INCREASE SMALL CLAIMS LIMIT!

February 13, 2008

“Justice, the cornerstone of American life, should not be denied.  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,” says Wayne Corey, executive director of Wisconsin Independent Businesses in remarks prepared for the Assembly Committee on Corrections & Courts.  AB 579 increases the small claims court jurisdictional limit from $5,000 to $10,000, the first increase in a dozen years

 A business owed between $5001 and $10,000 will 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 has two options.  It can reduce the claim to $5000 and forfeit the additional money owed.  The business also can give up trying to collect anything.   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 working within the judicial system while also advocating the denial of justice to some state citizens.  WIB is committed to working 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, 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 in AB 579 is the right thing to do.  WIB urges the committees to support this important legislation.