View source for Small claims court

{{Use dmy dates|date=May 2023}}
{{Short description|Court with limited jurisdiction}}
{{redirect|Small Claims|the Australian television film|Small Claims (TV film)}}

'''Small-claims courts''' have limited jurisdiction to hear [[Civil law (common law)|civil]] cases between private [[litigant]]s. 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 [[Law of Australia|Australia]], [[Law of Brazil|Brazil]], [[Law of Canada|Canada]], [[English Law|England and Wales]], [[Law of Hong Kong|Hong Kong]], [[Law of the Republic of Ireland|Ireland]], [[Israeli law|Israel]], [[Greece]],
[[Law of New Zealand|New Zealand]], [[Philippines]], [[Scots Law|Scotland]], [[Law of Singapore|Singapore]], [[Law of South Africa|South Africa]], [[Law of Nigeria|Nigeria]] and the [[Law of the United States|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 [[debt]]s forms a large portion of the cases brought to small-claims courts, as well as [[eviction]]s and other disputes between [[landlord]]s and [[leasehold estate|tenants]], unless the jurisdiction is already covered by a tenancy board.

A small-claims court generally has a maximum [[currency|monetary]] limit to the amount of [[Judgment (law)|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{{vague|date=February 2018}}. 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 ''[[trial de novo|de novo]]'' in a court of more general jurisdiction and with more formal procedures.

The rules of [[civil procedure]], and sometimes of [[evidence (law)|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, [[corporation]]s 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 (law)|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, [[Equity (law)|equitable]] remedies such as [[injunction]]s, including protective orders, are seldom available from small-claims courts.

Separate [[family court]]s 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 [[lawsuit|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==
{{Expand section | 1 = examples and citations | small = no | date= August 2018 }}
{{anchor|Court of conscience}}<!--[[Court of conscience (debts)]] redirects here--> 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 borough]]s in [[Ireland]]; this was emulated in others, without legal sanction until regularised by the [[Municipal Corporations (Ireland) Act 1840]].<ref>{{cite journal |last = Hughes |first = J. L. J. |date = April 1959 |title = The Dublin Court of Conscience |jstor = 30102678 |journal = Dublin Historical Record |publisher = Old Dublin Society |volume = 15 |issue = 2 |pages = 42–49 : 42 }}</ref><ref>{{cite book |author = Commissioners Appointed to Inquire into the Municipal Corporations In Ireland |title = Report |url = https://books.google.com/books?id=YdVbAAAAQAAJ&pg=PA29 |year = 1835 |page = 29 |publisher = William Clowes for HMSO |location = London |access-date = 5 October 2017 |series = Sessional papers |archive-date = 10 March 2023 |archive-url = https://web.archive.org/web/20230310082827/https://books.google.com/books?id=YdVbAAAAQAAJ&pg=PA29 |url-status = live }}</ref><ref>{{Cite book |url = https://books.google.com/books?id=xJZFAAAAcAAJ&pg=PA642 |title = The Statutes of the United Kingdom of Great Britain and Ireland, 1 William IV. 1831 |first = Great |last = Britain |date = 10 March 1840 |publisher = Creative Media Partners, LLC |isbn = 9780469262102 |via = Google Books |access-date = 20 December 2017 |archive-date = 10 March 2023 |archive-url = https://web.archive.org/web/20230310082828/https://books.google.com/books?id=xJZFAAAAcAAJ&pg=PA642 |url-status = live }}</ref>

==By region==

===Australia===
Small claims are handled differently by each [[States and territories of Australia|state and territory]], with most relying on tribunals while others have a minor claims division of their respective magistrates court:<ref>{{Cite web |url = https://www.accc.gov.au/contact-us/other-helpful-agencies/small-claims-tribunals |title = Small claims tribunals |date = 11 December 2012 |publisher = [[Australian Competition & Consumer Commission]] |access-date = 5 July 2016 |archive-date = 28 June 2016 |archive-url = https://web.archive.org/web/20160628203419/http://www.accc.gov.au/contact-us/other-helpful-agencies/small-claims-tribunals |url-status = live }}</ref>
* Australian Capital Territory: [[ACT Civil and Administrative Tribunal]] has jurisdiction over civil disputes involving amounts up to $25,000<ref>{{cite web |title = Civil Dispute Applications – Guide to Applicants |url = https://www.acat.act.gov.au/application-type/civil_disputes_and_common_boundaries/civil_dispute_applications_-_guide_to_applicants |website = ACAT – ACT Civil and Administrative Tribunal |publisher = ACT Law Courts and Tribunal Administration |access-date = 11 May 2019 |language = en |date = 12 August 2017 |archive-date = 11 May 2019 |archive-url = https://web.archive.org/web/20190511041936/https://www.acat.act.gov.au/application-type/civil_disputes_and_common_boundaries/civil_dispute_applications_-_guide_to_applicants |url-status = dead }}</ref>
* 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.<ref>{{cite web |title = Civil cases |url = http://www.localcourt.justice.nsw.gov.au/Pages/cases/civil_cases.aspx |website = NSW Local Court |publisher =[[New South Wales Department of Justice]]|access-date = 11 May 2019 |language = en |date = 26 November 2014 |archive-date = 11 May 2019 |archive-url = https://web.archive.org/web/20190511041940/http://www.localcourt.justice.nsw.gov.au/Pages/cases/civil_cases.aspx |url-status = live }}</ref>
* Northern Territory: [[Northern Territory Civil and Administrative Tribunal]] has jurisdiction over small claims, which involve amounts up to $25,000<ref>{{Cite web| url=http://www.ntcat.nt.gov.au/documents/NTCAT%20Small%20Claims%20Factsheet.pdf | title=New arrangements for small claims matters | publisher=NTCAT | access-date=5 July 2016 | archive-date=16 September 2016 | archive-url=https://web.archive.org/web/20160916015347/http://www.ntcat.nt.gov.au/documents/NTCAT%20Small%20Claims%20Factsheet.pdf | url-status=dead}}</ref>
* Queensland: [[Queensland Civil and Administrative Tribunal]] deals with minor civil disputes, which involve amounts up to $25,000<ref>{{Cite web |url = http://www.qcat.qld.gov.au/matter-types/minor-civil-disputes |title = Minor civil disputes |date = 28 May 2020 |access-date = 5 July 2016 |archive-date = 12 July 2016 |archive-url = https://web.archive.org/web/20160712222432/http://www.qcat.qld.gov.au/matter-types/minor-civil-disputes |url-status = live }}</ref>
* South Australia: [[Magistrates Court of South Australia]] hears a minor claim, which is up to $25,000 in value<ref>{{Cite web |url = http://www.courts.sa.gov.au/RepresentYourself/CivilClaims/MinorClaims/Pages/default.aspx |title = $25,000 or less |access-date = 5 July 2016 |archive-date = 4 July 2016 |archive-url = https://web.archive.org/web/20160704194505/http://www.courts.sa.gov.au/RepresentYourself/CivilClaims/MinorClaims/Pages/default.aspx |url-status = dead }}</ref>
* 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<ref>{{Cite web | url=http://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_3.pdf | title=How to commence a minor case claim | archive-url=https://web.archive.org/web/20160229171553/http://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_3.pdf | archive-date=29 February 2016 }}</ref>

=== Belgium ===
{{Main|Justice of the peace (Belgium)}}

In [[Belgium]], the justices of the peace ({{langx|nl|vredegerecht}}, {{langx|fr|justice de paix}}, {{langx|de|Friedensgericht}}) function as the small claims courts in the [[Judiciary of Belgium|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 [[Cantons of Belgium|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 [[Subject-matter jurisdiction|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 [[Lease|leasing]] of [[real estate]], [[eviction]]s, [[easement]], [[land consolidation]], [[Credit|consumer credit]] or unpaid [[utility bill]]s. The justices of the peace also have original jurisdiction in certain aspects of [[family law]], most notably [[legal guardian]]ships for incapacitated seniors, and the [[involuntary commitment]] of the mentally ill to [[Psychiatric hospital|psychiatric facilities]]. The judgments made by the justices of the peace can, with some exceptions, be appealed to the [[Tribunal of first instance (Belgium)|tribunals of first instance]].<ref>{{Cite web |url = https://www.tribunaux-rechtbanken.be/nl/rechtbanken-hoven/vredegerecht |title = Vredegerecht |website = www.tribunaux-rechtbanken.be |publisher = College of the courts and tribunals of Belgium |language = nl |trans-title = Justice of the peace |access-date = 29 April 2019 |archive-date = 25 April 2019 |archive-url = https://web.archive.org/web/20190425211957/https://www.tribunaux-rechtbanken.be/nl/rechtbanken-hoven/vredegerecht |url-status = dead }}</ref><ref>{{Cite web |url = https://www.dekamer.be/kvvcr/pdf_sections/pri/fiche/en_22_00.pdf |title = Judiciary – Organization |date = 1 June 2014 |website = www.dekamer.be |series = Parliamentary information sheet № 22.00 |publisher = [[Chamber of Representatives (Belgium)|Belgian Chamber of Representatives]] |access-date = 29 April 2019 |archive-date = 22 October 2017 |archive-url = https://web.archive.org/web/20171022170329/https://www.dekamer.be/kvvcr/pdf_sections/pri/fiche/en_22_00.pdf |url-status = live }}</ref>

===Brazil===
Small claim courts in Brazil were established by Law No. 9,099/1995<ref>{{cite web |title = Law No. 9,099/1995 (in Portuguese) |url = http://www.planalto.gov.br/ccivil_03/leis/l9099.htm |access-date = 10 February 2012 |archive-date = 24 January 2012 |archive-url = https://web.archive.org/web/20120124210207/https://www.planalto.gov.br/ccivil_03/Leis/L9099.htm |url-status = live }}</ref> 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:
{|class="wikitable sortable"
!Province
!Limit ([[CA$]])
!class="unsortable"|Details
|-
|{{flag|Alberta}}
|$50,000
|The [[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]].<ref>{{cite web |url = https://www.albertacourts.ca/pc/areas-of-law/civil |title = Civil |publisher = [[Provincial Court of Alberta]] |access-date = 17 June 2020 |archive-date = 17 June 2020 |archive-url = https://web.archive.org/web/20200617222852/https://www.albertacourts.ca/pc/areas-of-law/civil |url-status = live }}</ref>
|-
|{{flag|British Columbia}}
|$35,000
|In most cases, the Small Claims Court of the [[Provincial Court of British Columbia]] hears cases from $5,001 to $35,000. {{as of|2017|06|01|since=y|df=us}}, claims of less than $5,000 have been heard in the [[Civil Resolution Tribunal]].<ref>{{cite web |url = https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims |title = Small Claims Court – Procedures & Fees |publisher = [[Government of British Columbia]] |access-date = 17 June 2020 |archive-date = 18 June 2020 |archive-url = https://web.archive.org/web/20200618175823/https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims |url-status = live }}</ref> Claims of over $35,000 are brought before the [[Supreme Court of British Columbia]].<ref>{{cite web |url = https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters |title = Small Claims Cases |publisher = [[Provincial Court of British Columbia]] |access-date = 17 June 2020 |archive-date = 17 June 2020 |archive-url = https://web.archive.org/web/20200617222949/https://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters |url-status = live }}</ref>
|-
|{{flag|Manitoba}}
|$10,000
|The Small Claims Court of the [[Manitoba Court of King's Bench]] adjudicates claims up to $15,000.<ref>{{cite web |url = http://www.manitobacourts.mb.ca/court-of-queens-bench/court-proceedings/small-claim-information-claims-filed-after-january-1-2015/ |title = Small Claim Information |publisher = [[Court of King's Bench of Manitoba]] |access-date = 17 June 2020 |archive-date = 18 June 2020 |archive-url = https://web.archive.org/web/20200618010932/http://www.manitobacourts.mb.ca/court-of-queens-bench/court-proceedings/small-claim-information-claims-filed-after-january-1-2015/ |url-status = live }}</ref>
|-
|{{flag|New Brunswick}}
|$20,000
|The 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.<ref>{{cite press release |url = https://www2.gnb.ca/content/gnb/en/news/news_release.2018.03.0324.html |title = Increase to monetary limit for small claims court coming April 1 |date = 28 March 2018 |location = [[Fredericton]] |publisher = [[Office of the Attorney General of New Brunswick]] |access-date = 17 June 2020 |archive-date = 18 June 2020 |archive-url = https://web.archive.org/web/20200618073655/https://www2.gnb.ca/content/gnb/en/news/news_release.2018.03.0324.html |url-status = live }}</ref>
|-
|{{flag|Newfoundland and Labrador}}
|$25,000
|The [[Provincial Court of Newfoundland and Labrador]] hears civil claims up to $25,000.<ref>{{cite web |url = https://court.nl.ca/provincial/courts/smallclaims/index.html |title = Small Claims Court |publisher = [[Provincial Court of Newfoundland and Labrador]] |access-date = 17 June 2020 |archive-date = 31 March 2020 |archive-url = https://web.archive.org/web/20200331220955/https://court.nl.ca/provincial/courts/smallclaims/index.html |url-status = live }}</ref>
|-
|{{flag|Nova Scotia}}
|$25,000
|The Nova Scotia Small Claims Court resolves claims to a maximum of $25,000.<ref>{{cite web |url = https://www.courts.ns.ca/Small_Claims_Court/NSSCC_home.htm |title = Small Claims Court |publisher = The Courts of Nova Scotia |access-date = 17 June 2020 |archive-date = 8 August 2020 |archive-url = https://web.archive.org/web/20200808235523/https://www.courts.ns.ca/Small_Claims_Court/NSSCC_home.htm |url-status = live }}</ref>
|-
|{{flag|Ontario}}
|$35,000
|The limit for small-claims in Ontario has been $35,000 {{as of|2020|01|01|since=y|lc=y|df=us}}.<ref name="ON-limit">{{cite web |url = https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/ |title = Small Claims Court |publisher = [[Ministry of the Attorney General (Ontario)|Ministry of the Attorney General]] |access-date = 17 June 2020 |archive-date = 17 June 2020 |archive-url = https://web.archive.org/web/20200617182448/https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/ |url-status = live }}</ref> The limit was previously raised from $10,000 to $25,000 on 1 January 2010.<ref>{{cite web |url = http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/scc_increase_limit.asp |title = Small Claims Court – Increase in monetary limit from $10,000 to $25,000 |publisher = [[Ministry of the Attorney General (Ontario)|Ministry of the Attorney General]] |access-date = 17 June 2020 |archive-date = 15 November 2013 |archive-url = https://web.archive.org/web/20131115072242/http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/scc_increase_limit.asp |url-status = dead }}</ref>
|-
|{{flag|Quebec}}
|$15,000
|The [[Court of Quebec]]'s Small Claims Division hears claims up to $15,000.<ref>{{cite web |url = https://www.justice.gouv.qc.ca/en/your-disputes/small-claims/ |title = Small claims |publisher = [[Quebec Ministry of Justice]] |access-date = 17 June 2020 |archive-date = 13 June 2020 |archive-url = https://web.archive.org/web/20200613114738/https://www.justice.gouv.qc.ca/en/your-disputes/small-claims |url-status = live }}</ref>
|-
|{{flag|Saskatchewan}}
|$30,000
|Claims in the Small Claims Court of the [[Provincial Court of Saskatchewan]] cannot exceed $30,000 in value.<ref>{{cite web |url = https://sasklawcourts.ca/index.php/home/provincial-court/small-claims-court |title = Small Claims Court |publisher = [[Provincial Court of Saskatchewan]] |access-date = 17 June 2020 |archive-date = 13 May 2020 |archive-url = https://web.archive.org/web/20200513101756/https://sasklawcourts.ca/index.php/home/provincial-court/small-claims-court |url-status = dead }}</ref>
|}

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 [[Euro|EUR]],<ref>Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure ([http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32007R0861 OJ L 199, 31 July 2007, p. 1–22] {{Webarchive|url=https://web.archive.org/web/20170326052338/http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32007R0861 |date=26 March 2017 }})</ref><ref>{{cite web |url = http://europa.eu/scadplus/leg/en/lvb/l16028.htm |publisher = European Union |work = Europa |title = European small claims procedure |access-date = 13 July 2008 |archive-date = 6 May 2008 |archive-url = https://web.archive.org/web/20080506114035/http://europa.eu/scadplus/leg/en/lvb/l16028.htm |url-status = live }}</ref> increased to 5,000€ on 14 July 2017<ref>Regulation (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 ([http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32015R2421 OJ L 341, 24 December 2015, p. 1–13] {{Webarchive|url=https://web.archive.org/web/20170517100549/http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015R2421 |date=17 May 2017 }})</ref> and current {{As of|2025|lc=y}}. [[Denmark]] is the only EU country that is not subject to this procedure.<ref>{{Cite web |title = European Small Claims procedure: Cost and process |author =  |work = Your Europe |date = 26 March 2021 |url = https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_en.htm |access-date = 21 March 2025 |archive-date = 4 November 2021 |archive-url = https://web.archive.org/web/20211104002202/https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_en.htm |url-status = live }}</ref>

===Hong Kong===
The '''Small Claims Tribunal''' ([[Chinese language|Chinese]]: 小額錢債審裁處) was established to provide a procedure for the speedy and inexpensive resolution of small claims.<ref>{{Cite Hong Kong case|litigants=Ho Siu Mei v Solution House Ltd|list=HCSA|number=5|year=1997|id=36305}}, at para. 3</ref><ref>{{Cite Hong Kong case|litigants=香港鐵路有限公司 訴 黃桂生|list=HCSA|number=2|year=2018|id=119369}}, at para. 16</ref> Situated at the [[West Kowloon Law Courts Building]], the Small Claims Tribunal deals with monetary claims not exceeding HK$75,000.<ref name="JudiciarySCT">{{Cite web |url = https://www.judiciary.hk/en/court_services_facilities/sc.html |title = Hong Kong Judiciary – Small Claims Tribunal |access-date = 16 February 2020 |archive-date = 27 October 2019 |archive-url = https://web.archive.org/web/20191027085102/https://www.judiciary.hk/en/court_services_facilities/sc.html |url-status = live }}</ref> It has exclusive jurisdiction to deal with such claims.<ref name="auto2">{{Cite web |url = https://www.elegislation.gov.hk/checkconfig/checkClientConfig.jsp?applicationId=RA001 |title = Hong Kong e-Legislation |website = www.elegislation.gov.hk |access-date = 10 March 2023 |archive-date = 20 August 2016 |archive-url = https://web.archive.org/web/20160820021817/http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/C8A3B2AECFB759D5482575EF0017A5D5/$FILE/CAP_542_e_b5.pdf |url-status = live }}</ref> The Small Claims Tribunal does not have jurisdiction to deal with labour disputes, possession of land, alimony maintenance, libel/defamation claims and claims made by money lenders.<ref name="auto2"/> As the Small Claims Tribunal does not have the power to grant [[injunction|injunctive relief]], if a claimant seeks such relief, the case will be transferred to the [[District Court (Hong Kong)|District Court]].<ref>{{Cite Hong Kong case|litigants=Fu Sau Tai Raymond (傅寿泰) v Woo Kwong Po (胡廣波)|list=HCSA|number=25|year=2020|id=131205}}, at paras. 5–6</ref>

The [[Magistrates%27_court_(Hong_Kong)#Chief_Magistrate|Chief Magistrate]] (currently{{when|date=February 2024}} Victor So Wai-tak) is the Court Leader of the Small Claims Tribunal and is responsible for the administration of the Tribunal.<ref>{{cite web |url = https://www.judiciary.hk/doc/en/publications/NewPublicationE.pdf |title = Judicial Officers Recommendation Commission |publisher = [[Judicial Officers Recommendation Commission]] |at = para. 5.7 |access-date = 24 May 2020 |archive-date = 21 September 2020 |archive-url = https://web.archive.org/web/20200921100402/https://www.judiciary.hk/doc/en/publications/NewPublicationE.pdf |url-status = live }}</ref>

Cases in the Small Claims Tribunal are heard by Adjudicators ([[Chinese language|Chinese]]: 審裁官) appointed by the [[Chief Executive of Hong Kong|Chief Executive]] on the recommendation of the independent [[Judicial Officers Recommendation Commission]] (JORC).<ref name="auto2"/> Cases may also be heard by Deputy Adjudicators ([[Chinese language|Chinese]]: 暫委審裁官) appointed on a temporary basis by the [[Chief Justice of the Court of Final Appeal|Chief Justice]].<ref name="auto2"/> A person who has practised for at least 5 years as a [[barrister]], [[advocate]], [[solicitor]] or [[judicial officer]] in Hong Kong or another [[common law]] jurisdiction is eligible to be appointed as an Adjudicator or Deputy Adjudicator.<ref name="auto2"/> In practice, a number of [[Magistrates' Court (Hong Kong)|Permanent Magistrates]] are assigned to sit as Adjudicators in the Small Claims Tribunal.<ref>{{cite web |url = https://www.judiciary.hk/doc/en/publications/NewPublicationE.pdf |title = Judicial Officers Recommendation Commission |publisher = [[Judicial Officers Recommendation Commission]] |at = para. 5.11 |access-date = 24 May 2020 |archive-date = 21 September 2020 |archive-url = https://web.archive.org/web/20200921100402/https://www.judiciary.hk/doc/en/publications/NewPublicationE.pdf |url-status = live }}</ref>

The fee to file a claim in the Small Claims Tribunal varies between HK$20 and HK$120 depending on the amount claimed.<ref name="JudiciarySCT"/>

When a claim is filed at the Tribunal Registry, the claimant will be given Form 3 which states the date of the call-over hearing (which must take place no later than 60 days after the claim is filed).<ref name="auto2"/> At the call-over hearing, the Tribunal Officer will interview both parties, identify the issues in dispute and explore if a settlement can be reached. If the dispute cannot be settled, the Tribunal Officer will give directions for the filing of further documents (defence, counterclaim, reply, witness statements, other supporting documents etc.) and will adjourn the case until another date for a mention hearing.<ref name="JudiciarySCT"/>

At the mention hearing, the Adjudicator will check if the parties have complied with the previous directions and may also give further directions in preparation for trial. The Adjudicator may also actively explore with parties if they are willing to settle. If a settlement cannot be reached and the case is ready for trial, the Adjudicator will fix a trial date.<ref name="JudiciarySCT"/>

A party may apply to the Tribunal for adjournment of a hearing date. However, as the aim of the Small Claims Tribunal is to handle and dispose of disputes within a reasonable time, the Tribunal will generally only allow an application for adjournment if it is supported by a good reason and if it is a short adjournment. The Tribunal is expected to manage cases actively.<ref>{{Cite Hong Kong case|litigants=Anant Ram Devgun v Arjan Wadhmal Nandwani|list=HCSA|number=20|year=2006|id=55495}}, at paras. 15–22</ref>

Hearings in the Small Claims Tribunal are conducted in an informal manner.<ref name="auto2"/> Parties act in person and are not permitted to be [[Lawyer|legally represented]].<ref name="auto2"/> The rationale is that small claims should be resolved without incurring substantial expenses in retaining legal services and also that an unrepresented litigant should not fear the imbalance of power caused by a lawyer representing the other side.<ref>{{Cite Hong Kong case|litigants=M Beraha & Co Ltd v Ng Wai Lun|list=CACV|number=256|year=2003|id=39859}}, reported at [2004] 3 HKC 535, at para. 33</ref> This ensures that there is a level playing field for all parties.<ref>{{Cite Hong Kong case|litigants=Chan Tung Chi v Suryani|list=HCSA|number=5|year=2012|id=80964}}, at para. 14</ref> However, a party is permitted to consult a lawyer for advice, including a lawyer who is present in the courtroom during the hearing as an observer, as long as the lawyer does not effectively conduct the case by giving directions to the party on steps to take during the hearing and questions to ask the witnesses.<ref>{{Cite Hong Kong case|litigants=So Kwok Yan v Ching Hong Yuen|list=HCSA|number=25|year=2000|id=21447}}, at paras. 37–41</ref> If a party is a corporation and one of its employees is a lawyer, that employee is allowed to represent the corporation in the proceedings in the Small Claims Tribunal.<ref>{{Cite Hong Kong case|litigants=Ho Ka Man v Hutchison Telecommunications (HK) Ltd|list=HCSA|number=26|year=2003|id=35897}}, at para. 10</ref> A party may also apply to the Small Claims Tribunal for leave for another person (who is not a lawyer) to act as their representative in conducting the case.<ref name="auto2"/>

The claimant bears the [[Burden of proof (law)|burden of proof]] and has the primary responsibility to prepare and produce evidence in support of their case.<ref>{{Cite Hong Kong case|litigants=恆峰花園業主立案法團 訴 洪一波|list=HCSA|number=70|year=2002|id=42473}}, at para. 9</ref> However, the Adjudicator is under a statutory obligation to inquire into any matter considered relevant to a claim, whether or not it has been raised by a party.<ref name="auto2"/> The Adjudicator may therefore invite the parties to comment on matters or direct them to produce evidence or documents relating to matters considered to be important.<ref>{{Cite Hong Kong case|litigants=James Manuel Ho v Grand Pacific Vacation (Hong Kong) Limited|list=HCSA|number=5|year=2004|id=45889}}, at para. 14(g)</ref> As the Adjudicator has an 'active inquisitorial role', the adjudicator should direct the parties to produce specific documents/evidence if such documents/evidence would have a bearing on the legal analysis of the dispute.<ref>{{Cite Hong Kong case|litigants=Terry Cheng (鄭志恆) v Ho Ho Investment Limited (可可投資有限公司)|list=HCSA|number=34|year=2015|id=103127}}, at paras. 19 and 29</ref> The Adjudicator is not under a duty to summon witnesses to fill in the gaps in the evidence/case put forward by a party,<ref>{{Cite Hong Kong case|litigants=恆峰花園業主立案法團 訴 洪一波|list=HCSA|number=70|year=2002|id=42473}}, at para. 10</ref> but if a witness who may be important has not been called by a party and the Adjudicator has not explained to the parties the potential significance of that witness, the Adjudicator should not solely rely on the failure to call that witness to disbelieve a party's case.<ref>{{Cite Hong Kong case|litigants=潘家鴻 訴 蔡美明|list=HCSA|number=23|year=2003|id=17089}}, at para. 21</ref><ref>{{Cite Hong Kong case|litigants=劉柱佳 訴 施柔鷗|list=HCSA|number=64|year=2017|id=121558}}, at para. 101</ref> The Adjudicator may put questions to the parties and witnesses, and invite the parties to make submissions.<ref>{{Cite Hong Kong case|litigants=Wan Tim Fuk v Glory Sky Precious Metals Limited|list=HCSA|number=31|year=2008|id=67448}}, reported at [2010] 2 HKLRD 174, at para. 13(4)</ref> However, the duty to inquire does not mean that the Adjudicator should take over the role of an adviser or advocate for a party, as the Adjudicator must remain neutral and impartial.<ref>{{Cite Hong Kong case|litigants=James Manuel Ho v Grand Pacific Vacation (Hong Kong) Limited|list=HCSA|number=5|year=2004|id=45889}}, at para. 14(f)</ref><ref>{{Cite Hong Kong case|litigants=Network Technology Limited v RCG (Hong Kong) Limited|list=HCSA|number=3|year=2010|id=70274}}, at para. 16</ref>

Rules of evidence do not apply in the Small Claims Tribunal, which may receive any evidence that it considers to be relevant.<ref name="auto2"/> The Small Claims Tribunal will decide how to receive evidence based on considerations of proportionality, costs and common sense.<ref>{{Cite Hong Kong case|litigants=Golden Best Investment Limited v Secretary for Justice|list=HCSA|number=39|year=2015|id=103978}}, at para. 12</ref> A party may request [[Discovery (law)|discovery]] of documents from the other party if such documents exist, are/were in that party's possession, are relevant to the dispute and are necessary to obtain to deal fairly with the dispute between the parties.<ref>{{Cite Hong Kong case|litigants=Wallbanck Brothers Securities (Hong Kong) Limited v Cheng Wai Kong|list=HCSA|number=38|year=2014|id=95122}}, at paras. 10–16</ref> The Small Claims Tribunal can receive [[hearsay]] evidence, but it should consider why the witness concerned is not called to give oral evidence and whether the hearsay evidence is credible.<ref>{{Cite Hong Kong case|litigants=Lui Sheung Kwan v Chui King Sum|list=HCSA|number=11|year=2009|id=70534}}, reported at [2010] 2 HKLRD 599, at paras. 16–22</ref>

The Small Claims Tribunal has a discretion to award to the successful party any reasonable expenses necessarily incurred by and any loss of salary or wages suffered in attending the hearings.<ref name="auto2"/><ref>{{Cite Hong Kong case|litigants=Yu Wing Kei v Chan Tak Kwong|list=HCSA|number=13|year=2011|id=78850}}, at paras. 7–8</ref> The costs order is not meant to be punitive.<ref>{{Cite Hong Kong case|litigants=Real Honour Limited v Gamuse Company Limited|list=HCSA|number=29|year=1999|id=34327}}, at para. 18</ref>

The Adjudicator will give the decision orally or in writing at the end of the trial or as soon as possible thereafter.<ref name="auto2"/> If the decision is delivered orally, the Adjudicator is required to reduce it to writing within 14 days.<ref name="auto2"/> When reducing the oral decision in writing, the Adjudicator may expand on the oral decision by giving fuller written reasons for judgment as long as they are consistent with the original determination and factual findings.<ref>{{Cite Hong Kong case|litigants=陳啟生，梁鳳儀經營生記工程公司 訴 Yiu Chor Lin|list=HCSA|number=39|year=2017|id=119020}}, reported at [2020] 1 HKC 282, at para. 38</ref> The Adjudicator is under a duty to analyse the material points in the evidence of the case and to give reasons as to why a particular conclusion or decision has been reached.<ref>{{Cite Hong Kong case|litigants=陳啟生，梁鳳儀經營生記工程公司 訴 Yiu Chor Lin|list=HCSA|number=39|year=2017|id=119020}}, reported at [2020] 1 HKC 282, at para. 23</ref> The Adjudicator should explain their belief or disbelief in the evidence given by a witness.<ref>{{Cite Hong Kong case|litigants=俞建順 訴 蔡旭竣|list=HCSA|number=57|year=2001|id=27533}}, at para. 12</ref> The Adjudicator should not give further written reasons to perfect or improve on the written reasons for decision which have already been given, in particular after one party has made an application to the [[Court of First Instance (Hong Kong)|Court of First Instance]] of the [[High Court (Hong Kong)|High Court]] for leave to appeal.<ref>{{Cite Hong Kong case|litigants=Artcentre Printing Company Limited v Chun Kin Chuen|list=HCSA|number=4|year=2000|id=34092}}, at paras. 6 and 15</ref>

After the Adjudicator has delivered the decision/order, a party may request within 7 days by filing Form 8C and paying a fee of HK$61 that the adjudicator review the decision.<ref name="JudiciarySCT"/> When conducting the review of the decision/order, the Adjudicator may re-open and re-hear the claim wholly or in part, may call or hear fresh evidence, and may accordingly confirm, vary or reverse the decision/order.<ref name="auto2"/> Parties wishing to adduce new evidence at the review stage are required to give cogent reasons explaining why such evidence had not been adduced at trial<ref>{{Cite Hong Kong case|litigants=恆峰花園業主立案法團 訴 洪一波|list=HCSA|number=70|year=2002|id=42473}}, at paras. 17–18</ref> and show that such evidence is material/relevant to the dispute.<ref>{{Cite Hong Kong case|litigants=Wong Tung Fuk (王東福) v Tang Wing Sze Irene (鄧穎詩)|list=HCSA|number=36|year=2012|id=85903}}, reported at [2013] 2 HKLRD 627, at para. 61</ref> The Adjudicator is required to give adequate reasons for the review decision.<ref>{{Cite Hong Kong case|litigants=Wong Tung Fuk (王東福) v Tang Wing Sze Irene (鄧穎詩)|list=HCSA|number=36|year=2012|id=85903}}, reported at [2013] 2 HKLRD 627, at para. 58</ref>

Regardless of whether the Adjudicator has conducted a review of the decision/order,<ref name="auto2"/> a party may appeal to the [[Court of First Instance (Hong Kong)|Court of First Instance]] of the [[High Court (Hong Kong)|High Court]] against a decision/order of the Small Claims Tribunal. However, it is necessary first to apply for leave to appeal from the [[Court of First Instance (Hong Kong)|Court of First Instance]] by filing Form 9 and paying a fee of HK$61 within 7 working days of the Small Claim Tribunal's decision/order by showing that it involves a point of law that is arguable<ref>{{Cite Hong Kong case|litigants=Chow Mee Yee Millie v Hong Kong Mediation Services Limited|list=HCSA|number=17|year=2011|id=80366}}, at para. 26</ref> or exceeded the Tribunal's jurisdiction.<ref name="auto2"/><ref>{{Cite web | url=https://www.judiciary.hk/doc/en/court_services_facilities/hc/general_reference_application.pdf | title=General Reference | archive-url=https://web.archive.org/web/20191027103618/https://www.judiciary.hk/doc/en/court_services_facilities/hc/general_reference_application.pdf | archive-date=27 October 2019 }}</ref> When applying for leave to appeal, a party may be [[Lawyer|legally represented]] in the [[Court of First Instance (Hong Kong)|Court of First Instance]].<ref name="JudiciarySCT"/> The leave to appeal application will be heard before a High Court Judge at an ''[[ex parte]]'' oral hearing, which is attended only by the party applying for leave to appeal and not the other party/parties.<ref>{{Cite web | url=https://www.judiciary.hk/doc/en/court_services_facilities/hc/appl_cfi_leavetoappeal_general_ref.pdf | title=General Reference for (ex-parte) Application to the Court of First Instance for Leave to Appeal | archive-url=https://web.archive.org/web/20200509180720/https://www.judiciary.hk/doc/en/court_services_facilities/hc/appl_cfi_leavetoappeal_general_ref.pdf | archive-date=9 May 2020 }}</ref> Instead of an oral hearing, regardless of whether the applicant is legally represented or acting in person, the High Court Judge may direct that the ''[[ex parte]]'' application for leave to appeal be determined by way of paper disposal (in which case, the applicant files written submissions and the Judge hands down a decision at a later date).<ref>{{Cite Hong Kong case|litigants=福華街41–43號業主立案法團 訴 湛偉明|list=HCSA|number=8|year=2020|id=130298}}</ref> If the [[Court of First Instance (Hong Kong)|Court of First Instance]] refuses to grant leave to appeal, its decision is final and not susceptible to further appeal.<ref name="auto2"/> The ''[[ex parte]]'' leave to appeal procedure means that the successful party in the Small Claims Tribunal only has to spend time and incur costs in resisting an appeal if the other party has been able to persuade the High Court Judge that he/she has an arguable ground of appeal. However, in some cases, the High Court Judge may direct that the leave to appeal hearing take place ''[[inter partes]]'' (in the presence of all the parties, not just the applicant).<ref>{{Cite Hong Kong case|litigants=Ng Koon Fai v Lau Siu Hang Thomas|list=HCSA|number=12|year=2018|id=121945}}</ref>

If leave to appeal is granted, the appellant should file a Notice of Originating Motion and pay a fee of HK$1,045. All the parties (who may be legally represented) will then attend the appeal hearing before a High Court Judge.<ref>{{Cite web | url=https://www.judiciary.hk/doc/en/court_services_facilities/hc/appl_cfi_appeal_general_ref.pdf | title=General Reference for Application to the Court of First Instance for Appeal | archive-url=https://web.archive.org/web/20200508220955/https://www.judiciary.hk/doc/en/court_services_facilities/hc/appl_cfi_appeal_general_ref.pdf | archive-date=8 May 2020 }}</ref><ref name="auto2"/> The [[Court of First Instance (Hong Kong)|Court of First Instance]] is not bound to allow the appeal merely because there was a misdirection or improper admission or rejection of evidence by the Small Claims Tribunal, unless the Court is of the view that substantial wrong or miscarriage was thereby occasioned.<ref name="auto2"/><ref>{{Cite Hong Kong case|litigants=So Yiu Woon v Wong Ding Hsiang|list=HCSA|number=12|year=2020|id=130373}}, at para. 24</ref> If the appeal is allowed, and if the appellant is legally represented while the respondent acts in person as he/she cannot afford legal representation, the Court has a discretion not to order that the unsuccessful respondent pay the costs incurred by the successful appellant in bringing the appeal if it would cause 'undue hardship' to the unsuccessful respondent and if the respondent had not put forward a claim or a defence in bad faith and had not misbehaved in conducting the proceedings in the Small Claims Tribunal.<ref>{{Cite Hong Kong case|litigants=友聯冷氣水電工程有限公司 訴 羅國傑|list=HCSA|number=65|year=2015|id=114439}}, at paras. 57–58</ref> In principle, if the appeal is allowed, the Court of First Instance will remit the case back to the Small Claims Tribunal for a re-trial if it is necessary to make new/further factual findings, even if the amount claimed is small.<ref>{{Cite Hong Kong case|litigants=蔡少慈(Chua Siu Tsz) 訴 Glory Rays Decorative Material Company Limited|list=HCSA|number=32|year=2008|id=65082}}, at para. 11</ref> However, the Court of First Instance may decline to order a re-trial even if it considers that the Small Claims Tribunal made an error of law if it would be disproportionate bearing in mind the amount claimed.<ref>{{Cite Hong Kong case|litigants=周順鏞 訴 張維新經營廣成建築公司|list=HCSA|number=13|year=1997|id=26674}}</ref>

===Ireland===
The "small claims court" is an informal name for the [[District Court (Ireland)|District Court]] when operating under its Small Claims Procedure [[court rules]].<ref name="citizensinformation"/> The [[#Court of conscience|Courts of Conscience]] of boroughs in the Republic of Ireland were superseded under the [[Courts of Justice Act, 1924]] by the District Court, which operates throughout the state.<ref>{{cite web |url = http://www.irishstatutebook.ie/eli/1924/act/10/section/78/enacted/en/html |title = The Courts of Justice Act, 1924, Section 78 |work = [[Irish Statute Book]] |access-date = 5 October 2017 |archive-date = 5 October 2017 |archive-url = https://web.archive.org/web/20171005202544/http://www.irishstatutebook.ie/eli/1924/act/10/section/78/enacted/en/html |url-status = live }}</ref> Small claims cases were processed in the same manner as other [[summary judgment]]s of the District Court until 1991, when a separate "small claims procedure" was first specified.<ref>{{cite web |url = http://www.irishstatutebook.ie/eli/1991/si/310/made/en/print |title = S.I. No. 310/1991 – District Court (Small Claims Procedure) Rules, 1991. |work = [[Irish Statute Book]] |access-date = 5 October 2017 |archive-date = 6 October 2017 |archive-url = https://web.archive.org/web/20171006012014/http://www.irishstatutebook.ie/eli/1991/si/310/made/en/print |url-status = live }}</ref> The current District Court small claims procedure rules date from 2007, with amendments down to 2009.<ref>{{cite web |url = http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure |title = Small Claims Procedure |date = 23 January 2017 |publisher = Courts Service of Ireland |access-date = 5 October 2017 |archive-date = 5 October 2017 |archive-url = https://web.archive.org/web/20171005204031/http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure |url-status = dead }}</ref> The [[European Small Claims Procedure]] is used where one party is in another EU member state.<ref name="citizensinformation">{{cite web |url = http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html |title = Small claims procedure |date = 5 September 2016 |publisher = Citizens Information Board |access-date = 5 October 2017 |location = Ireland |archive-date = 6 October 2017 |archive-url = https://web.archive.org/web/20171006011908/http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html |url-status = live }}</ref>

===Kenya===
The Kenyan Small Claims Court was established in 2016 (formally launched on 26 April 2021 at Milimani Law Courts) under section 4 of the Small Claim Act No.2 of 2016. This court is a subordinate court as per Article 169(1) (d) of the Constitution of Kenya, 2010 and its geographical jurisdiction covers sub-counties or any other units of decentralization under the Constitution.<ref name="auto">{{cite web |title = The Small Claims Act No. 2 of 2016 |url = http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%202%20of%202016 |website = Kenyalaw.org |access-date = 26 April 2021 |archive-date = 26 April 2021 |archive-url = https://web.archive.org/web/20210426121315/http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%202%20of%202016 |url-status = live }}</ref>
Each Small Claims Court is presided over by an adjudicator appointed by the Judicial Service Commission. The Chief Justice can also designate any qualified person to act in as an adjudicator (section 6(1) and (2).<ref name="auto"/> To qualify under section 8 for appointment to be an adjudicator, a person must:<ref>{{cite web |title = The Small Claims Act No. 2 of 2016 |url = http://kenyalaw.org/lex/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/S/Small%20Claims%20Court%20-%20No.%202%20of%202016/docs/SmallClaimsCourtAct2of2016.pdf |website = Kenyalaw.org |access-date = 26 September 2017 |archive-date = 27 September 2017 |archive-url = https://web.archive.org/web/20170927052617/http://kenyalaw.org/lex/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/S/Small%20Claims%20Court%20-%20No.%202%20of%202016/docs/SmallClaimsCourtAct2of2016.pdf |url-status = dead }}</ref>
a) be an advocate of the High Court of Kenya with three years of legal experience, or
b) be trained as a paralegal at the Kenya School of Law.
The court deals with civil cases provided for under section 12 which arise from:<ref>{{cite web |title = The Small Claims Act No. 2 of 2016 |url = http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%202%20of%202016f |website = Kenyalaw.org |access-date = 26 April 2021 }}{{Dead link|date=March 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
a) a contract for sale and supply of goods or services;
(b) a contract relating to money held and received;
(c) liability in tort in respect of loss or damage caused to any property or
for the delivery or recovery of movable property;
(d) compensation for personal injuries; and
(e) set-off and counterclaim under any contract.
Though the court’s pecuniary jurisdiction is limited to KES 1,000,000 (approximately US$10,000), Section 12(4) gives the Chief Justice the power to review that limit to any amount he thinks fit via a Gazette notice.<ref name="auto"/>

===Nigeria===
Small Claims court in Nigeria is similar to the ones in the United States and England. They are specially designated courts that hear and determine debt recovery cases of a small and liquidated debt.
The small claims courts were introduced in Lagos Nigeria in April 2018 by the [[Chief Judge of Lagos State|former Chief Judge of Lagos State]] Justice [[Opeyemi Oke]] .
It is not clear if it was a world bank initiative or as a Lagos State Judiciary reform as the time of establishing the courts coincided with the PEBEC and world bank motive to improve the ease of doing business in Nigeria through seamless debt recovery court procedure.<ref>{{cite web |title = Examining Lagos small claims courts, their mechanisms in other jurisdictions |url = https://guardian.ng/features/examining-lagos-small-claims-courts-their-mechanisms-in-other-jurisdictions/ |website = guardian.ng |date = 3 July 2018 |access-date = 3 December 2018 |archive-date = 3 December 2018 |archive-url = https://web.archive.org/web/20181203104016/https://guardian.ng/features/examining-lagos-small-claims-courts-their-mechanisms-in-other-jurisdictions/ |url-status = live }}</ref>
At the establishment ceremony, 15 magistrates courts across the five magisterial districts of Lagos were designated as small claims court. The five magisterial districts include Lagos Island, Ikeja, Yaba, Badagry and Ikorodu.<ref>{{cite web |title = Lagos posts 15 magistrates to small claims courts |url = https://punchng.com/lagos-posts-15-magistrates-to-small-claims-courts/ |website = punchng.com |date = 26 April 2018 |access-date = 3 December 2018 |archive-date = 1 December 2018 |archive-url = https://web.archive.org/web/20181201223938/https://punchng.com/lagos-posts-15-magistrates-to-small-claims-courts/ |url-status = live }}</ref>

The Kano State Judiciary followed in Lagos' steps and established its [https://kanojudiciary.com/about-small-claim-court/ Small Claims Court] on 24 January 2019 having similar jurisdiction as the Lagos State Small Claims Court. Five Courts were designated as Small Claims Courts and are located in Gwammaja, Gyadi-Gyadi, Nomansland and Dawakin Tofa.

The small claims courts are presided over by magistrates who hear and determine cases on debt claims not exceeding five million Naira.
It encompasses the routine collection of small debts, evictions and other disputes between landlords and tenants, as well as breach of contracts and simple torts.<ref>{{Cite web |date = 3 July 2018 |title = Examining Lagos small claims courts, their mechanisms in other jurisdictions |url = https://guardian.ng/features/examining-lagos-small-claims-courts-their-mechanisms-in-other-jurisdictions/ |access-date = 19 December 2021 |website = The Guardian Nigeria News – Nigeria and World News |language = en-US |archive-date = 18 September 2020 |archive-url = https://web.archive.org/web/20200918114943/https://guardian.ng/features/examining-lagos-small-claims-courts-their-mechanisms-in-other-jurisdictions/ |url-status = live }}</ref> To institute a small claims matter, either the defendant or the claimant must be residing or doing business within the judicial division of the court.

===Singapore===
Similar to the UK, small-claims can be handled in Singapore through [[State Courts of Singapore]].

===United Kingdom===
The rules and procedures differ for the different countries of the United Kingdom. While Britain was a member of the European Union, the European Small Claims Procedure for cross-border claims also applied.

====England and Wales====
[[England and Wales]] does not have a separate small claims court.<ref>{{cite web |url = http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm |publisher = Her Majesty's Court Service |work = HMCS |title = How to make a claim |access-date = 3 July 2010 |archive-date = 6 July 2010 |archive-url = https://web.archive.org/web/20100706220941/http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm |url-status = live }}</ref> They are usually dealt with in the [[County Court (England and Wales)|County Court]] after being allocated to the small claims track of the County Court system. Small claims take place under a modified set of rules.<ref>{{cite web |title = Small Claims Court Rules |url = http://www.smallclaimscourtgenie.co.uk/so-what-is-the-small-claims-court |publisher = Small Claims Court Genie |access-date = 19 February 2014 |archive-date = 27 February 2014 |archive-url = https://web.archive.org/web/20140227002425/http://www.smallclaimscourtgenie.co.uk/so-what-is-the-small-claims-court/ |url-status = live }}</ref>  Low-value cases, including most non-personal-injury cases up to £10,000, are usually assigned to the small claims track, producing a small claims action in the County Court. These cases are heard by [[Judiciary of England and Wales|district judges]] under an informal procedure.<ref>[[Civil Procedure Rules]], [http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part27.htm Part 27] {{webarchive|url=https://web.archive.org/web/20110509041846/http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part27.htm |date=9 May 2011 }}</ref>

An important difference between small claims and other civil claims is that the parties are usually unable to recover their legal costs, regardless of who wins or loses. For this reason, most individuals and businesses involved in small claims deal with them [[Litigant in person|without legal representation]].<ref>{{cite web |title = Small Claims Court |url = http://www.smallclaimscourtgenie.co.uk/do-i-need-a-solicitor/ |publisher = Small Claims Court Genie |access-date = 19 February 2014 |archive-date = 26 February 2014 |archive-url = https://web.archive.org/web/20140226232046/http://www.smallclaimscourtgenie.co.uk/do-i-need-a-solicitor/ |url-status = live }}</ref> The winning party will, however, generally be able to recover the following costs, fee and expenses from the losing party:<ref>[[Civil Procedure Rules]], [https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14 Rule 27.14] {{Webarchive|url=https://web.archive.org/web/20170708044902/http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14 |date=8 July 2017 }}</ref>
* fixed costs on commencement;<ref>Calculated in accordance with the [[Civil Procedure Rules]], [https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs#rule45.2 Rule 45.2, Table 1] {{Webarchive|url=https://web.archive.org/web/20170701193122/http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs#rule45.2 |date=1 July 2017 }}</ref>
* court fees;<ref>Calculated based on the amount claimed (plus interest). See [https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf EX50 – Civil and Family Court Fees – High Court and County Court] {{Webarchive|url=https://web.archive.org/web/20230310082827/https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50 |date=10 March 2023 }}.</ref>
* expenses reasonably incurred by the winner and his/her witnesses in travelling to/from a hearing or in staying away from home for the purposes of attending a hearing;
* loss of earnings or loss of leave for the winner and his/her witnesses due to attending a hearing or staying away from home for the purpose of attending a hearing (capped at £95 per day for each person);<ref name="auto1">{{Cite web |url = https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27 |title = PRACTICE DIRECTION 27A – SMALL CLAIMS TRACK – Civil Procedure Rules |website = www.justice.gov.uk |access-date = 7 May 2017 |archive-date = 8 July 2017 |archive-url = https://web.archive.org/web/20170708073850/http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27 |url-status = live }}</ref>
* expert fees (capped at £750 for each expert)<ref name="auto1"/>

The separate small claims procedure was first introduced for claims up to £75 in 1973.<ref>{{Cite report |url = https://publications.parliament.uk/pa/cm200506/cmselect/cmconst/519/519.pdf |title = The courts: small claims – First Report of Session 2005–06 |date = 6 December 2005 |publisher = House of Commons Constitutional Affairs Committee |id = HC519 |page = 54 |access-date = 4 November 2021 |archive-date = 21 January 2022 |archive-url = https://web.archive.org/web/20220121210317/https://publications.parliament.uk/pa/cm200506/cmselect/cmconst/519/519.pdf |url-status = live }}</ref> This flowed from the statutory power of judges to order arbitration.<ref>[[County Courts Act 1959]], s.92 subsequently [[County Courts Act 1984]], s.64</ref> The limit was raised to £1,000 in 1991, £3,000 in 1996, £5,000 in 1999 and £10,000 in 2013.<ref>{{Cite web |last = Fairbairn |first = Catherine |title = Small claims for personal injuries including whiplash |date = 23 August 2018 |publisher = House of Commons Library |url = http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN04141 |access-date = 24 March 2017 |archive-date = 25 March 2017 |archive-url = https://web.archive.org/web/20170325024553/http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN04141 |url-status = live }}</ref> The limit is only a guideline. The court may allocate a case to the small claim track where the claim is over the guideline if it is considered that the case is simple enough that it is an appropriate way of disposing of the matter. A [[Money Claim Online]] service is available for larger, but still simple, claims.

====Northern Ireland====

The small claims process allows certain types of claims not exceeding £3,000 to be decided informally by the County Court.<ref>{{Cite web |title = Small claims process |author =  |work = nidirect government services |date = 3 November 2015 |access-date = 4 November 2021 |url = https://www.nidirect.gov.uk/articles/small-claims-process |archive-date = 4 November 2021 |archive-url = https://web.archive.org/web/20211104000948/https://www.nidirect.gov.uk/articles/small-claims-process |url-status = live }}</ref>

====Scotland====
In Scotland small claims are handled by a process called simple procedure, subject to a limit of £5,000.<ref>{{Cite web |title = Simple procedure |author =  |website = Scottish Courts and Tribunals |date =  |access-date = 4 November 2021 |url = https://www.scotcourts.gov.uk/taking-action/simple-procedure |archive-date = 4 November 2021 |archive-url = https://web.archive.org/web/20211104000940/https://www.scotcourts.gov.uk/taking-action/simple-procedure |url-status = live }}</ref>

===United States===
{{Unreferenced|section|date=April 2025|find=none}}

The movement to establish small-claims courts typically began in the early 1960s, when [[justice of the peace]] courts were increasingly seen as obsolete, and officials felt it desirable to have such a court to allow people to represent themselves without legal counsel. In [[New York State]], small claims courts were established in response to the 1958 findings of Governor [[Thomas E. Dewey]]'s [[Tweed Commission]] on the reorganization of the state judiciary. Since then, the movement towards small-claims courts has led to their establishment in most U.S. states.

There is no equivalent to a small-claims court in the [[United States federal courts|federal court]]. (Note that [[United States Congress|Congress]] has set the jurisdictional minimum for [[diversity jurisdiction]] cases at greater than $75,000). [[United States magistrate judge|Magistrate judges]] are authorized to handle certain preliminary matters. Since the year 2010, the costs of filing fees have increased in almost every [[State court (United States)|state court]] system. Filing fees typically range from US$15 to $150, depending on the claim amount. The alternative to small claims court include less expensive, faster online dispute resolution and settlement services, where potential litigants settle their disputes at a lower cost without requiring or involving any adjudicative process.

===Greece===
{{Unreferenced section|date=July 2023}}
In Greece they are called "Ειρηνοδικεία" or "Πταισματοδικεία" (Justices of Peace or Small-Claims Courts). They have only one judge.

According to Article 14 of the Civil Code (Jurisdiction of Magistrates' Courts and Single-Member Courts of First Instance due to an amount), the following are under its jurisdiction:

# All differences that can be valued in money and the value of their object does not exceed the amount of twenty thousand (20,000.00) euros.
All main or incidental differences from a lease agreement, as well as the differences of article 601 of the Civil Code, since in all these cases the agreed monthly rent does not exceed six hundred (600.00) euros
# The differences between the owners of floors or apartments from the relationship of the apartment ownership and the differences between the managers of property by floors and the owners of floors and apartments concerning common costs, as long as the value of their object does not exceed the amount of twenty thousand (20,000) euros.
According to Article 15 of the Civil Code (Extraordinary jurisdiction of a magistrate's court without discrimination of value) the jurisdiction of the magistrate's courts is subject to the jurisdiction of the magistrate's courts regardless of the value of the subject of the dispute
# The differences from purchased land concerning the delivery of the use of the lease or its performance for any reason,
# Disputes concerning damage to trees, vines, fruits, seeds, roots and general plants, caused by illegal grazing of animals or in any other way,
# The differences arising from the provisions of articles 1003 to 1009, 1018 to 1020 and 1023 to 1031 of the Civil Code, as well as those referring to damages caused by their violation,
# Disputes concerning the determination of distances imposed by laws and regulations or local customs for planting trees or plantations or for erecting fences or digging ditches;
# The disputes concerning the obstruction of the free use of roads and paths, as well as the damages caused by this obstruction,
# Disputes concerning the use of running water or the prevention of its use,
# The differences arising from the provisions of articles 834 to 839 of the Civil Code,
# The disputes concerning claims of the persons referred to in articles 834 and 839 of the Civil Code or their universal successors, against their clients or their universal successors,
# The differences from a contract of carriage of persons by any means, for the claims that the carriers or agents or their universal successors have from it;
# The disputes concerning the claims of the associations and cooperatives against their members or their universal successors, for the contribution owed to them, as well as the disputes concerning the claims that the members or the universal successors have against the associations and cooperatives  them for monetary or other benefits,
the disputes concerning the demands of lawyers or their universal successors for their fees and expenses, if it concerns their services in trials in the Magistrates' Court or in the Criminal Court,
# Disputes relating to the rights or compensation or costs of witnesses examined in any court or to arbitrators, and those relating to the rights or compensation or costs of interpreters, bailiffs and bailiffs, however appointed, and registrars  successors of all these,
# The differences arising from the sale of animals, due to actual defects or lack of agreed properties.

Magistrates' courts are also responsible for issuing payment orders and rent payment orders for a claim within their jurisdiction, while from 1 March 2013  they are now responsible for the publication of wills,  the issuance of inheritance certificates  as well as for the registration or removal of a mortgage pre-notification.

==Classes==
Some jurisdictions offer classes in small-claims court procedures. As such courts are open to the public, attendance at a few sessions may be useful to a person involved in a case, whether as plaintiff or defendant.

==In popular culture==
{{See also|Court show}}
Several small-claims proceedings have appeared on television in [[court show]]s. However, the settings in these programs are not truly [[court|courts of law]]: even though they attempt to give off the appearance as such, they are merely forms of arbitration. Such shows include ''[[The People's Court]]'', ''[[Judge Judy]]'', ''[[Joe Brown (judge)|Judge Joe Brown]]'', ''[[Judge Mathis]]'', etc., all of which feature retired judges as the arbitrator.<ref>See [[:Category:Court shows]]</ref>

==See also==
* [[Allocation questionnaire]] – form used in English civil courts to decide whether to allocate a case to the small-claims track
* [[Amount in controversy]]
* [[De minimis]]

==References==
{{Reflist}}

{{Types of courts}}
{{Authority control}}

{{DEFAULTSORT:Small Claims Court}}
[[Category:Courts by type]]