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INCREASE ESSENTIAL FOR SMALL CLAIMS LIMIT

 

 

 

PREPARED FOR : THE ASSEMBLY COMMITTEE ON CORRECTIONS

                                  & COURTS

DATE                     : February 13, 2008 

Justice should not be denied.  It is the cornerstone of American life.  Regrettably, justice is denied daily in Wisconsin when citizens including small business owners are unable to have their day in court.  AB 579 solves that problem. 

A significant increase in the small claims court jurisdictional limit will provide a significant increase in justice on Main Street in Wisconsin.  WIB is grateful to Chairman Bies for scheduling today’s hearing.  We especially want to thank Representative Joan Ballweg for her tireless efforts to keep this issue alive.  Assembly Bill 579 is important small business legislation and Wisconsin Independent Businesses urges its passage by the legislature.

If your business is owed between $5001 and $10,000 you are likely to find justice denied in most Wisconsin counties.  The amount is too large for small claims court and too small to make it practical for an attorney to file a circuit court lawsuit.  The business can reduce the claim to $5000 and forfeit the additional money owed.  The business also can give up trying to collect the money that is owed.   Neither of those options is desirable.  Neither option provides justice.  Raising the small claims court jurisdictional limit to $10,000 will make it much easier for a small business to pursue significant sums of money rightfully owed to the business. 

WIB recognizes the legitimate issues raised by Wisconsin counties who oppose this legislation.  The opposition has left them in the uncomfortable position of both working within the judicial system while advocating the denial of justice to some state citizens.  WIB is renewing our offer to work with anyone who wants to find a solution to the court funding crisis.  It is certainly in the best interests of justice that we begin to work toward a solution immediately.  Ultimately-- sooner rather than later – the pressure to raise the small claims court limit will be so great that an increase will be inevitable.  The counties and others concerned with justice will be best served if we solve the funding crisis now! 

WIB has 30+ years of experience working closely with individual members filing small claims court cases. We provide them with information and assistance.  Justice should not be delayed or denied because budgets are too tight or judges and court commissioners are too busy.  The people of Wisconsin expect our court system to dispense justice.  We believe that this significant increase in the small claims court jurisdictional limit will provide a significant increase in justice for small Wisconsin businesses who deserve justice.  Raising the small claims court jurisdictional limit is the right thing to do.  WIB urges the committees to support this important legislation
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WIB: Wisconsin Independent Businesses

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