10/19/2001

Futility in Small Claims Court

Connie Lepore is appalled by what he has learned about small claims court. It takes time and money to process and argue a case, but even if the judgment goes your way, you might never recover a cent of damages.

Here's what Lepore reports:

What is it that the Marias, Johns, Richards, Joes -- and who knows how many more miscreants like them -- do every day that is illegal? They don't pay their bills, and they get away with it, thanks to the great state of Connecticut's small claims court system.

Not only is this sham of a court an accomplice to crime, it itself steals money from the victims of the dishonest and the unscrupulous. The court not only winds up costing the aggrieved money, it also robs them of precious time.

There is something worse for this joke of justice -- it may encourage others to flout the law.

The system works (against the innocent, of course) like this: If a working stiff sells goods or services worth less than $3,500 to someone, but the buyer fails to pay the bill, he can go to a small claims court to lodge a complaint.

Immediately, the Constitution State's small claims court will exact a $30 fee for its trouble. (Can you imagine having to pay whenever you report to police that you've been robbed?)

Now that the state has taken your money -- which it tacks on to the claimed amount -- and stolen your valuable time, you wait until the defendant is served notice of the complaint. If he's a John or Maria, he/she might know that the system is a travesty of justice and thumb his/her nose at it.

If the defendant challenges the claim, both parties are summoned to appear in court. If the defendant doesn't show, it's an admission of guilt. However, the complainant is out more time and expense for his troubles.

The charade continues, with the state issuing a judgment against the defendant, who couldn't care less about this toothless legal process. The thief receives notice of his/her obligation to pay up, say, $35 a week. If it's a John or Maria, they flush the Notice of Judgment or Disposition down the toilet.

All is not lost, however, because the great state of Connecticut, which has nothing to learn from these crooks about stealing money, albeit "legally," from working stiffs, has provided one last ray of hope for the victim.

At the plaintiff's expense, he can go to the marshal's office, which will try to find where the rotten Johns and Marias of this world do their banking, so it can satisfy the outstanding claim.

This last attempt at receiving justice is an absolute stupid step nobody should take, because the Marias and Johns of this world have already figured out, or knew all along, that the small claims court aids and abets criminals.

There is another way to get your money, according to a merchant on Main Street (who I'll call Jerry) who had also been stiffed by John and was expecting to be paid the next day.

How did Jerry, without the awesome power and authority of the great Constitution State, impress upon John to do the right and honest thing? "I politely explained to John, the crook, er, I mean the cook, that he had to pay up or I'd break his legs," Jerry said with an admirable economy of words, but sounding very unjudicial.

With a baseball bat or a two by four?

"It doesn't matter," said Jerry. "John doesn't relish having his legs broken either way."

Jerry's solution to the problem? Flush the small claims court system down the toilet and spend the $30 and time at Norm's pumping up his forearms.

Question from Beth: What has your experience been with small claims court? If there are truly no "teeth" in the court's judgments, how should this problem be solved? Personally, I think threatening to assault John or Maria might lead to even more trouble for hapless victims.

LINKS:

Small claims court in Connecticut

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Please send questions or comments to bbruno@snet.net.