How to Win Against Bill Collectors in Small Claims Court
Whether you appear in small claims court as a plaintiff or defendant, there are strategies and common-sense guidelines that can improve the chances of winning your case. The odds are that you won't be represented by an attorney, so the onus is on you to perform research, understand the small claims procedures in your jurisdiction and do the legwork necessary to present your case. If you are bringing a case against a company, or if you are appearing to defend yourself against a business or creditor, you can be assured that your adversary has retained counsel. So do your homework.
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Things You'll Need
- Documents
- Receipts
- Bank statements
- Letters and emails
- Photographs
- Filing fees (if applicable)
Instructions
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Research the guidelines, filing procedures and idiosyncrasies of the small claims court where you will appear. Visit the court and ask for a booklet or pamphlet. Most provide instructions and guidelines. Go to the library and use online sites to help in your preparation. It's also important to know the lexicon of the legal system. Familiarize yourself with small claims terminology. (See References 1.)
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File the paperwork if you are initiating a claim. The court will provide the forms and most will even guide you through the process. Again, you can research how, when, where and why to file. (See References 2.) Serve the defendant if necessary.
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Accumulate the documents and evidence you'll need in court---contracts, bank statements, receipts, correspondence between you and your opponent (letters and emails) and photographs. Contact anyone you'll be calling as a witness and talk with her. Interview her about her possible testimony, and take notes.
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Organize the materials you've gathered. This is vital in preparing your argument. Highlight the parts of the documents you think will be important as references in court. Mark each piece of evidence in the top right corner with the date. Even though each document probably has a date on it somewhere, transfer that date to the top of the page for quick reference. Organize the documents in some meaningful order, either by date, subject or both. Use paperclips and folders to aid you.
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Prepare your argument. Write it down, step by step, and rehearse it. You can use the notes when presenting your case, but know it inside and out. Have an introduction, an argument and a conclusion. As Keith Tuters suggests in Law Guru, "Tell them what you're going to tell them, tell them, and then tell them what you just told them." (See References 3.)
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Be on time for your court appearance. Arrive early. There may be unanticipated paperwork or other issues.
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Dress appropriately. Wear a suit or dress. Look professional, prepared and concerned.
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Conduct yourself with decorum in front of the judge. Address him as "Your honor," "Judge," "Sir," or "Ma'am." Don't interrupt. Wait until the judge addresses you. The defendant presents his case first. If you are the plaintiff, listen to your opponent's argument and take notes. Don't roll your eyes or otherwise show displeasure. When it's your turn to speak, make your argument and stick to your script. Take a breath and think before you speak, especially when responding to the judge's questions. Don't argue.
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References
Resources
- Photo Credit gavel image by Cora Reed from Fotolia.com
