Call Kurtis: Court Cuts Mean Delayed Small Claims Cases

The budget cuts at the San Joaquin County Superior Court mean you may now have to wait six months to get your day in small claims court.

Presiding Judge Robin Appel says they were already underfunded and with these cuts, she says they'll only be able to handle a tenth of the small claims cases they used to handle.

The Call Kurtis team found another way to get your problem resolved.

"People are already upset and all we can do is tell them, 'We're doing the best we can,'" says Judge Appel.

Budget cuts handed down from the state have forced San Joaquin County Superior Court to close court rooms and cut 46 positions. Judge Appel says those seeking justice in small claims court will have to wait.

"We used to do about 3,000 small claims judgments a year. Now we think we'll probably do about 300," says Judge Appel.

She says that could mean waiting periods of at least six months before a case is heard. Kathy Webber, who is suing someone for a bad check, doesn't want to wait that long.

"I think that's absurd," says Webber.

So what can you do if you don't want to wait that long?

The nonprofit Mediation Center of San Joaquin can help for a fee of $75, which is comparable to small claims fees. And unlike the court system, the center doesn't have a backlog.

"If I have two people willing to mediate, who want to get this done and are really proactive, I can get them out in two days," says Jennifer Wells, the director of Mediation Services.

In small claims court a judge makes a ruling. In mediation, a mediator gets both sides talking to work through a resolution. Wells says they have an 87 percent success rate.

"It's effective in the sense that people feel heard. And because they were able to structure this end result, they're more likely to follow through with it," says Wells.

Even if you've filed the small claims paperwork, you can still take a shot at mediation while you're waiting for a court date.

"It actually is kind of nice because it gives them a little time after the mediation to see if both parties follow through," says Wells.

The downside to mediation is if the other side won't agree to it, you'll have to wait for your court date.

"They're telling us we're going to have an additional $4.4 million reduction next year," says Judge Appel.

If those cuts go through, Appel says small claims court may no longer be an option in San Joaquin County.

"Well, you can sue; you just can't get your day in court. And it's not OK with us," says Appel.

The parties involved in mediation can choose to have the agreements legally or non-legally binding.

The Better Business Bureau also has a mediation and arbitration program.