Kentucky, Mississippi and Missouri. No state received an "A". How did our area fare? Maryland and the District of Columbia received a "C" and Virginia received a "D" grade.
One of the major reasons for the low grades in all three jurisdictions is the dollar limit placed on the court. In Maryland and the District, the limit is $5,000. Unfortunately, these low limits shut out many people from using this means of consumer redress. HALT advocates a $20,000 limit on claims.
In addition, the study found that Maryland lacks small claims advisors to help people navigate the system. The District was commended for its sessions on Wednesday nights and Saturday mornings, making it easy for people to attend court without missing work. But, its low dollar limit has not kept pace with the cost of living in a major city.
Virginia's limit of $2,000, one of the lowest in the country, and its lack of advisors to help people use the small claims system contributed to its low ranking.
If you want to check out the laws governing your area's system then click on legal information clearing house. This part of the site lists any special provisions, whether the case can be transferred out of the small claims system and lots of other good info.
To reach Call for Action, a national network of consumer hotlines, call Tue-Fri from 11am-1pm at 301-652-HELP or visit http://www.callforaction.org.
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