HOUSE BILL REPORT

SSB 5943

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Williams, Kiskaddon, Conner and Anderson)

Revising provisions on the small claims department of district court.

House Committe on Judiciary

Majority Report:  Do pass.  (14)

      Signed by Representatives Armstrong, Chair; Appelwick, Belcher, Brough, Hargrove, P. King, Lewis, Locke, Moyer, Padden, Patrick, Schmidt, Scott and Wineberry.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Crane, Vice Chair; Meyers and Wang.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE MARCH 6, 1988

BACKGROUND:

Small claims courts in Washington are organized as a distinct department of the district court.  The primary object of small claims courts is to simplify the court process for a specified range of smaller civil disputes.  Proceedings for small claims courts are generally conducted in an informal manner without formal pleadings and attorney involvement.  Small claims courts presently have jurisdiction, but not exclusive, in cases for the recovery of money where the amount claimed does not exceed $1,000.  No appeal is permitted from a judgment of the small claims department where the amount claimed was less than $100, nor is any appeal permitted by a party who files a claim or counterclaim.  An appeal by a defendant in a small claims case is by trial de novo in superior court.

SUMMARY:

The jurisdiction of small claims court is increased to $2,000.

The current restrictions on the right to appeal apply only where the amount claimed was less than $1,000.  Where the amount claimed is over $1,000, the right of appeal to a de novo review in district court is provided to plaintiffs and cross-claimants.  The right of appeal to a de novo review in superior court is afforded defendants in all cases where the amount claimed was $100 or more.

The Administrator for the Courts in conjunction with the Magistrates Association must prepare a model brochure on small claims court procedures and disseminate it to all small claims departments in the state.  This informational brochure is to be made available to all parties in any small claims action.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Senator Gary Nelson; Gary Smith, Independent Business Association; M. L. Cole.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Small claims court is sometimes the only place people with minor complaints can seek judicial assistance.  The current limit of $1,000 excludes cases which attorneys are not usually willing to take.

House Committee - Testimony Against:      None Presented.