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Last update: 14-08-2006
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Simplified and accelerated procedures - Slovenia

 

SMALL CLAIMS PROCEDURES

1. Existence of a specific Small Claims procedure

1.1. Scope of Procedure, Threshold

A small claim dispute covers disputes on a pecuniary claims where the amount of dispute does not exceed 200.000,00 SIT. In commercial disputes this amount is 500.000,00 SIT.

A small claim dispute covers also disputes on non-pecuniary claims in respect of which the plaintiff has declared his willingness to accept, instead of satisfaction of the claim, a sum of money not exceeding 200.000,00 SIT (500.000,00 SIT in commercial disputes).

A small claim dispute covers also disputes on claims for delivery of movable property where the stated amount in dispute does not exceed 200.000,00 SIT (500.000,00 SIT in commercial disputes).

1.2. Application of Procedure

The procedure is obligatory.

Can the court or the parties transfer a Small Claims case from the Small Claims procedure to the ordinary procedure?

No, except if the plaintiff amends his claim to an amount of dispute which exceeds the Small Claims amount!

If so, under what conditions?

See above.

1.3. Forms

There are no specific forms used in the Small Claims procedure.

1.4. Assistance

There is no assistance in procedural issues (e.g. by the court clerk or the judge) for litigants not represented by a lawyer.

1.5. Rules concerning the taking of evidence

Certain rules concerning the taking of evidence are relaxed compared with the ordinary procedure.

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In the small claims procedures, the plaintiff shall state all facts and adduce all evidence in the action, while the defendant shall do so in his defence plea.

In small claims procedures, each party may file one preparatory pleading.

Facts and evidence presented in written pleadings other than those mentioned above shall be ignored.

If, after the receipt of the defence plea and the preparatory pleadings of the parties, the court finds that no dispute exists on the matter the facts and that no other obstacles hinder the rendition of a decision, it shall decide the case without a hearing.

1.6. Written or oral procedure

A purely written procedure is possible (instead of oral hearings). See above point 1. 5.

1.7. Content of judgment

The rules concerning the content of the judgment are relaxed compared with the ordinary procedure.

The written judgment shall include an introductory part, an ordering part and a statement of ground. The statement of ground shall consist only of a brief description of factual considerations and the indication of provisions of the substantive and procedural law which have been applied in determination of the case.

1.8. Reimbursement of costs

There aren’t any restrictions to the reimbursement of costs.

1.9. Possibility to appeal

A small claims decision can be appealed. The judgment and the decree by which a small claim procedure has been concluded may be appealed against only on the ground of severe violation of civil procedure provisions referred to in the second paragraph of Article 339 of the Civil Procedure Code and of violation of substantive law.

2. If the answer to question I is negative, (i.e. if there is no specific Small Claims procedure) , but there are nevertheless certain procedural simplifications in Small Claims cases (i.e. cases below a certain monetary threshold or for certain types of litigation regardless of a monetary threshold) , please describe these procedural simplifications along the same lines and responding to the same questions as indicated above for the Small Claims procedure, insofar as applicable.

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Last update: 14-08-2006

 
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