Read and translate the text. Is there a small claims court in your community?

Is there a small claims court in your community? If so, where is it located? What is the filing fee? What is the largest amount of money that can be award­ed? Are lawyers permitted in this court?

Small Claims Court. In the early 20 century, court reformers rec­ognized that the typical civil court was too slow, expensive, and com­plicated for many minor cases. These reformers proposed a “People’s Court” designed to give citizens their day in court for small claims.

Today, every state has a small claims court, where you can sue for small amounts of money. The maximum award varies depending on the state. Filing a suit in small claims court is very inexpensive. Attorneys are not required (in some states they are not allowed), and there are few time–consuming delays. Filing a suit in small claims court involves three general steps.

First, call or go to the local courthouse to discuss your case with the court clerk. The clerk will be able to determine if the court can handle your claim. If so, you’ll be required to fill out some forms and pay a small filing fee (from $2 to $15). To fill out the forms, known as a complaint or statement of claim, you’ll be asked for the name and address of the party you are suing, the reason for your complaint, and the amount you are asking for. The amount you ask for should be based on the loss you incurred.

Second, prepare for your case in advance. In most states, the court will notify the defendant of the date and place of the hearing. In the meantime, you should gather all the evidence necessary to present your case. This includes receipts, letters, canceled checks, sales slips and estimates of repair. If a defective product is involved, be sure to bring it along, if possible. Contact all witnesses to be sure they come to court. Uncooperative witnesses can be subpoenaed. This means they can be ordered to appear in court. If you have time, visit the court before your hearing so you’ll know what to expect. Also, practice presenting your case to a friend beforehand.

Third, be on time for court on the date scheduled for the hearing. If for any reason you can’t make it, call the court clerk to ask for a postponement called a continuance. Once your hearing begins, the judge will ask you to tell your story. Do this by presenting your facts, witnesses, and any evidence you may have. Don’t get emotional. Be prepared for questions from the judge. After both sides have present­ed their stories, the judge will make a decision.

Find the equivalents of the following words and
expressions in the text.

Суд мелких тяжб, стоимость подачи заявки, задержка, служащий суда, разбирать судебное дело, заполнить анкеты, нести потери, подготовиться заранее, слушание дела, свидетели не желающие сотрудничать, откладывание слушания, вынести решение.

Answer the questions:

1. What are small claims courts?

2. What do you know about their history?

3. Why was it necessary to open them?

4. What cases do they handle?

5. Are there such courts in Russia?

6. Is filing a suit in small claims court expensive?

7. Are attorneys in small claims courts required?.

8. What are three general steps for filing a suit in small claims court?

9. How can you prepare for your case in advance?

10. What does all the evidence necessary include?

11. What can happen to uncooperative witnesses?

12. What should you do if for any reason you can’t be on time for court on the date scheduled for the hearing?

Problem–solving:

a. Copy the complaint form (or get a copy of the form used in your local small claims court). Fill out the form with a complaint that you have had or that a friend or a family member has had. Write a short description of the events giving rise to the claim.

b. What would you do if you were notified that you were being sued in small claims court for failing to pay a bill? What would happen if you ignored the notice or did not show up in court?

c. Do you think small claims courts should follow normal court rules? Should lawyers be allowed? Why or why not?

Role–play.

Roles:

1. Victim.You want to apply to small claims court (think why). Roleplay the three general steps and present your case in court.

2. Court clerk. Help the applicant to fill out the forms and give necessary advice.

3. Uncooperative witnesses. First you don’t agree to go to the court (give your reasons), then you are ordered to go and give the evidence.

4. Friend. Listen to your friend’s presentation before he/she does it in the court and give advice.

5. Judge. Listen to the presentation of the case, to the witnesses, ask questions and make decision.

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