Putting teeth in the law of small claims
Editorial, Lewiston Sun Journal, Aug. 22:
There's just no winning. Even when you win.
An investigation into the state's small claims legal system by the Sun Journal has found that winning a judgment often falls short of actual justice.According to estimates from the clerks, who are in the best position to know, maybe one-third of the people who win their cases actually receive the award they are due.
The system is broken and should be fixed.
The most obvious problem is that the law has no teeth. After a judge has ruled in favor of a plaintiff, the real work of collecting begins. The burden of proof still rests with the plaintiff, while the deck is stacked in favor of the person who is sued. ... www.sunjournal.com/opinion/ourview/20040822100.php
There's just no winning. Even when you win.
An investigation into the state's small claims legal system by the Sun Journal has found that winning a judgment often falls short of actual justice.According to estimates from the clerks, who are in the best position to know, maybe one-third of the people who win their cases actually receive the award they are due.
The system is broken and should be fixed.
The most obvious problem is that the law has no teeth. After a judge has ruled in favor of a plaintiff, the real work of collecting begins. The burden of proof still rests with the plaintiff, while the deck is stacked in favor of the person who is sued. ... www.sunjournal.com/opinion/ourview/20040822100.php
posted by David Farmer at 1:08 PM
0 Comments:
Post a Comment
<< Home