[CLBS] small claims jurisdiction

Thu Nov 20 11:53:04 MST 2014

Ryan, does your client want to move it to small claims court to avoid the potential legal fees?  Or did your client file in Magistrate, and somehow the defendant got it changed over to small claims court?  Or it was filed in small claims court?  I do not think that a defendant can move the case to small claims court.  Jed has suggested an approach by which a defendant could move from small claims court to a non-small claims magistrate, but I do not read your inquiry as raising that scenario.

I suggest that the Plaintiff may file in small claims court if he chooses but is not required to do so.  The Plaintiff cannot be required, in my view, to not use an attorney.  Small claims court is an option for people who want to avoid the expense of an attorney, but I do not see how this can be mandated in all cases under $5,000 (which s the statutory cut-off, not $1,000, 1-2301).  I think that plenty of collection agencies sue for less than $5,000 and not in small claims court.

If you or your client did not file in small claims court and the defendant has moved it to small claims court, then I think you should talk to the clerk of court and ask why this happened.  Unfortunately, this is the kind of procedural issue that could create a much larger dispute over procedure.  One of the issues is that in small claims court you may not have a jury trial, so if you want a jury trial, over a $300 matter, then you cannot go to small claims.

Note that Title 1, Chapter 23, addresses small claims and 1-2311 allows any party to appeal to a lawyer magistrate.  It appears that the appeal is heard de novo.  The attorney fee is limited to $25 to the prevailing party.

And, in a  nod to Rosanna Rosanna Danna, of SNL fame for those of you too young to know, who could not understand why anybody would oppose violins in schools, if I misunderstood the question, well, never mind.

Randy French
www.bauerandfrench.com

Bauer & French
Attorneys at Law
1501 Tyrell Lane 1P.O. Box 2730 PBoise, ID 83701-2730
(208) 383-0090 ( Fax: (208) 383-0412
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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jeff Wilson
Sent: Thursday, November 20, 2014 11:19 AM
To: Jed Manwaring; Ryan Farnsworth; Bankruptcy list
Subject: Re: [CLBS] small claims jurisdiction

I would agree

Jeffrey M. Wilson
Attorney at Law

WORST, FITZGERALD & STOVER, PLLC
OF COUNSEL
WILSON & MCCOLL
3858 North Garden Center Way, Suite 200
P.O. Box 1544 | Boise, ID 83703
(208) 345-9100 | Fax: (208) 384-0442
jeff at wilsonmccoll.com
www.magicvalleylaw.com
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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jed Manwaring
Sent: Thursday, November 20, 2014 11:09 AM
To: Ryan Farnsworth; Bankruptcy list
Subject: Re: [CLBS] small claims jurisdiction

See Rule 81(b)and (c).  What I have done is file my compulsory counterclaim in Magistrate's division and the small claims case then gets pulled over and consolidated.   If there is no counterclaim, then ????  You may be stuck there.

Jed W. Manwaring

1161  West River St., Suite 100
P.O. Box 959
Boise, ID 83701
(208) 384-1800 Tel.
(208) 345-3514 Fax.
jmanwaring at evanskeane.com

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Ryan Farnsworth
Sent: Thursday, November 20, 2014 11:04 AM
To: Bankruptcy list
Subject: [CLBS] small claims jurisdiction

If a case is filed in magistrate court over a $300 dispute, in no case over $1000, can the defendant force the case to small claims, or are they stuck in magistrate court?

Ryan Farnsworth
Avery Law
Idaho Falls, ID
208.524.3020
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