Dear Weekender,
As we leave the busy Holiday season behind us, in which the majority of us were on a shopping spree, we would like to touch base on the small claims procedure.
The small claims procedure applies to monetary claims below the value of NAf. 10,000 / USD 5,555. Typical examples of such small claims include the following:
- You purchased a washing machine for USD 900; it broke down after two weeks, but the seller refuses to repair or replace it.
- A client owes your company USD 2,000 for a website design service you provided. The client refuses to pay, even though you sent an invoice and multiple reminders.
- A neighbour damaged your car that was parked, but refuses to pay the repair costs of USD 1,200.
The small claims procedure in Sint Maarten provides an accessible and cost-effective avenue for resolving disputes for claims below a certain threshold. This procedure is specifically designed to ensure that individuals and entities can bring their claims to Court without the necessity of hiring a lawyer. The Court can help you navigate this process, making justice more accessible.
How do you start a small claim?
To initiate the process, you have to file a petition at the Court (In Dutch: “verzoekschrift”). The Court has a standard form for this which you either download from the Court’s website (http://www.gemhofvanjustitie.org/nieuws/publicaties) or you can obtain it directly from the front desk at the Court. You can submit your claim in Dutch or English and the form is available in both languages.
Upon submitting the petition, you need to pay the Court fee of NAf. 50, for private individuals; and NAf. 100, for businesses or professionals. Because the Court needs to contact the opposing party, you must also include in your petition an excerpt from the Census Office (if your claim is against a private person) or an excerpt from the Chamber of Commerce (if your claim is against a company). Any other contact information that you have, such as a phone number or email address, should be included as well.
After you have submitted your petition, the Court clerk will notify the opposing party of the hearing date through a formal letter. The opposing party then has the option to submit a written response to the Court. This can be done before or during the hearing. If it is possible, the Court will issue an immediate decision during the hearing. This decision could result in an order for payment or the rejection of the claim.
However, if the case is contested or requires further examination – for example, because the opposing party states to have a claim on you as well – then the Court may refer the matter to an ordinary hearing. This referral involves a more formal legal process, and you may need to hire a lawyer if the matter becomes increasingly complex. It could potentially also result in increased Court fees, because for businesses and professionals, the fees will likely increase to NAf. 450.
Resolution and settlement
Before submitting a petition to Court, it is always advisable to try to resolve the dispute amicably. Sending a formal demand letter (summons) to the opposing party can often lead to an out-of-Court settlement. At the very least, it is good to open a dialogue before proceeding to Court. Often, it is also necessary to first give the opposing party an opportunity to come up with a remedy, before being able to take legal measures.
The demand letter should include your demands (i.e. payment or repair) and a reasonable timeframe within which you wish your demands to be fulfilled. Generally, a period of two weeks is considered reasonable, but it all depends on the circumstances of the case. Keep copies of this correspondence, as well as any other correspondence, because this can serve as evidence of the agreements between parties and of your efforts to resolve the matter.
Tips and tricks
Although you can of course use the standard form from the Court, we also have a few tips and tricks that may help you in drafting a clear and effective petition:
- Provide a concise and chronological timeline of events to explain your case logically, stick to the facts, and avoid using emotional language!
- Include all relevant evidence, such as contracts, receipts, emails, WhatsApp messages, invoices, and photographs. If you don’t have a lot of evidence, but there were witnesses present, you can consider asking them to make a statement in writing and submit that to the Court;
- Include a copy of your demand letter.
- Clearly state the remedy you are seeking, whether it is a specific amount of money or another form of resolution.
These same principles apply if you have to submit a defence as the defendant.
What next?
If the Court awards your claim, then you can take the decision of the Court to a bailiff and request the bailiff to execute the decision. If the other party still does not comply, then the bailiff can, for example, seize certain assets to ensure payment. Please note that the bailiff will charge you fees for this, and these fees depend on the services requested from the bailiff.
The small claims procedure is gaining popularity in Sint Maarten for good reason. It provides an efficient and low-threshold mechanism for resolving disputes below a certain threshold. By following the steps outlined above, individuals and businesses can effectively pursue their claims while keeping costs and complexity to a minimum. Remember, the process is designed to empower parties to seek justice without unnecessary barriers, making it an invaluable tool for the resolution of small-scale disputes. #knowyourrights #claim
Yours sincerely,
Caroline van Hees | HBN Law & Tax
