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Most Americans have no idea where to begin in filing a suit in small
claims. As a result, people are not adequately informed of the options
available to them to resolve their legal matters. Many believe they cannot
resolve their legal disputes in court without an attorney. Many are also
not aware of their rights. Even people who are aware of small claims
courts as an alternative to handling simple legal matters are not
comfortable bringing suit.
Implementing a program that puts small claims advisors into every small
claims court can greatly demystify and enhance the usefulness of small
claims courts. In California's innovative Small Claims Legal Advisor
Program, each county is required to provide individual assistance and free
advice to small claims litigants. This program employs advisors who help
people through the small claims process by helping them prepare for trial,
providing them with informational materials, referring them to other
appropriate agencies and programs (particularly mediation programs, if
available), and by acting as their guides and teachers. The California
Small Claims Legal Advisor Program was established by law and is funded
from small claims filing fees. HALT is working to increase the number of
jurisdictions around the country that provide guidance to consumers about
how to file a small claims court claim.
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