How to Prepare a Plaintiff's case in Small Claims Court
Thinking as a plaintiff in a legal action for damages, usually below $10,000, you have the opportunity to obtain justice, and much needed satisfaction, from a lawsuit waged in a municipal small claims court. Perhaps you have incurred a legal injury such as, for example, a landlord's negligence that has caused you physical harm, a faulty new appliance that has caused a fire in your kitchen, or, maybe, a contract wherein a person, who owes you money, has refused to pay. If so, you have an inexpensive avenue to a redress of grievance under the jurisdiction of a small claims judge.With very few exceptions, most municipal jurisdictions in the country have small claims courts. These are relatively informal legal forums where a judge, and judge alone, hears a legal dispute and decides in matters of law, and fact, between the cases presented by plaintiff, the one who initiates the action, and the defendant.
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Instructions
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How to Prepare a Plaintiff's Case in Small Claims Court
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Go down to your local courthouse, fill out the appropriate forms, and pay the fee
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Initiate, and strategically follow through with, the "discovery" process. This is one of the most essential elements of preparing to state your claim in front of a small claims court judge. This involves the dynamic planning of a plaintiff before, and after, filing a small clams lawsuit.
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After the plaintiff files the proper papers, the court will mail the necessary notices to both parties (plaintiff and defendant) informing everyone of the date and time of the hearing. Surprisingly, it usually takes less than three months to get into small claims court.
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Keep in mind the key to winning in small claims court is preparation and proof. You must be able to prove to the judge that what you are telling him is true and that your opponent's version of the facts is false. This process of discovery, before the trial date, entails producing records of contractual business transactions (receipts for purchases, contractual agreements, and any available paperwork), affidavits of testimonies by credible witnesses, and, of course, credible witnesses to be physically present with you in court. They need to be willing to testify in your behalf. The judge will decide the case in accordance with who presents a preponderance of the credible evidence, you or the defendant. Sound preparation for presenting your case in small claims court means that you are fully organized and ready to address your case before the judge in a short amount of time. It is safe to assume that you will have about ten minutes to tell the judge your side of the facts. In order to do so, you need to have already organized your case, as aforementioned.
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When you finally get your day in court, dress professionally. As the plaintiff, you will have the opportunity to speak first. One thing your judge will not want to see is excessive emotion. Hot tempers and hurt feelings carry little weight with judges. After you present your case, the defendant will have a chance to give his version of the facts. Do not interrupt him, as you will get another chance to rebut whatever he says. Proper decorum is critical in a courtroom. Don't be surprised if the defendant lies. People lie in court all the time, plaintiffs and defendants alike, and perjury is hardly ever an issue. If the defendant lies, just be ready to prove otherwise. The side that can prove his version of the facts will win.The judge may choose to render a judgment right there, or she may tell you that it will come in the mail in a week. If you win, congratulations are in order. If you lose, you may have a right to appeal. Then, however, it starts to get costly. Be sure you are right before you appeal a loss.
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Tips & Warnings
Be thorough. Nothing in small claims court should be done on impulse. Take your time to gather all possible information.
Seeking a settlement is usually preferred over expensive litigation. Small claims court might not incur major expenses for the plaintiff, but the defendant is usually aware of his/her potential losses by going before a judge.
