Please note that if the claimant wishes to amend his claim particulars after filing Forms 1 and 2, he needs to apply in writing for permission to amend from the Adjudicator. Be prepared before you go to Small Claims Court. Both the claimant and respondent must attend the hearing. The above is not an exhaustive list. You may only file an action for money (not for the return of property or for any other remedy). The Adjudicator may ask the parties whether they are willing to settle. Small claims court may only be used for certain types of cases. ii. Hearing lists published for courts and tribunals. (Post vacant). The petitioner provides testimony in support of his or her case, followed by respondent's testimony. If the Adjudicator thinks it is necessary for the parties to provide further evidence, the trial will be adjourned to a later date. After the Adjudicator has approved the application, the claimant needs to attend the Tribunal Registry again to make the amendment and pay the prescribed fee. If you have questions of a procedure nature, before you file your claim, you can approach the Information Centre for assistance. Such evidence does not come from your personal knowledge and therefore is unlikely to be admitted by the Adjudicator as evidence.). They cannot be filed by any other means such as post, fax or email. Which is required by any law to be brought only before any other specified court. P.O. Small claims The Small Claims Tribunals hear claims up to $30,000. ], Central/Eastern: If, in the end, the claim still cannot be served, the Tribunal cannot deal with the claim. The span of a case depends on a number of factors, including the complexity of the case and whether the parties comply with the Tribunal's directions punctually. If the parties agree to settle, the Tribunal Officer will submit the settlement to the Adjudicator for a consent order. SMALL CLAIMS TRIBUNAL CAUSE LIST In The Magistrate Court, Rakiraki; before Mrs. Anita Raj Day: Monday Date: 5th December, 2022 Time: 10.00a.m NO. If a party opts to appeal, he must first apply for leave to appeal within time limit by filing Form 9 with the Registrar of the High Court. Unless the party has the Tribunals permission, the party should attend the hearing in person; otherwise the Tribunal may, in the absence of the party, dismiss the party's claim (if the party is the claimant ) or enter default judgment against the party (if the party is the defendant). The hearing happens only if the dispute was not resolved at the consultation. You can check the date, time and venue of your hearing through the Community Justice and Tribunals System (CJTS). All original documents which support your claim or defence (as the case may be) but have not been filed or served, and 2 sets of photocopies for filing with the Tribunal and service on the other party. You are not allowed to have a lawyer represent you. ABOUT US. The claimant can obtain this at the Business Registration Office of the Inland Revenue Department. The Adjudicator is not bound by his previous finding of facts. It should be noted that leave to appeal will not be granted unless the appeal involves a question of law, or the claim/ counterclaim is outside the jurisdiction of the Tribunal. The parties should also make sure their respective witnesses will attend trial on the trial date. ABC Company Limited), the claimant should make a company search to obtain updated information about its name and its registered office. Unless the application is supported by good justified reasons and evidence, the Tribunal may not allow such application. You may be able to get free legal advice through Free Legal Advice Scheme of the Duty Lawyer Service at some District Offices. Application for re-hearing is made to the tribunal only if it has made an Order. After a winning party has obtained a judgment for payment of money from the Tribunal, he may apply to the Bailiff Office of the Judiciary through the Tribunal for enforcement by way of a Writ of Fieri Facias ("FiFa"), if the judgment is not complied with. It is very important to note that no one can guarantee that an attempt for enforcement will be successful and an applicant for enforcement has to pay a deposit and expenses in advance when an application is filed. Ensure that it is within the Jurisdiction of the Tribunal, i.e. claim and counterclaim, will be transferred to the appropriate court or tribunal. Find out about the process and the fees payable. ii. Applying to the Court of First Instance of the High Court for leave to appeal. When your queue number is called, proceed to the tribunal magistrates hearing room. The forms can be obtained at the Tribunal Registry or the Information Centre. Witness statement is the usual form of evidence in civil proceedings. The proceeds will then be used to pay the money due to the winning party after defraying the necessary court charges. The Bailiff will seize and sell the judgment debtors goods by public auction if payment is not made into court. You may apply to set aside this order within a month of the order date. Order of the Tribunal is then issued at the end of the hearing. If there are sufficient goods and chattels to justify a seizure, the Bailiff will do so up to the amount endorsed on the writ, plus the estimated fees for execution. We also use cookies set by other sites to help us deliver content from their services. explain the law relating to the case to the parties; inform parties whom they might consider calling to give evidence; and. classifying a case as defended or undefended; helping to bring about a settlement (on a voluntary basis); and. Your witness must attend the hearing with you to give evidence on your behalf. Mr. Bir Chand The limit to the amount that a person can sue for in small claims cases is $20,000. A hearing will then be fixed by the Tribunal to deal with this application. You won't have a lot of time to tell your side. Box address and care of address are not acceptable. Please approach the Tribunal Registry or the Information Centre or browse into the Judiciary's website for details. If execution is unsuccessful, the costs of the attempt or attempts will be deducted from the deposit and the balance returned to the winning party. Claims inappropriately commenced in the Tribunal may be transferred to other courts or tribunals either at the call-over or at any subsequent stage of the proceedings. The defendant may approach the Tribunal Registry or the Information Centre or browse the Judiciarys website for details. Respond to a small claim The tribunal magistrate will be able to read these submissions in advance. But please note that these sample forms are for reference only and are not meant to be exhaustive. The winning party should think carefully before proceeding. Daily cause lists will be posted by 6:30 p.m. on the working day preceding the trial day. . Therefore, when attempting execution, if there is no one to answer the door or if the occupier refuses to let the Bailiff enter the premises in question or if there is difficulty in confirming whether the goods and chattels in the premises belong to the judgment debtor, the attempted execution would fail and there is nothing that this Tribunal could help in this regard. As the case goes along, more and more witness statements and documents will be filed and served by the parties. They can be downloaded from the Judiciarys website or obtained by fax via the Interactive Voice Recording System of the Tribunal. The defendant should file a defence with the Tribunal Registry (please mark 'defence' on the envelope) and send the claimant a copy of the same well in advance of the call-over date. Application for review by the Court of First Instance of Tribunal's decision to transfer a claim (SCT07) 81 KB. The English and Chinese versions can be found on the website:www.elegislation.gov.hk. The Judge has no power to reverse or vary the Tribunal's finding of facts. In such event, if it appears that the claim forms and notice of hearing have been properly served on the defendant and the claimant can provide sufficient evidence to prove his claim, the Adjudicator may enter default judgment against the defendant. ], Senior Court Officer: +679 892 7742 / +679 9922256, Court Clerk: +679 892 7743/ +679 9922256, General Enquiries: +679 892 7700 / +679 9922256. Well send you a link to a feedback form. Your small claim may proceed to a hearing if it is not settled at the consultation. iv. At trial, you relate to the Adjudicator what others had told you about how it happened. defence and counterclaim (if any) by the defendant; reply and defence to counterclaim (if any) by the claimant; other supporting documents such as surveyor's reports or photographs. Chan Tai Man and Chan Siu Man trading as XYZ Company), the claimant should obtain Business Registration Application of the defendant to ascertain its trade name and the principal place of business and/or the residential address of the proprietor or partners. Preparing your evidence for the hearing is just as important as preparing your thoughts. Tribunal shall have jurisdiction in respect of any claim which, Where a claim is made for the recovery of chattels, the value of those chattels; and. After the writ has been signed by the court, which usually takes 3 working days, it will be passed to the Bailiff Office for execution. The claimant is only required to fill in the relevant form, send it to the Tribunal and serve a copy to the defendant. The claimant or counterclaimant may execute or enforce an order by the Small Claims Tribunals if the other party does not comply with it. Prescribed witness expenses will have to be paid by the applicant. It is the second-most populous county in Texas and the ninth-most populous in the United States. Senior Court Officer II: +679 6661403/+679 9922311, Court Officer: +679 667 4287 / +679 8308910, Court Officer/General Enquiries: +679 668 0022 / +679 9922345, Court Officer/General Enquiries: +679 6669 4349/ +679 9922347, Court Officer: +679 3440 355 / +679 9922491. The forum is the Court of First Instance. At any stage before the Adjudicator gives his judgment, a claimant may discontinue his claim or a defendant his counterclaim by filing a Notice of Discontinuance of Claim or Notice of Discontinuance of Counterclaim. If the claim cannot be served on the defendant, the claimant will be asked at call-over to provide the defendants correct address, and if necessary, to verify it. unemployed, bankrupt or in liquidation, you may not be able to get your money back. The Information Centre is to provide services to potential litigants before a claim is filed. i. Ms Sitama Venkatappa Before a defendant can make payment into court, he must apply in writing by filling out an application form obtainable at the Tribunal Registry or the Information Centre, specifying the amount of the proposed payment in and whether it is in full or partial satisfaction of the claim. the claim is not more than $5000. 320/22 Subrails Furniture . Upon payment into court by the defendant, the Registrar of the Small Claims Tribunal (the Registrar) may remove the case from the call-over list and the Tribunal staff would inform the Claimant that the call-over had been vacated since the Defendant had paid such sum into court. Petition - Use this form to begin your small claims case. You have to note that civil litigation in the Tribunal may be a long-drawn battle, which will take months before the case is set down for trial and judgment of the Tribunal is passed. Enquiry and/or application of any kind in relation to any specific case by email is not acceptable, either. The Judiciary cannot be held responsible for the content of these sample forms. In Nassau and Suffolk Counties you can sue for up to $5,000. In New York City, you can sue for up to $10,000. For any other information, please do contact us. If the defendant does not appear at call-over, the claimant may apply for judgment against the defendant provided he can satisfy the Tribunal of the claim and that the notice of hearing has been served on the defendant. It will take only 2 minutes to fill in. File a small claim Find out about the Small Claims Tribunals and the process to file a small claim. Small Claim Forms. To save time and costs, the claimant should make sure the information provided is correct at the time of filing. The judge then awards the plaintiff an additional $75 in costs because the defendant failed to accept the offer to settle. The winning party has to make an appointment with the Bailiff in advance for this purpose. The Tribunal hearing officer may then question the parties. The most common types of small claims cases are: Claims for moneycivil actions where . What a defendant may do after receipt of the claim, General points to note about small claims proceedings, How to prepare for and conduct a hearing or trial, Application to set aside, review and appeal, Typhoon and Rainstorm Warning Arrangements, 3/F, Tower B, West Kowloon Law Courts Building, 501 Tung Chau Street, Sham Shui Po, Kowloon, 4/F, Revenue Tower, 5 Gloucester Road, Hong Kong, 13/F, Queensway Government Offices, High Block, 66 Queensway, Hong Kong, Suites 808-809 Harcourt House, 39 Gloucester Road, Wanchai, Hong Kong, LG2, High Court Building, 38 Queensway, Hong Kong, 10/F, Queensway Government Offices, High Block, 66 Queensway, Hong Kong, - where the claim exceeds $5,000 but does not exceed $25,000, - where the claim exceeds $25,000 but does not exceed $50,000, - where the claim exceeds $50,000 but does not exceed $75,000, Summons and copy, including service, each witness, Copy of any document (including written award or order) made in the Tribunal Registry and certifying the same (per page), Copy of any document (including written award or order) made in the Tribunal Registry (per page), Photostatic copy of document made in the Tribunal Registry and certification -, - for each page or portion of a page exceeding in size 210 mm x 297 mm, Such additional fee as the Registrar may fix, Translation of any document made in the Tribunal Registry and certificate (per page), Every search in the Tribunal Registry for each register, file or document, Transportation or conveyance expenses and overtime, according to distance and time (to be paid in cash), Actual expenditure plus 20% being administrative charges, Attendance of any Government official to produce or prove in the Tribunal any record or document called for by any party other than the HKSAR Government, Attendance of any Government official to give any other evidence in the Tribunal -, (b) when not called as an expert (per hour) or portion of an hour of attendance, Filing any affidavit or declaration (other than affidavit or declaration of a bailiff of Court) (including administering any oath or taking any declaration in the Registry), Filing any notice or document in the Tribunal not hereinbefore referred to (other than a notice or document expressing an intention not to proceed with a claim or defence), Sealing any document in connection with proceedings in the Tribunal not hereinbefore referred to, Any other matter or proceeding not hereinbefore referred to and for which no fee has been specified herein, Amendment of claim forms (per amendment application), Bailiff to deliver claim documents (per address), * Note : Travelling expenses for witness (Non-government official), What to consider before you start a claim, Things you should pay attention to if you decide to file a claim with the Tribunal, Assistance you can get from this series of pamphlets, When a defendant agrees to pay whole/part of the amount claimed, When a defendant agrees to pay but asks for time to pay or payment by instalments, When a defendant disagrees with whole/part of the claim but does not have a counterclaim, When a defendant disagrees with the claim and has a counterclaim, What kind of hearings will there be from the beginning to the end of a case, Application for amendment to claim or counterclaim, Copy documents to be filed with the Tribunal and served on the other party. Photographs should be affixed on A4 size paper and numbered. Unless permission is granted and the hearing date is vacated by the Tribunal, parties must attend the hearing as originally directed or scheduled. Under such circumstances, the winning party should seek legal advice and consider other alternatives to enforce the judgment. Applicant would be notified of the outcome as soon as possible. iii. The proceedings were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings; or. Cheques should be crossed and made payable to "HKSAR GOVT". An association, partnership, or corporation may also file a claim in Small . Small claims tribunals Other regulators & government agencies Buying products and services Pricing Problem with a product or service you bought Advertising and promotions Debt Protecting yourself Petrol and fuel Telcos and internet Consumer products and activities Online shopping Selling products and services Pricing Business operations and costs It can also be downloaded from the Judiciarys website or obtained by fax via the Interactive Voice Recording System of the Tribunal. For the claimants documents, the pagination should start with "C" so that the first page is "C1", the second page is "C2", etc. P.O. Any person over the age of 18 years can sue in Small Claims Court. It is advisable that in the witness statement, the facts should be set out in a chronological order with separate numbered paragraphs. Small Claims Court hearings are usually held at 6:30 p.m. Dallas County is a county located in the U.S. state of Texas. Find out what it means if you receive a notice about a small claim made against you and what you need to do. In that case they should prepare their own witness statements. They cannot give you legal advice, e.g. FILE NO PARTIES S/S SNS NO. If the parties are willing to settle, the Adjudicator will make an order. identifying the main issues in dispute if a settlement is not reached. A witness who is found not to have told the truth in court may be liable to criminal prosecution and imprisonment. attend the hearing and tell their side. Part V Rules of Practice in Justice Court; Texas Civil . If it is necessary for the purpose of the Act to ascertain the value of any chattels or work or to resolve any dispute as to such value, that value shall be determined by the Tribunal in such manner as it thinks fit. Calendar to be updated here when dates are confirmed. The Tribunal will not take initiative to enforce the judgment for the winning party, i.e. Thereafter the defendant and/or his witnesses will give evidence. Appeal is to the Court of First Instance. apply to the Court of First Instance of the High Court for leave to appeal. If the defendant is financially unsound, e.g. If the defendant is a firm, you should bring a copy of its Business Registration Application. A counterclaim will be heard at the same time as the trial on the claim. When the claim is filed, the claimant is required to pay prescribed filing fee. If you are a corporation, a copy of the updated Annual Return (obtainable from the Companies Registry). Tribunal shall have jurisdiction in respect of any claim which does not exceed $5,000 in value. However, it can be expensive. If execution is successful, the costs will be defrayed from the proceeds of sale and the deposit returned to the winning party. Small claims cases cannot be used to sue a government entity, to sue for . Each party to the proceedings must collect evidence to support his case. After the judge gives the judgment, the plaintiff shows the judge his offer to settle. The person who files a claim is called a "Claimant". In such event, appointing an expert to prepare a witness statement or an expert report may be necessary. You or the person appearing on your behalf must show proof of age, or disability, or nighttime employment. You can also refer to the website of the Duty Lawyer Service. Sample completed Forms 1 and 2 are displayed at the Information Centre. The claimant may appoint a representative to file the claim on his behalf. The claimant and/or his witnesses will give evidence first. It is advisable for the claimant to obtain all evidence, in particular, written statements from the witnesses at an early stage. Box address and care of address are not acceptable. The defendant must also state whether costs, if any, is included in the proposed payment. Protect SCT Registrars and court The appeals may be made on the following grounds: If the Tribunals order is not complied with by the respondent/party, the applicant may file the Complaint form for enforcement and the following may be applied: [Note: Please refer to the information provided under the Magistrates Court Civil link (Enforcement of Court Orders). If you are a firm, a copy of the Business Registration Application (obtainable from the Business Registration Office). As of the 2010 census, the population was 2,368,139. state the amount of the claim in Hong Kong Dollars, state how the amount is calculated with breakdown, use a separate sheet of paper if necessary. However, if the other party does not insist on production of those photographs or sketches by their makers, calling of the makers can be dispensed with. They are not meant to be the samples that suit your case. If a claimant is absent from any hearings or at trial, his claim may be struck out for want of prosecution. The parties should make careful notes of all evidence they wish to adduce at trial so that nothing important will be left out. Ensure that the affidavit of Service (proof of service of the Claim on the respondent) is fully completed and witnessed by a Commissioner for Oaths. Both parties should be available to explain themselves. The trial process in the Tribunal is, like other courts in Hong Kong, adversarial. In any case, we will give you an interim reply within 10 days and a full response within 30 days of receiving a letter. Refer to this checklist on what to prepare before going to court. Usually the claimant and the defendant may wish to give evidence in court themselves. The winning party should write back to the Bailiff Office with further instructions within 14 days from the date of execution. Daily Cause Lists; The Warned List; Information for parties to proceedings Where a document is coloured and the coloured part carries significance, you should file with the Tribunal and serve on the other party coloured copy of that document. Forms 1 and 2 have to be filed at the Tribunal Registry in person. If you appoint a representative, ensure he is familiar with the facts of the case. A partner should sign if the claim is made by a partnership and write down his full name together with Partner next to his signature and affixed with company chop (if any). HMCTS publishes courts and tribunals lists and forthcoming hearings in different ways across jurisdictions: Crown Court, magistrates' court, County Court and Employment Tribunal hearing. After the party has filed the 8C application, an Adjudicator, normally the same Adjudicator who presided over the trial, will hear the application. A temporary judge is an attorney who has been licensed for a minimum of 10 years to practice law in California and who volunteers to assist the court by hearing certain kinds of cases. District Court Service Center: 808-538-5629. JP 3-1 | Small Claims. The defendant must owe the debt to the plaintiff or, on a counter affidavit, vice-versa. Affidavit/Affirmation form. For details on how to enforce a judgment, please refer to Pamphlet 8 "How to enforce a judgment". If the claim still cannot be served, the Tribunal may allow other means of serving. The Registrar of the High Court may extend this time limit on good cause. For example, you may negotiate an instalment payment with the intended defendant. A form for such application (Form 409-S) can be obtained from the Tribunal Registry or the Information Centre. The presiding judge will be a Tribunal Member, Administrative Law Judge or Hearing Officer. You will have to pay various fees to the Tribunal at various stages of the case. Form 8C can be obtained from the Tribunal Registry or the Information Centre. Some lists are published daily and weekly on GOV.UK. After filing the counterclaim, the defendant is required to serve a copy of the same on the claimant himself by post. In this section Get Help with Your Case Rules & Forms NOTICE Before you start a claim in the Tribunal, you should consider if you may settle the matter with the intended defendant by other means. (Only the Defendant can request a hearing.) If there is no settlement the Tribunal will proceed to hear and determine the claim. 2877 4068 during office hours to enquire about the arrangements. In that case, it is necessary to prepare a number of witness statements, each of which should contain an account of facts the statement maker, i.e. In general, from the beginning to the end of a case, the proceedings can be divided into three stages, namely, call-over, mention hearing(s) and trial. If the defendant is a corporation, you should bring the most updated information about its registered office(obtainable from the Companies Registry). Further appeal is to the Court of Appeal. Small Claims Court hearings are usually set for 30 minutes total. Please write down the claim number, the name of the defendant and the contact phone number at the back of the cheque. The Court of First Instance has no power to reverse or vary what the Tribunal has determined on questions of fact. Common types of disputes involve goods, services, or residential tenancy agreements not exceeding 2 years. You may not need an attorney, and the rules are simpler than in most court proceedings. After the complaint has been filed, the court does two things: 1) schedules a hearing on the claim 30 to 40 days from the date of filing with notice to the . Before trial, the witnesses should refresh their memories of what they have stated in their witness statements. They do not intend to be a summary of the civil practice at the Tribunal. direct parties on how to prepare for the trial, including directing the parties to exchange witness statements and other supporting documents before a specified date (if you do not comply with the Adjudicator's direction, you may lose your case and/or lose costs to the other party). (a) Information display system showing Daily Cause Lists; (b) Computer terminals with access to the judiciary website, interlinked with relevant government departments/agencies such as Companies Registry and Inland Revenue Department; (e) Pamphlets on procedural advice at various stages; and. The party who wins the case may be able to recover the above expenses. If you appoint a representative, a proper letter of authorization. For the defendants documents, it should start with "D" so that the first page is D1, the second page is D2, etc. v. Ms. Menani Vatucicila The information on this web page is for private use only. What is a "small claim" A "small claim" is a claim for money involving $75,000 or less. For enquiries, please contact the respective court registries. The following table may help you decide whether to apply for a review or for leave to appeal. This series of pamphlets includes the following: The following is the contact details of various organizations which the litigants may find useful to approach when handling a case in the Tribunal: Interactive Voice Recording System of the Small Claims Tribunal, Business Registration Office, Inland Revenue Department, Central Telephone Enquiry Centre, Home Affairs Department. 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