'Biting the apple' in small claims court

Tue, 09/23/2014 - 10:00am

There is a long-standing legal maxim that we only have “one bite of the apple,” meaning that for any given legal matter, we usually have only one opportunity to come before a court and have our case heard.

Lincoln County residents come to Small Claims Court almost every month, seeking decisions for their claims in what is often referred to as the “most beautiful courthouse in the state.”

The journey upstairs to the District Court begins weeks or even months before, when the person filing a claim (the “plaintiff”) completes the necessary paperwork and submits it to the Court Clerk, along with the $50 filing fee.

The person being sued (the “defendant”) receives a notice from the court about the suit and is given the date and time that they need to appear for their hearing.

Any claim filed in Small Claims Court cannot exceed $6,000, and if one of the parties does not appear in court at the designated time, the presiding judge issues a “default judgment” in favor of the party who is there.

On Tuesday, Sept. 16, there were almost 20 claims that were scheduled to be heard by District Court Judge Patrick Ende, ranging from debt collection to winter driveway maintenance.

Bethany Bennett was there to pursue payment for services she rendered in boarding horses for an acquaintance.

“Originally, I contacted a lawyer, but the other party did too and this seemed like a good alternative,” Bennett said. Those submitting claims to the court do not need to have an attorney and may represent themselves.

If the parties are still in dispute when they arrive in court, they do not immediately proceed to a hearing before the judge. Under Maine law, they are first required to meet with the mediator who is in the courthouse and assigned to the Small Claims session.

William J. Van Twisk, a highly experienced mediator, was standing by on Sept. 16.

“Most people coming to court expect to have their case heard by the judge and don’t know about mediation,” Twisk said.

Judge Ende said he is appreciative of the mediation process because it’s not “a winner take all situation.”

The small claims process is designed to be quick, efficient and informal. Most of the suits filed here involve monetary issues and there is no jury and a suspension of the more formal legal rules of evidence.

As Judge Ende explained, “Justice applies but the rules of evidence don’t apply.”

Because of this, certain information (like estimates for work) may be entered into the record without needing to have witnesses appear. The judge was patient, thorough and thoughtful in making sure that those appearing before him understood everything that was happening in court.

And Bethany Bennett’s claim? It was resolved that day in mediation when she and the defendant agreed to a payment for the boarding fees.

Perhaps the horses will benefit from her bite of the apple, too.