SENATE BILL REPORT

ESB 5943

BYSenators Nelson, Williams, Kiskaddon, Conner and Anderson

Revising provisions on the small claims department of district court.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 29, 1987; February 20, 1987; January 28, 1988; January 29, 1988

Majority Report:  That Substitute Senate Bill No. 5943 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Niemi, Talmadge.

Senate Staff:Cliff Petersen (786-7457)

                  February 1, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 29, 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.

EFFECT OF PROPOSED SUBSTITUTE:

The right of appeal to a de novo review in superior court is provided to plaintiffs and cross-claimants where the amount claimed is over $1,000.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Judge James Heller, Washington Magistrates Association; Merwin Cole, Senior Rights Assistance