[CLBS] small claims jurisdiction

Thu Nov 20 11:58:19 MST 2014

The person that has asked for my help can't really afford to pay me, and is
the defendant in a collection case that was filed in non-small-claims
magistrate court, but would probably fare well in small claims court.

I think Randy has answered the question directly.

Thanks

Ryan

On Thu, Nov 20, 2014 at 11:53 AM, Randal French <RFrench at bauerandfrench.com>
wrote:

> 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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