9-9-2003
Small Claims Court
addresses issues of fairness
By Temple A Stark

“It’s not fair.” Ever said that? “Small Claims” court may be the answer.

Small claims courts are where rights encountered every day are protected. No such large constitutional issues as “free speech” or the right to bear arms are ruled upon.

But the minor grievencanes that can disrupt a day and violate the typical person’s strong sense of fairness come into play every day.

The current financial limit for redress at small claims courts in both Pierce and Kitsap counties is $4,000. In just the last couple of years this amount doubled, mostly to take some of the workload away from the rest of the court system. “Small” or civil claims are part of the District Court system.

Small claims court judges rule on the same type of issues that are seen on the television programs, The People’s Court, Judge Judy and others. Except, perhaps, without the same level of histrionics.

Kitsap County tries to make the process as simple as possible. It offers what it calls a “brochure” online which addresses basic questions, available at (www.kitsapgov.com/dc/small_claims_brochure.pdf).

Whether you get called into small claims court or are the one serving the claim, it is designed to be as far removed from “legalese” as possible.

“Remember that a trial in small claims court is informal,” The judge will ask the plaintiff to give his or her side first, then will ask the defendant for his or her explanation. Be brief and stick to the facts. The judge may interrupt you with questions, which you should answer to the best of your knowledge.

And the judge during proceedings in Kitsap County is likely to be Judge Steve Holman or Judge Dan Phillips.

One item most people forget is that small claims cannot enforce the collection of their decisions directly. But, as they say, they know somebody who can.

“You may request, in writing, that a transcript be issued,” the Kitsap court brochure advises. “This enables you to proceed with a method of collection such as garnishment of wages, bank account and other monies of the defendant; or an execution may be issued on cars, boats or other personal property of the judgment debtor.”

Send any notice of claim, along with a $25 filing fee to the Kitsap County Courthouse, 614 Division Street, MS-25, Port Orchard, WA 98366. The court can be reached by phone at (360) 337-7144 or toll-free from Bainbridge Island, (206) 842-2061 or Olalla, (253) 851-4147

The Pierce County District Court, civil and infraction division is located at 1902 96th St. S, Tacoma, WA 98444 and can be reached at (253) 798-7487 They also have an automated information line, (253) 798-7474.

Cases not heard in a small claims court include:

  • Traffic and non-traffic infractions
  • Criminal and criminal-traffic misdemeanors and gross misdemeanors
  • Civil matters for damages for injury to individuals or personal property and contract disputes no greater than $50,000
  • Name changes
  • Anti-harassment protection orders

(Temple A. Stark is a free-lance writer. Reach him at temple@templestark.com).