Chapter
300
2004 -- H 7474 AS AMENDED
Enacted 07/03/04
A N A C T
RELATING TO SMALL CLAIMS AND
CONSUMER CLAIMS
Introduced By:
Representatives Lally, Enos, Shanley, and McNamara
Date
Introduced: February 03, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Section 10-16-1 of the General Laws in Chapter 10-16 entitled "Small
Claims and Consumer Claims"
is hereby amended to read as follows:
10-16-1.
Actions subject to chapter. -- In all ex contractu civil actions and in
any action
to recover the amount of any tax
for money only not in excess of one thousand five hundred
dollars ($1,500) two thousand five hundred dollars ($2,500)
exclusive of interest and costs, and in
all actions or suits to recover
damages resulting from a retail sale of tangible personal property to
a member of the general public or
from services rendered to a member of the general public in
which the plaintiff seeks to
recover an amount of money only not in excess of one thousand five
hundred dollars ($1,500) two thousand five hundred dollars ($2,500)
exclusive of interest and
costs, and in all actions or suits
based upon a negotiable instrument involving an amount of
money only not in excess of one thousand
five hundred dollars ($1,500) two thousand five
hundred dollars ($2,500) exclusive of interest and costs, the procedure shall,
at the plaintiff's
election, shown by his or her
waiver of appeal, be as provided by this chapter.
SECTION
2. Section 10-16-4 and 10-16-5 of the General Laws in Chapter 10-16 entitled
"Small Claims and Consumer
Claims" are hereby amended to read as follows:
10-16-4.
Filing fee -- Waiver of appeal. -- (a) The plaintiff shall pay into the
court an
entry fee of ten thirty
dollars ($10.00) ($30.00), of which five dollars ($5.00) shall
be deposited
into the "court improvement
project fund" established pursuant to the provisions of chapter 29.1
of title 9, ten dollars ($10.00) shall be placed in a
"small claims mediation fund" together with an
amount equal to the then prevailing
postal rate, for mailing notices in the case, which shall be
deemed the beginning of the action.
The "small claims mediation fund" shall be established
under the control of the state
court director of finance; the chief judge of the district court shall be
authorized to retain the
services of qualified mediators and to direct payment for such services
from the "small claims
mediation fund."
(b)
The plaintiff shall also file with his or her claim a written waiver of right
of appeal.
10-16-5.
Rules of procedure. -- (a) The judges of the district court
shall make such
orders and rules as they deem
necessary concerning the hearing and determination of small
claims, including suitable forms of
procedure in such cases.
(b)
The chief judge of the district court shall be authorized to establish a system
of
mandatory mediation for all
small claims actions other than actions relating to book accounts for
a sum certain. The judges of the
district court shall be authorized to make such rules as may be
necessary for the establishment
of said mandatory mediation system.
SECTION
3. Section 9-29-1 of the General Laws in Chapter 9-29 entitled "Fees"
is
hereby amended to read as follows:
9-29-1.
District court fees. -- (a) Every district court shall be allowed the
following fees
in full, to be taxed in the bill of
costs in every civil action:
(1)
For the entry of every small claim .......................... $11.00 $30.00
(2)
For the entry of every other action ......................... $60.00
(3)
For every writ of execution ............................….... $10.00
(b)
In addition to the fees set forth herein, a surcharge shall be placed on all filing
fees.
SECTION 4. This act shall take effect upon passage.
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LC01369
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