PHILIPSBURG - Attorney Reynold Groeneveldt has presented a proposal to Parliament via the Permanent Committee for Justice to establish a small claims court to handle claims of up to NAf. 5,000 in an expedient and uncomplicated way. He outlined his proposal that requires no lawyers and a first step of mediation to the committee on Thursday morning in Parliament House.

 

Members of Parliament Patrick Illidge, Dr. Lloyd Richardson, William Marlin, George Pantophlet, Louie Laveist and Johan Leonard (committee chairman) welcomed the proposal and are eager to see the legislation handled to establish the court.

 

The court will not be presided over by judges, but retirees from the legal community. All proceedings will be verbal only, with parties presenting their arguments in English without need for written statements or an attorney. All forms needed to file a case will be pre-printed for parties to fill up without the need for a lawyer.

 

The judge in the cases will first seek mediation between the two parties before moving to a small claims court proceeding. All parties must appear in person when there is a hearing. If one party does not appear, a "default judgment" will be rendered and there is no chance of appeal in the small claims court, but counter-claims will be possible.

 

Judgment in the small claims court can be delivered immediately after the proceedings. All judgments of the court will be legal and binding as with any decision issued by the Court of First Instance and will be executable by a marshal.

 

The already burdened justice system will not be bogged down with small claims, as the small claims court will be part of, yet separate from the formal court system.

 

Groeneveldt sees the court as a way to ensure that every facet of society gets justice. He also sees it as a way to educate people about the legal system, because parties involved in a case will have to do some research into the matter they are presenting or contesting.

 

His proposal for the bench of judges includes attorneys Richard Gibson Sr. and Ralph Richardson, and retired notaries Francis Gijsbertha and Ferdinand Steeman. Groeneveldt said they would not require a salary and could possibly receive a stipend for their time. The judges for the court will be appointed by royal decree once selected. MP George Pantophlet (National Alliance) suggested that retired judge Wally Havertong be considered for the small claims court.

 

Groeneveldt, in addition to presenting his proposal, submitted to parliament and government a draft national ordinance to establish the small claims court under the Court of First Instance.

 

A budget needs to be drafted for the court. This is not expected to be very high. Groeneveldt said only an additional court recorder would be needed to keep track of the cases. Funds will also be needed to rent community centres for the hearing as it is proposed not to have small claims dealt with at the Courthouse.

 

Existing civil laws and procedures allow for "small claims" cases to a maximum of NAf. 10,000. However, those claims need to be battled in the Court of First Instance with a lawyer as a representative. The number of fees for lawyers, marshal, court filing cost and stamp duties is the major hurdles and is often a deterrent to people who want to file cases.

 

Lawyers often need a deposit of some US $1,000 when taking on a case and that's not feasible for people who are trying to recover amounts as small as NAf. 500, Groeneveldt said. "These matters don't come before the court so the claims remain unresolved."

 

The proposed small claims court will counter this and will provide an avenue for especially lower-income residents to get justice, he explained.

 

There is "a perception" that only people with money can go to court and get justice, Groeneveldt stated, adding that that perception needs to change. "We need to create a system for these kinds of small claims for people with very little disposable income to have their matter addressed. These residents also have a right to justice."

 

There is a second proposal for a small claims court put forward by Professor Jan de Boer, who updated the country's Civil Code. De Boer has suggested to parliament to use the legal procedures related to "small claims" to deal with civil cases involving up to NAf. 10,000.

 

Groeneveldt sees De Boer's option as "overloading the judges and court system" as it would require the same proceedings as a regular case and parties will need a lawyer. "People will not be able to recover small amounts."

The possibility of creating a small claims court for the country forms part of the Kingdom Law on judicial matters drafted in the lead up to the dismantling of the Netherlands Antilles and the attainment of country status by St. Maarten in October 2010.

 

St. Maarten, via then Country Manager, now Justice Minister Dennis Richardson, has insisted on the inclusion of the possibility of a small claims court in the kingdom law, a proposal at that time that was not well supported by other delegations. Now with the possibility in the kingdom law, Curaçao is also considering a small claims court.

 

(The Daily Herald)