What to Expect from Small Claims Court
What to Expect from Small Claims Court: No legal experience – no problem.
Some states do allow lawyers to represent their clients in small claims court, but this is far from the norm. Because small claims judgments are severely limited money-wise – usually to $5,000 or less – people represent themselves and tell their own sides of the story to the judge. You don’t have to worry about objecting, filing motions or calling witnesses.
What to Expect from Small Claims Court: Small claims solve large problems.
Even if the defendant (the person you are suing) owes you more than the statutory limit in your state, you can still take him or her to small claims and take a reduced judgment. Often, the decrease in pay-out is worth it compared to the costs of a larger court and an attorney.
What to Expect from Small Claims Court: Written beats spoken.
Any evidence you have on paper is worth one hundred spoken agreements. A piece of evidence set on paper can be easily quantified by the judge. When you give testimony to an oral agreement, the judge has to decide who he or she believes. Make the process easier on everyone and dig up as much written evidence as possible.
What to Expect from Small Claims Court: Winning does not mean collecting.
Just because you win a small claims judgment doesn’t mean you’ll ever see a dime. Although the court can order the defendant to pay the applicable sum, if he or she has insufficient financial resources, it might be a while before you see a check. If, however, the defendant has the money, but isn’t paying out of spite, the court can make arrangements to garnish his or her check or to put a lien on property.
What to Expect from Small Claims Court: Informality.
Small claims isn’t like what you see on Law & Order or Court TV. Small claims courts are informal settings in which each side gets to present the evidence, and the judge determines the amount owed, if any.
What to Expect from Small Claims Court: Get in; get out.
Judges don’t want to hear you tell your life story; they have too many cases to hear. Prepare your evidence and testimony in a way that can be explained succinctly. If you fumble for paperwork, stutter through your account, or go on too long, the judge might dismiss your case. And in any event, an irritated judge probably won’t be sympathetic to your plight.
What to Expect from Small Claims Court: Give it all you’ve got.
Make sure that you give all of your evidence up front because you won’t get another chance. Small claims cases can only be appealed by the defendant, if at all, so come prepared and give the full story.
