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HB 5641

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE IN PARTICULAR ACTION -- SMALL CLAIMS AND CONSUMER CLAIMS

2025 Regular Session Introduced by Susan Donovan and 2 co-sponsors

Raises small-claims filing fee to 75, increases compulsory counterclaims cap to 5,000, funds mediation, and requires waivers of appeal for certain claims.

03/11/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5641

Summary — HB 5641 (2025)

Title: AN ACT RELATING TO COURTS AND CIVIL PROCEDURE — PROCEDURE IN PARTICULAR ACTION — SMALL CLAIMS AND CONSUMER CLAIMS
Introduced: February 26, 2025 (Rep. Donovan, Rep. Fogarty, Rep. McEntee)
Status (most recent): 03/11/2025 — Committee recommended measure be held for further study

Purpose

To (1) simplify and standardize filing and appeal fee assessments in district court small‑claims and consumer‑claims cases, (2) increase the maximum recoverable amount for compulsory counterclaims in small‑claims proceedings to match the small‑claims jurisdictional limit, and (3) formalize funding for small‑claims mediation services.

Key provisions (by statutory section amended: R.I. Gen. Laws chapter 10‑16)

  • 10‑16‑4 — Filing fee; mediation fund

    • Increases the plaintiff’s entry (filing) fee from $55 to $75 (inclusive of civil case processing fee and technology surcharge assessed under § 8‑15‑11).
    • Requires that $20 of the fee be deposited into a “small claims mediation restricted‑receipt account,” plus an amount equal to the prevailing postal rate for case mailings. The account is controlled by the state court director of finance and may be used (by the chief judge of the district court) to pay qualified mediators and related expenses.
    • Requires plaintiffs to file a written waiver of the right of appeal with their claim.
    • Requires defendants to file a written waiver of the right to appeal any compulsory counterclaim.

  • 10‑16‑9 — Defendant’s answer and counterclaim

    • Raises the maximum amount the court may adjudicate on compulsory counterclaims from $2,500 to $5,000 (bringing it into parity with the small‑claims jurisdictional cap).
    • If a counterclaim exceeds $5,000 (formerly $2,500), the court may award costs only and leave the excess claim to be pursued outside the small‑claims process.

  • 10‑16‑14 — Appeals

    • Confirms defendants retain the same right of appeal as in ordinary civil district‑court actions; requires payment of a $75 appeal filing fee (inclusive of processing fee and technology surcharge) when claiming appeal.
    • Requires plaintiffs appealing a counterclaim to pay a $75 appeal filing fee.
    • Creates an exception: where a plaintiff is a purchaser of a consumer product and recovers judgment due to the defendant’s default for failure to answer/defend, that district‑court judgment is final; the defaulted defendant forfeits appeal rights and is not entitled to a trial de novo in superior court.

Who is affected

  • Plaintiffs (individual consumers and small‑claims filers): higher initial filing fee; must file a written waiver of appeal; benefit from expanded mediation funding.
  • Defendants: unchanged general appeal rights but may lose appeal/trial de novo in certain defaulted consumer product cases; required to waive appeal on counterclaims when filing them.
  • Courts and court administration: will collect higher fees, administer the restricted mediation account, and implement the procedural waivers.
  • Mediators: potential new/expanded funding source for small‑claims mediation.

Procedural timeline & status

  • Introduced Feb 26, 2025; read and referred to committees (House Judiciary; later referenced to others).
  • 03/07/2025 scheduled for hearing/consideration; 03/11/2025 committee recommended the measure be held for further study.
  • Proposed effective date: January 1, 2026.

Notes / Implications

  • The bill both raises revenues per case (additional $20) and earmarks a portion specifically for mediation services, likely expanding mediation availability in small‑claims matters.
  • Raising the compulsory counterclaim cap to $5,000 aligns counterclaim adjudication with the overall small‑claims jurisdiction, meaning more counterclaims can be decided within the small‑claims forum.
  • The requirement that plaintiffs (and counterclaiming defendants) waive appeal rights narrows post‑judgment review options and could speed finality, but also limits appellate recourse in these proceedings.
  • The default‑judgment exception for consumer product purchaser claims removes de novo review for defaulted defendants in that narrow category, increasing finality for prevailing consumer plaintiffs.

Compiled from official sources — confirm details with the bill’s official record.

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