SIMPSON BAY--The St. Maarten Bar Association has learned that government once again is looking into the possibilities of introducing a so-called Small Claims Court, but this provision already exists under current law, says Association Dean and attorney-at-law Remco Stomp.

 

"Fact of the matter is that we already have a small court provision in the law, as mentioned in Article 862 E.V. Rechtsvordering, with a court fee of NAf. 50 (US $27.50), but it is hardly used. Few seem to be aware of this," Stomp said.

Prime Minister Sarah Wescot-Williams said Friday that government was exploring the possibility of establishing a Small Claims Court for St. Maarten. "Given that sometimes there is a large burden put on our Court system by these smaller cases, we are exploring how we can establish a Small Claims Court," she said in a press release.

 

Stomp said Small Claims Courts had become very popular in countries such as the United States through heavily-televised shows on cable TV.

 

The Small Claims Court is intended to resolve civil cases involving claims of up to a maximum of NAf. 10,000 quickly and inexpensively. "Rules are simplified and the hearing is informal," Stomp explained.

 

Costs of the legal procedures are kept low because attorneys and marshals are not involved, as the claimant is allowed to present his or her case without the assistance of a lawyer.

 

Stomp wondered whether a NAf. 10,000 ($5,500) claim actually could be considered small for, for instance, a minimum-wage earner in St. Maarten. "Litigating without proper legal assistance may have serious (financial) consequences for the individual in that case. Such a person likely qualifies for a government-paid attorney or may find an attorney that would charge a modest fee," Stomp stated.

 

He also pointed at possible complications with the fact that bailiffs are not involved in delivering summonses to defendants who have to appear in the Small Claims Court.

 

"This means that a summons will have to be sent by registered mail. However, a properly working mailing system is essential for this," Stomp explained.

 

"Not only could the mailing system be a problem, persons not registering their correct addresses entail the risk of people not receiving their summons.

 

"This would likely result in undisputed and unfavourable verdicts, with as a consequence a flood of appeals, in which marshals and the regular Court will be involved nevertheless. The objective of a speedy and cost-effective procedure will then have not been met."

 

The initiative in itself to make legal assistance in financial disputes under NAf. 10,000 accessible and affordable for low-income earners is good, but there remain questions legislators ought to consider, according to Stomp.

 

"For instance, businesses would also have access to this Court, be it against a fee of NAf. 100 (US $55). This is cheaper than the regular fee of NAf. 450 and up. The filing of small claims might strain the system substantially if companies such as day loaners would start filing many small claims against their loan defaulters.

 

"If the various concerns are being seriously addressed the Small Claims Court may prove beneficial, but if not, then we should stick with what we already have," he warned.

 

(The Daily Herald)

 

Related article:

- Government explores possible court for small claims