The Small Claims Procedure

The small claims procedure for small claims was regulated by RSA 503 in 1973. This is an easy and quick way to explain why an individual appears before a judge in a district court or municipal court, presents his request and why another person or company owes his money It is an informal method. The Small Claim Court can claim up to $ 5,000 in damages (you can hear bigger claims, but the maximum is $ 5000). Although the Small Claim Court does not require, the individuals or companies involved in the lawsuit can be represented by a lawyer if you wish.

Small billing offers an intermediate position between formal litigation and ADR, which allows disputes relating to small claims to be resolved more quickly, cheaper, and in court. The main limitation of small disbursement processing is that they are limited to specific jurisdictions. In order to overcome this limitation, the European Commission has enacted the European Small Claim Process (ESCP). By January 2009, all EC member states are expected to implement ESCP ESCP is mainly a documented procedure for processing claims less than 2,000 euros for transboundary disputes. Its main advantage is that decisions can be made in every member country without requiring formal mutual recognition decisions (exequatur)

- Regulation No. 861/2007 / EC of the European Parliament and Board of Directors on July 11, 2007, enactment of the European Small Claim Procedure OJ (L. 199) 1. ESCP is primarily based on the official language of written judicial proceedings in all standard forms. It deals with low-value claims arising from cross-border conflicts within the EU and provides for direct enforcement of controversial decisions in any Member State. ESCP covers civil and commercial issues, but excludes requests for income, tariffs, administrative problems, legal capacity, will claims, etc. With current regulations, except for interest and attorneys fees, claims can not exceed 2,000 pounds. Of course, this program relies on ICT and standard format to avoid excessive cost. Therefore, ESCP itself is not an ODR process, but in the near future it is possible that this will be the first online bureaucratic process crossing the border.