How to Prepare for Small Claims Court
October 2, 2010 | Insider Tips
The court process appears to those outside the legal profession to be a mysterious and cumbersome monster, full of strict rituals governed by a demanding judge. In some cases it is. However, courts are also open to redress grievances of pro se litigants (parties representing themselves). Depending on the type of claim and amount in controversy, going it alone can sometimes be preferable to hiring an expensive lawyer.
Small claims courts are designed to help the little man. Jurisdiction is based on the dollar amount of the controversy, in most states a few thousand dollars, as well as location. In fact, small claims court may be the only option if the amount in controversy does not reach the level required by other trial courts in the state. The limited rules are simple and easy to follow. Many states even publish guides to assist pro se litigants through the process.
Lawyers are generally unnecessary in small claims courts. Many lawyers will not consider taking a case with such a small amount of money at issue. While this may seem to be a decision based on arrogance, it is actually out of respect and economy for prospective clients. It may be that the cost to litigate plus the attorney’s fees would far exceed the value of the case. It is to the client’s detriment to hire a lawyer who would be more expensive than the potential outcome of the case, and arguably, it could be unethical or a violation of the rules of professional responsibility for a lawyer to charge a fee greater than the value of the case.
There’s no need to be intimidated by the small claims process. Judges expect few if any lawyers to appear in small claims, and the judges and clerks are generally very helpful to get you through the process. The courts realize that as a non-attorney you are rarely if ever before a court, and they tend to be flexible. However, it can be very useful to do your homework before going to court.
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Here are some more tips to help you prepare:
1. Get a copy of any small claims manuals the court may offer. These may be available on the court website or by contacting the clerk of court in your jurisdiction. This should be a roadmap to getting through the small claims process.
2. Documentation, documentation, documentation. Before taking any action, make sure you have evidence to support your claim. Documents may include correspondence between the parties, contracts, checks, etc. Don’t expect to win if you have no evidence to back up your claim. Have copies for yourself, the court, and the opposing party.
3. Be organized. Create an outline for yourself of how you are going to explain your argument to the court, and note which documents correspond to the point of the argument they prove. Offer the document as it comes up in your argument.
4. ALWAYS be courteous and respectful to the court. The clerks have a lot of power to help you or make things difficult. From the first point of contact until the end of the case, be nice to the clerk. Dress in business attire. Be on time. Refer to the judge as “Your Honor.” Avoid insults to your opposing party. Thank the judge for his time.
5. Know when to close your mouth. It is very important that you avoid interrupting your opposing party and the judge. Listen carefully to questions the judge has, and only answer those questions. Don’t ramble on with unnecessary information or whining.
Following these simple steps should set anyone on a solid path for success in the small claims process.
