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Now let's talk about preparation. Be thorough. Double-check your facts.
Gather all your evidence: receipts, estimates, photographs, contracts, diagrams, police reports; whatever will help prove your case.
If you have witnesses, arrange for for them to be there on your court date.
Some judges and commissioners will accept signed written statements, but it's always preferable to have the actual witnesses present in court.
Make 3 copies of the packets of your materials: one for yourself, one for the defendant, and one for the judge.
Then practice what you'll say to the judge; maybe make an outline or a list that you can refer to in court.
If you're the defendant, the one being sued, you'll get an order to come to court.
You might want to contact the person suing you, because you might be able to work the whole thing out before you come to court.
As a defendant, you're also entitled to call on the free small claims advisor for guidance.
But DO NOT just ignore the court date, even if you think you are right or it's not a valid claim.
If you do not show up, you can't tell the judge your side and you may lose by default.
If there's a lot of money at stake, you may want to consult with a lawyer.
It's ok to do that to prepare your case and get advice, but lawyers are not allow to represent people in small claims court.
In fact, lawyers cannot even appear there unless they are a party or a witness to a case.
Except in rare circumstances, the individual plaintiffs and defendants have to speak on their own behalf.
That levels the playing field out so that both sides have a fair chance of winning the case.
Now let me tell you what to expect when you come to small claims court. Small claims court is informal, but there are some rules.
Dress conservatively: no shorts, no tanktops, no hats.
Be on time.
Be respectful - don't interrupt, wait your turn. Both sides will get their chance to tell their side of the story.
Be quiet. No side conversations while you're waiting.
Turn off your cell phones and pagers. If they go off during court, they will be confiscated.
Now first, the clerk will ask all potential witnesses and litigants to promise to tell the truth.
Then, you may be offered another chance to meet with a mediator to settle your dispute amongst yourselves.
If that doesn't work, your case may be heard by a judge, a commissioner, or a pro tem judge, an experienced and well-qualified attorney designated by the court.
The plaintiff, the person who filed the suit, has the burden of proving their case to the court, so the plaintiff goes first.
Speak directly to the judge, not to the other party. Be brief and make your points quickly and clearly.
You may only have 10 to 15 minutes for your whole case. Tell the judge what happened, who's at fault, and why.
Present your witnesses and your evidence.
The judge may interrupt to ask questions or to keep the case on track.
Then the judge will listen to the defendant, their witnesses, and consider their exhibits.
There is no right of cross-examination in small claims cases, so you are not allowed to question the other side or their witnesses.
Take notes of the points you want to respond to, and then you can address them when it's your turn.
Do not interrupt. Only the judge gets to interrupt.
Sometimes the judge will decide who wins the case right then and there.
But often, the judge needs to review the exhibits or an area of the law, so you'll have to wait for a decision.
The judge may also want to do some independent investigation of the facts, which is allowed in small claims court.
That could take a couple of weeks. The decision will then be mailed to you by the court clerk.
Now let's talk about collecting the judgment. If the judge rules that a party owes you money, it's up to you to collect the debt.
All that you get from the court is a judgment on paper. It's up to you to find out a way to collect the money.
Statistics show that a great many judgments go uncollected.
So, let me make another pitch for mediation: if both parties come to an agreement, the judgment is much more likely to be paid.
And you'll save the time and expense of trying to collect.
That's a quick overview of the small claims process.