Contested small claims cases are usually brought by individual plaintiffs, not businesses

Evidence

In some states, bad publicity and criticism led to efforts to restore the courts to what was supposed to be their original function. Some states—​New York, Oklahoma—​ barred collection agencies from using small claims courts. In many places, the clerk will help a litigant fill out forms; some courts even give legal advice to bewildered litigants. Some courts have mediation processes, and this kind of less hurried, less adversarial way of doing small-​claims business is apparently more satisfying to litigants. Recent studies have tended to look at small claims courts in a more favorable light. A survey of twelve urban small claims courts, published in 1993, did find that businesses filed most of the complaints, but the survey did not feel that these courts were “primarily debt collection agencies for businesses.” Most of the cases that were actually tried—​that is, the cases actually contested—​were brought by individual plaintiffs. — Lawrence M. Friedman and Grant M. Hayden, American Law, 294

Categorization

• XREF: connects to: Mandatory class-action-waiver arbitration clauses quietly extinguish small consumer claims — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 1513; Corporate defendants fear settlements will invite copycat lawsuits, not just cost money — Jonathan Harr, A Civil Action, 2594; Most civil cases are decided during the pretrial phase, not at trial

Broader Connections

• Mandatory class-action-waiver arbitration clauses quietly extinguish small consumer claims #complicates (0.75) — Lawrence M. Friedman and Grant M. Hayden, American Law, 1513
• Most civil cases are decided during the pretrial phase, not at trial #qualifies (0.75)
• Corporate defendants fear settlements will invite copycat lawsuits, not just cost money #qualifies (0.72) — Jonathan Harr, A Civil Action, 2594