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HALT in the News
Washington State Makes Small Claims Collection Process Easier
At Legal Consumer Group's Urging, Governor signs Legislation to Improve Value of Small Claims Courts
March 24, 2004

Contact: Contact Kristin Weber at 202/887-8255, kweber@halt.org

Washington, DC—On March 22, Washington Governor Gary Locke signed into law a reform bill that will increase access to the legal system for Washington's citizens. House Bill 1572, which passed the state Senate at the urging of legal consumer group HALT, will drastically improve the collections process for small claims court.

"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. "This legislation will prevent people from winning a moral victory and still suffering a financial loss."

When the legislation takes effect on June 10, 2004, it will require losing defendants in small claims court to pay for the cost of collecting the judgment if they do not pay the winning party within 30 days. The law will provide additional incentive for losing parties to pay on time and will also allow plaintiffs to hire collection agents to help them get the money to which they are entitled.

Small claims courts, which use simplified procedures and require plain language, 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. For routine legal disputes, small claims courts provide a valuable alternative to costly and complex litigation in higher courts. Without measures providing for a painless collection process, however, the potential of small claims court is stifled.

HALT, who supported the legislation's sponsors, urged the state's legislature to act on the bill so it would not languish in committee. With HALT's support, the bill passed the Senate on March 4. While HALT applauds Washington's commitment to improving its small claims court, further reform is still needed to ensure full access to these courts. HALT's Small Claims Reform Project also pursues raising the dollar limits for small claims courts, which are prohibitively low in most states, to $20,000; authorizing small claims judges to issue court orders; expanding small claims dispute resolution programs; implementing protections for non-lawyer litigants; and making small claims courts more user-friendly by requiring longer hours of operation and the availability of easy-to-read forms and instructions.

Founded in 1978, HALT—An Organization of Americans for Legal Reform is a nonpartisan, nonprofit 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.