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Contact: Contact Kristin Weber at 202/887-8255, kweber@halt.org
Washington, DC—This week HALT, the nation's oldest and largest legal reform group, voiced its support of two proposals before the California Judicial Council. The proposals-one to accelerate the collection of a monetary judgment for prevailing litigants and the other to implement easy-to-understand court forms-represent reforms that would improve access to and convenience in California's small claims court system.
The California Judicial Council is considering repealing a 10-day time delay between a small claims judgment and enforcement proceedings. In its letter to the council, HALT called the measure a tremendous step toward speeding the collection process.
"All too often, a successful small claims litigant leaves court thinking she has won, only to realize her real battle is still ahead of her," says HALT Senior Counsel Thomas M. Gordon. "By speeding the process, California would prevent people from winning a moral victory and still suffering a financial loss."
In the other proposal, the council is weighing the implementation of easy-to-understand forms in small claims courts. Plain-language forms, HALT said, are especially important for small claims litigants, who often represent themselves and find the system confusing.
Small claims courts have tremendous promise as a means of empowering ordinary people to take charge of their own routine legal needs. According to the American Bar Association, 38 million low- and moderate-income Americans are shut out of the legal system each year because they simply cannot afford to hire a lawyer. Small claims courts represent one solution to this inaccessibility crisis by providing a valuable alternative to costly and complex litigation in higher courts. Without user-friendly reforms like those the council is considering, the potential of small claims court is stifled.
While supporting the pending proposals, HALT advised that further reform is still necessary. HALT encouraged the council to support legislation that would increase California's small claims jurisdictional limit from $5,000 to $10,000-a proposal for which is currently languishing before the California Law Review Commission. Raising the ceiling on small claims would allow these courts to resolve a wider range of disputes. By adopting plain-language forms, abbreviating the collection process and increasing the small claims jurisdictional limit, California lawmakers can ensure that the California small claims systems remains the standard to which other states aspire.
Earlier this month, HALT released its 2004 Small Claims Report Card, grading all 50 states and the District of Columbia on their small claims courts. While California's score was second best in the nation, its "B" grade leaves room for improvement.
Founded in 1978, HALT—An Organization of Americans for Legal Reform is a non-partisan, non-profit public interest organization. HALT pursues an ambitious education and advocacy program that challenges the legal establishment to improve access and accountability and reduce costs in the civil justice system. Please visit www.halt.org for more information.
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