Paper: Houston Chronicle Date: Sat 11/17/2007
Section: Business
Page:
1
Edition: 3 STAR
LAW / Docket looms larger for small claims / Money limit doubles to $10,000 in
court where even lawyers are optional
By MARY FLOOD
Staff
IN this court, lawyers, three-piece suits and even ties are optional.
It's small-claims court -
Judge Judy country. In fact, that TV show and at least three others come to these local courts to lure away the juiciest cases.
This
is where small businesses and average citizens seek justice without a lot of legalese or attorney's fees. In fact, the
judge isn't even required to be a lawyer.
In Houston, small lawsuits land in the 16 Harris County justice of the peace
courts. There they compete on chaotic and crowded dockets with animal seizures, evictions, truancy cases, traffic tickets,
bad checks and weddings.
Because the money limit just doubled to $10,000 from $5,000 in September, small-claims court is about to get busier.
"We
expect a whole lot more cases," said Harris County Justice of the Peace Dale Gorczynski, who presides over the Precinct
1, Place 1 court.
About 1,100 small claims were filed in his court in the last year, according to his chief civil clerk, Alan Cerny.
These
lawsuits are often consumers against small businesses, small businesses against each other or citizen versus citizen. A lot
have to do with car repairs and purchases. Another set of small claims is about home repair - either homeowners suing over
allegedly imperfect work or contractors suing for not being paid. And then there are the suits among family members, former
friends and ex-lovers.
Court is informal, few folks dress up and most aren't fully prepared. The judge sends just about everybody off
to talk to a law student "mediator" and there is a tiny six-seat jury box for when someone demands a jury.
The clerk's
office that takes the complaints and $80 fees to file them has signs reading "Clerks cannot give legal advice."
Gorczynski said the rule of thumb is if the clerk can summon the answer in about 30 seconds, it's information. If it takes
more pondering, it's legal advice.
In Gorczynski's court, at 7300 N. Shepherd, one day last week there were eight
small-claims cases on the docket. Five settled before coming to court, and a case against a Chevrolet dealer was dismissed
because no one showed up.
Paul Edwards was there because his physical therapy staffing company, Edwards Therapy Staffing,
sued a home health care company that stopped paying for prescribed therapy his staff was compelled to complete.
"We wanted
to be in small claims. We were stiffed for $16,000. But you hire an attorney for a $16,000 case, it's the same work as
if you hired one for a $16 million case," Edwards said. He wanted to leave lawyers out of it.
But the judge would not allow
him to cut his $16,000 claim into smaller pieces to try it in small claims.
Edwards had been luckier last time.
"Just filing the small claims
lawsuit got another company to pay us $8,000 they owed," he said. "Small claims could have saved us a lot of grief
this time, too."
Car cases predominant
Gorczynski said 75 percent of the cases he sees in small-claims court are about buying, selling
and repairing cars.
"I'm convinced a really good mechanic could be a pretty good small-claims judge," he said. "I'd
guess in the early days of justice, a lot of the cases had to do with horses, too."
When Janice Shepherd and Robert McKee came
forward with their claim and counterclaim, it might have seemed to be about a car, too, but the judge said it was easy to
see this case fell into the category he calls Love Gone Wrong.
Shepherd wanted $5,000 from McKee for damaging the engine in
her 1995 Altima and causing her pain and suffering. McKee countersued for some loans he'd made to her and the cost of
her dining room table and chairs he'd bought her.
"You can tell you have a Love Gone Wrong case from the moment they stand
up," the judge said. "They bolt out of their seats and look like they are ready for physical combat."
Because one of them
was injured, Gorczynski came off the bench and sat across the table from the estranged couple, who said they'd been together
on and off for years. The judge asked each one to write on the blackboard the costs they wanted from the other, he listened
to their complaints, and watched Shepherd riffle through her red case of papers, unable to find documents she said she had.
In
the end, the verdict was based on a piece of paper. McKee was awarded $300 he lent his ex-lover after the judge saw she signed
a contract with him promising repayment or to hand over her widescreen TV. Shepherd, who brought the original suit, got nothing.
Suit
over Jamaica trip
Among the most interesting small claims Gorczynski said he's handled was filed by a spurned man who sued for
the cost of a wedding dress he bought his fiancee. She not only broke up with him but soon married another man in the dress.
Verdict for the lonely dress purchaser.
Then there was the case of the llama named Lorenzo who got into a neighbor's corral
and bit some horses. Lorenzo Llama and his owner did not have a good excuse for this behavior. Verdict for the horse owner.
Another
memorable claim was made by a man suing his ex-girlfriend for half the cost of a trip to Jamaica. Gorczynski found that the
man had unmet expectations, but that didn't change that the girlfriend thought he was paying. Verdict for the girlfriend.
The
judge said most of the cases, be they between businesses or exes, come down to what's reasonable - reasonable expectations,
reasonable outcomes and what reasonable people would have done or have said.
...
THE PEOPLE'S COURT
Small-claims lawsuits are heard in Texas
Justice of the Peace courts. Here are some of the facts:
Claim must be for less than $10,000.
Filing fees and fees to serve the person
or company come to $80.
The lawsuit must be filed in the home county of the person or company being sued.
You don't need a lawyer.
If either side skips
the court date, it could lose the case on the spot.
Credit agencies can't sue in small-claims court.
You aren't supposed to scream,
as some on TV do. Calm goes a long way.
A small-claims ruling of more than $250 may be appealed to a county court at law
Source: Harris County