Real people's court

For court cases that aren't big enough to take to a lawyer but need to be settled quickly, there's small claims court.

Small claims court is about money. It's about collecting overdue rent, not evicting an undesirable tenant. It's not about taking someone to court who has property you want returned. It's about making someone pay money you believe you are owed.

According to the Missouri Bar Web site, small claims court is truly the people's court. An aggrieved party can sue the person or business he feels has done him wrong in small claims court. If people want to state their own case, they can. Lawyers can and do appear, but infrequently.

"Lawyers don't normally participate in small claims court," said lawyer Ken McManaman, a former Jackson city judge. "I can't think of the last time I went."

The procedure for going through small claims court is fairly straightforward. If the issue can't be settled between the two opposing parties, then the person who feels he is owed money initiates the claim. A clerk is available to help the plaintiff fill out the forms.

The hearing process is equally simple. The plaintiff presents his side of the story to the judge. The defendant can ask the plaintiff questions, and then can present his side of the situation. The plaintiff then can ask the defendant questions.

Both sides can bring supporting documents to prove their points. Throughout the procedure, the judge asks questions. Then it's up to the judge to decide if any money is owed and how much.

"Generally I just ask both parties some questions I need to know to get information I need to make a decision on the case," said Associate Circuit Judge Peter Statler, who hears small claims cases the third Wednesday of every month. "Usually a few well-aimed questions to both sides can reduce the matter to the crux of the problem."

On a recent Wednesday morning, Statler listened while Casandra and Jeffery Lloyd complained about a water leak in a house they bought from Tony and Rebecca White. The water damaged the floor to the kitchen and came from either a blocked air-conditioner line or a plugged refrigerator drip pan. The Lloyds accused the Whites of withholding information about the damage when the real estate transaction was made. The Whites said they withheld nothing -- the floor was dry and solid when they moved out.

The Lloyds were seeking $3,000 in damages to fix the floor of their kitchen and laundry room area, the maximum anyone can get in small claims court. Jeffery Lloyd said he has estimates showing the damage to be more than that, but he's willing to settle for $3,000 because small claims court would get the matter settled quickly. Talking with the Whites had failed.

"They told us we're just going to have to sue them," Lloyd said. "If we had gone to another court, we were told it could be dragged out for years, so we took it to small claims court to get what we could get out of it."

Lower court costs

McManahan said that a general cost to have a lawyer litigate a claim would be 10 percent to 20 percent of the settlement. The costs could be more, depending on the amount of work and the number of hours working on a case.

Small claims court costs much less. The plaintiff is responsible for the filing fees, based on the size of the claim. For claims under $100, the filing fee is $5 plus the cost of a certified letter. Claims over $100 cost $10, plus the cost of the mailing, according to the Missouri Bar.

Small claims court limits a person to three small claims cases within a year to prevent abuse of the system.

In the Lloyd v. White case, Statler heard their arguments, looked at photos and a video of the floor, and said he would notify them by mail within a few days of his decision.

Small claims court cases move quickly. Statler said sometimes he can hear six or eight cases in a half hour docket. He dispenses with the easy ones first. Cases where only the plaintiff shows up are simple.

"Jackson Tire v. Terry James, seeking $179," the bailiff calls out. Jackson Tire is there; James isn't.

"Judgment by default," Statler said.

Defendants who don't show up for court are ordered to pay. Collecting, however, isn't guaranteed. It is up to the winning party to collect money owed. If a defendant is not satisfied with the outcome, there is an appeal process. In the event of an appeal, a different judge is brought in, which Statler said does not happen often.

If a plaintiff isn't satisfied, he has the right to request a new trial in civil court at the circuit level, this time with different rules, different procedures -- and this time with lawyers.

In some cases, a defendant can countersue the plaintiff, which is Statler recommended to Rose Covington of Cape Girardeau.

America's Car Mart sued Covington for not paying loans for two cars she bought. Covington said she was told not to pay since the dealer had accepted the cars for repair but kept them too long, and she didn't have the use of the cars she was expected to pay for.

The cases are about money, but sometimes other issues creep in, which Statler said he has to overlook.

"In some instances we have two people who are mad about something and they want their day in court," said Statler. "They want to be heard."Dan Phillips, owner of Budget Blinds, sued Mary Gross of Cape Girardeau for $842 claiming that she ordered custom-made blinds from him then refused to accept them. Phillips recounted for Statler how he made several trips to Gross' home, where she picked out blinds of one color but wouldn't order because she had to discuss it with her husband first. The second trip resulted in her choosing a slightly different shade, but still no order. On the third visit, Phillips said, she chose an entirely different color, asked for a discount, and still had to talk to her husband before she finally ordered.

"No deal had been made after three trips," Phillips said.

When it was her turn to speak, Gross said that she couldn't accept the order because the blinds were the wrong color and the wrong texture. She said she offered to pay Phillips for half of what the wrong order cost him plus order new blinds, but at this point, several trips had been made to her home and no money had exchanged hands.

"She did not want to pay full price for the blinds," Phillips said.

"I wanted to work something out," she said. "He is an angry man. He scared me. He had a bad attitude throughout this whole thing. This was the worst experience of my life."

She showed Statler the blinds that were delivered to her house and the color swatch that was her original choice.

"It's not the same color," Statler said.

But that's not what he has to decide. He has to decide whether Gross owes Phillips money, and if so, how much. As usual, Statler's decision is in the mail.

lredeffer@semissourian.com

335-6611, extension 160