Small Claims Court is normally the legal place to visit if you are owed money and have been unable to collect it. As long as the amount due falls under the legal limit, that is. The limit you can sue for in Small Claims Court varies from state to state. It runs as low as $2,000 in the state of Virginia, all the way up to $25,000 in certain parts of Tennessee. To help you succeed in the collection of your money, here are some tips on how to win your case in Small Claims Court:
Typical Small Claims Court Cases
Even if the money you are owed falls within your state’s dollar limit, you may not be allowed to have your case tried in court. Typical Small Claims Court cases include unpaid debts or loans, failure to honor a service contract or warranty, unreturned security deposits, property damage, doctor and/or hospital bills for personal injury caused by someone else, bad checks received, et cetera. Check your state’s specific Small Claims Court laws to see if your case can be tried there.
Prepare Your Case
Once you have properly filed your case, paid the fees, and have a date and time set up to appear in court, your next step is to prepare your case. A tip on how to win your case in Small Claims Court is to be sure to gather together all of the documents you have that are applicable to your case. For example, if you’re suing for an unpaid loan, you’ll need the original, written loan agreement. If the agreement was verbal in nature only, you’ll need a copy of the check, a receipt for a cash payment, witnesses that can attest the loan was actually made, records of any payments that were made, et cetera.
No matter whether you’re the Plaintiff (the person who is suing) or the Defendant (the person who is being sued), going to Small Claims Court prepared is vital in determining the outcome of your case.
Since lawyers or paralegals aren’t present in this type of court, you’re solely responsible for providing adequate proof that will support your claim. However, you can call upon the services of an attorney or paralegal to help you prepare your case before you appear in court.
Know the Facts of Your Case
When your day in court arrives, the magistrate or judge will ask you several questions about your case so s/he can get a full understanding of it. A tip on how to win your case in Small Claims Court is to know the facts of your case. This means, that you’re not constantly taking time to shuffle through papers trying to find an answer to a question. Refresh your memory by reviewing the facts and the proof you have the same day you appear in court.
Be Prompt and Show Up On Time
All of the courts across the United States are run on a tight daily schedule. That’s why you need to show up on time on the day of your court date. You’ll only have a certain amount of time to present your case. If you arrive late, your allotted time will be shortened. Worst yet, you could lose your case in Small Claims Court by default simply because you weren’t present when the case started.
Be Clean, Neat and Dress Conservatively
Even though Small Claims Court is an informal court, it’s still a court of law nonetheless. Another tip on how to win your case in Small Claims Court is to show up clean, neat, and conservatively dressed. Don’t wear brightly-colored clothing, an outfit that’s revealing, gaudy jewelry, sandals or tennis shoes, for example.
Speak Clearly and With Respect
Besides dressing properly when you appear in Small Claims Court to give the magistrate or judge a good impression of yourself, you’ll also need to speak clearly and show everyone in the room respect. Speak only when spoken to, and avoid speaking to the plaintiff or defendant during the hearing.
