NCJ Number
81703
Date Published
1980
Length
133 pages
Annotation
Findings are presented from an assessment of California's monetary jurisdiction experiment, which was designed to determine the desirability of increasing the maximum allowable claim in small claims court and the impact of any change on litigants and the courts.
Abstract
Small claims court represents the primary judicial forum in California for resolving consumer and other minor civil disputes. In order to improve the operation of small claims court and increase accessibility, two experiments have been conducted over the last 3 years under the auspices of the Small Claims Court Experimental Project. The evidence indicates that the increase in the small claims jurisdiction to $1,500 in six courts around the State operated principally to the benefit of individuals, particularly plaintiffs. A significant increase in the percentage of persons who brought cases over $750 occurred, while the percentage of business and government creditors declined. Both plaintiffs and defendants believe the jurisdiction should be substantially higher than the current $750 limit, and both groups reported that at least $1,500 or more would have to be in controversy before they would seek legal assistance. Defendants also fared reasonably well during the experiment. The percentage of individual defendants decreased in cases above $750; defaults were reduced; and defendants prevailed more frequently in contested cases. With the opportunity afforded for any litigant to seek legal and procedural counseling regarding his/her case, the program operated -- in the view of court staff, judges, and the public -- to provide a higher quality of justice. Legislation bearing upon small claims court is provided, along with materials and evaluation instruments used in the experiments. Thirty-one footnotes are listed. (Author summary modified)