The announced roll-out of a new “small claims” process by the Joint Court for the Dutch Caribbean (see Tuesday paper) will no doubt be broadly welcomed. It’s part of a number of changes to improve and speed up civil procedures.
This regards claims up to 10,000 Netherlands Antillean guilders (US $5,587) at a fee of NAf. 50 (US $28) and double that for plaintiffs acting by virtue of a profession or business, obviously much cheaper than regular court procedures. Summonses will be sent to defendants free of charge and no revenue stamps are required.
As is already the case, hiring a lawyer is not mandatory – although advisable for bigger or more complex disputes. The latter will ultimately be referred to a regular hearing if a settlement or immediate verdict is possible, also at no cost to either party.
This could significantly lower the threshold for people to seek their rights. Too often one hears of victims of unfair treatment being left with no recourse as they simply lack the finances.
There are entities for certain types of complaints, including the Labor Department, Rental Tribune and the Ombudsman where it regards the public sector, but in practise many still feel they have nowhere viable to go. Some even end up at this newspaper.
It could also work as an effective deterrent, as those who seek to profit at the expense of others and get away with it just because the amount is not worth the trouble may now have to think again. They might soon find themselves in front of a local version of “Judge Judy” from the popular US television series, which – quite frankly – is a scary thought.
