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At some time in his life almost every individual is a victim of circumstances which would justify his taking another person to court. In "most cases, litigation is impractical because the cost of going to court will be more than the sum involved.
Most states recognize the frustrating problem presented by these situations. For many years they attempted to settle the problem through the justices of the peace system. In general, this system proved to be a failure, because it was disorganized and because untrained individuals often presided over the proceedings.
The small claims court provided an answer. The purpose of the small claims court system is to provide a friendly solution for the litigation of cases that have high personal importance but involve little money.
A qualified judge presides over most small claims court proceedings. All such courts have jurisdictional limits, for example, the limit in the district of Columbia is
$ 750. Instead of the usual court costs, there is only a nominal filing fee of one or two dollars.
The most economical aspect of the system is that a party doesn't need to consult a lawyer. The form used to file a claim is simple. A knowledge of legal terms is unnecessary. The plaintiff - the person who starts the legal action - merely describes in his own words the basis of his claim against the defendant. If the individual requires assistance, the clerk of the court can provide it.
At the start of the hearing, the person who filed the suit, or plaintiff tells his story to the judge. The judge and the defendant can ask the plaintiff questions. Next, witnesses relate their stories. If the defendant believes he is not responsible for the claim, he tells his side of the story. The judge and the plaintiff can ask questions of the defendant and his witnesses. After the judge has listened to both sides of the story, he makes his determination based on substantial justice.
Thus, the small claims court allows the individual to have his day in court without costs, without the need of a lawyer (although in most states he may have one if he desires), and without becoming involved in the technical procedures that normally govern a legal proceeding.