Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.
Purpose and operation
The jurisdiction of small-claims courts typically encompasses private disputes that do not involve large amounts of money. The routine collection of small debts forms a large portion of the cases brought to small-claims courts, as well as evictions and other disputes between landlords and tenants, unless the jurisdiction is already covered by a tenancy board.
A small-claims court generally has a maximum monetary limit to the amount of judgments it can award, often in the thousands of dollars/pounds. By suing in a small-claims court, the plaintiff typically waives any right to claim more than the court can award. The plaintiff may or may not be allowed to reduce a claim to fit the requirements of this venue. 'Court shopping'—where a plaintiff reduces the damage claim amount to have a trial in a court that otherwise does not have jurisdiction—is strictly forbidden in some states. For example, if a plaintiff asserts damages of $30,000 in hopes of winning an award of $25,000 in small-claims court, the court dismisses the case because the court does not have jurisdiction to hear cases in which asserted damages exceed the court's maximum amount.
Thus, even if the plaintiff is willing to accept less than the full amount, the case cannot be brought to small-claims court. To bring the case to small-claims court, the plaintiff must prove that actual damages are within the court's jurisdiction. In some jurisdictions, a party who loses in a small-claims court is entitled to a trial de novo in a court of more general jurisdiction and with more formal procedures.
The rules of civil procedure, and sometimes of evidence, are typically altered and simplified to make the procedures economical. A usual guiding principle in these courts is that individuals ought to be able to conduct their own cases and represent themselves without a lawyer. Rules are relaxed but still apply to some degree. In some jurisdictions, corporations must still be represented by a lawyer in small-claims court. Expensive court procedures such as interrogatories and depositions are usually not allowed in small-claims court, and practically all matters filed in small-claims court are set for trial. Under some court rules, should the defendant not show up at trial and not have requested a postponement, a default judgment may be entered in favour of the plaintiff.
Trial by jury is seldom or never conducted in small-claims courts; it is typically excluded by the statute establishing the court. Similarly, equitable remedies such as injunctions, including protective orders, are seldom available from small-claims courts.
Separate family courts may exist to hear simple cases in family law. For reasons having more to do with history than with the sort of case typically heard by a small-claims court, most US states do not allow domestic relations disputes in small-claims court.
Winning in small-claims court does not automatically ensure payment in recompense of a plaintiff's damages. This may be relatively easy, in the case of a dispute against an insured party, or extremely difficult, in the case of an uncooperative, transient, or indigent defendant. The judgment may be collected through wage garnishment and liens.
Most courts encourage parties with disputes to seek alternative dispute resolution, if possible, before filing suit. For example, the Superior Court of California, Santa Clara provides guidelines for resolving disputes out of court. Both parties can agree on arbitration by a third party to settle their dispute outside of court.
History
The Mayor's and City of London Court is the successor to the several medieval courts in the City of London, one being the Court of Conscience for recovery of small debts. This was a type of equity court. A similar Court of Conscience was established by charter in some ancient boroughs in Ireland; this was emulated in others, without legal sanction until regularised by the Municipal Corporations (Ireland) Act 1840.
By region
Australia Small claims are handled differently by each state and territory, with most relying on tribunals while others have a minor claims division of their respective magistrates court: Australian Capital Territory: ACT Civil and Administrative Tribunal has jurisdiction over civil disputes involving amounts up to $25,000 New South Wales: The Small Claims Division of the Local Court of New South Wales hears civil claims up to $20,000, while the General Division hears civil disputes between $20,000 and $100,000 in value. Northern Territory: Northern Territory Civil and Administrative Tribunal has jurisdiction over small claims, which involve amounts up to $25,000 Queensland: Queensland Civil and Administrative Tribunal deals with minor civil disputes, which involve amounts up to $25,000 South Australia: Magistrates Court of South Australia hears a minor claim, which is up to $25,000 in value Victoria: Victorian Civil and Administrative Tribunal Western Australia: Magistrates Court of Western Australia hears a minor case, which involves a claim up to $10,000
Belgium
In Belgium, the justices of the peace (, , ) function as the small claims courts in the country's judicial system; they stand at the bottom of the Belgian judicial hierarchy and only handle civil cases. There is a justice of the peace in each judicial canton of Belgium, of which there are 187 in total as of 2017. The justices of the peace have original jurisdiction over cases in which the disputed amount does not exceed 5,000 euro (as of September 2018), except for the matters over which another court or tribunal has exclusive jurisdiction. In addition, the justices of the peace have original jurisdiction over a number of matters irrespective of the disputed amount, such as cases involving the renting or leasing of real estate, evictions, easement, land consolidation, consumer credit or unpaid utility bills. The justices of the peace also have original jurisdiction in certain aspects of family law, most notably legal guardianships for incapacitated seniors, and the involuntary commitment of the mentally ill to psychiatric facilities. The judgments made by the justices of the peace can, with some exceptions, be appealed to the tribunals of first instance.
Brazil Small claim courts in Brazil were established by Law No. 9,099/1995 and Article One of such law states that they shall be organized by both Federal Judiciary and State Judiciary. Therefore, there are Federal Small Claim Courts (single noun Juizado Especial Federal), as well as Small Claim Courts that are part of a state's judiciary structure. The Small Claim Courts that belong to a State's Judiciary are subdivided into two types of courts: the Special Civil Court (Juizado Especial Cível, shortened as JEC) and the Special Criminal Court (Juizado Especial Criminal, shortened as Jecrim). Under Article Three of Law No. 9,099/1995, Civil Claims involving an amount up to 40 (forty) monthly minimal wages or R$24,880.00 (October 2012), which correspond to roughly US$12,440.00, may be filed before a Special Civil Court, as well as small claims involving landlords and some claims set by Article 275, II, of the Code of Civil Procedure. Special Criminal Courts, on the other hand, may process claims involving small criminal offences, which, under Article 60 of Law No. 9,099/1995 are those either set by the Contraventions Law (Decree No. 3,688/1941) or those where the penalty does not surpass 02 (two years). As per Article 54, there are no court fees for the Small Claim Courts. However, if an appeal is filed, court fees shall be applied.
Canada All provinces have procedures for small claims in Canada. In general, there are two different models. In most provinces, including British Columbia, Alberta, and New Brunswick, small-claims courts operate independently of the superior courts. In other jurisdictions, the small-claims court is a branch or division of the superior court. In Ontario, the Small-Claims Court is a branch of the Superior Court of Justice, and in Manitoba, the Small-Claims Court is under the jurisdiction of the Court of the King's Bench.
Small-claims cases are heard by judges of the Provincial Court in British Columbia, Alberta, and Saskatchewan, by judges or deputy judges of the Superior Court of Justice in Ontario, and by Hearing Officers in Manitoba.
Small-claims courts are meant to provide an easier and less expensive path to resolve disputes than the higher courts. Small-claims court procedure is regulated both by provincial legislation and rules in most provinces. The small-claims procedure is simplified with no strict pleadings requirements and no formal discovery process, and parties' costs may be limited.
Monetary limits for small-claims courts in Canada vary by province: ProvinceLimit (CA$)Details$50,000The Alberta Court of Justice hears civil claims up to $50,000. Any claims exceeding this amount must be heard in the Court of King's Bench of Alberta.$35,000In most cases, the Small Claims Court of the Provincial Court of British Columbia hears cases from $5,001 to $35,000. , claims of less than $5,000 have been heard in the Civil Resolution Tribunal. Claims of over $35,000 are brought before the Supreme Court of British Columbia.$10,000The Small Claims Court of the Manitoba Court of King's Bench adjudicates claims up to $15,000.$20,000The New Brunswick Small Claims Court hears claims up to a limit of $20,000. The limit was raised to its current amount on 1 April 2018, and was previously raised from $6,000 to $12,500 in 2013.$25,000The Provincial Court of Newfoundland and Labrador hears civil claims up to $25,000.$25,000The Nova Scotia Small Claims Court resolves claims to a maximum of $25,000.$50,000The monetary limit to recover damages or personal property up to $50,000.$15,000The Court of Quebec's Small Claims Division hears claims up to $15,000.$30,000Claims in the Small Claims Court of the Provincial Court of Saskatchewan cannot exceed $30,000 in value.
In general, disputes involving title to land, slander, libel, bankruptcy, false imprisonment, or malicious prosecution must be handled in a superior court and cannot be determined in small-claims courts.
European Union A European Small Claims Procedure for cross-border claims under the Brussels regime as an alternative to national procedures was established on 1 January 2009, processing claims with values up to 2,000 EUR,Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31 July 2007, p. 1–22 ) increased to 5,000€ on 14 July 2017Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure (OJ L 341, 24 December 2015, p. 1–13 ) and current . Denmark is the only EU country that is not subject to this procedure.
Hong Kong