Small claims courts may decide counterclaims up to $5,000

A plaintiff pays a $75 fee to start a case. This applies to a plaintiff filing a small claim or consumer claim. The fee includes a civil case processing fee and technology surcharge. The court places $20 in an account for mediator services and related costs. The act would take effect January 1, 2027.

A court may decide a defendant’s compulsory counterclaim for up to $5,000. This applies when a defendant brings a compulsory counterclaim, a related claim against the plaintiff, in a small or consumer claim case. If the court finds the defendant is owed more than $5,000, it must dismiss the plaintiff’s claim, award the defendant costs only, and leave the defendant free to sue separately. The act would take effect January 1, 2027.

A defaulted defendant cannot appeal or get a new trial in superior court in a covered product case. This applies to a consumer’s claim against the seller or manufacturer of a consumer product. This applies when a consumer seeks damages from a product’s seller or manufacturer and the defendant is defaulted for failing to answer and defend the claim. The act would take effect January 1, 2027.