The most important defense
begins by responding to the small claims court notice!
DO NOT ignore the notice or the court may just award the
Plaintiff a "Judgment by Default" for the full amount of the claim, plus the
filing fee and costs of serving the notice on you.
Try to find out how strong the plaintiff's case is. Are they on
solid legal ground? If so, settling out of court may be a better option rather
than risk a judgment. But, if you feel going to court is your best option, then
do yourself a favor and visit the court house ahead of time. Become familiar
with the room where you'll have to defend yourself. In fact, take an hour or
two and watch several small claims court cases. You'll be amazed at how
many people lose their case because they are come unprepared!
The two most important rules:
RULE #1: ALWAYS go to court prepared to WIN
by providing the judge with "Proof of your Case" - present facts NOT
emotions! Put the facts in writing and present them in a logical but
brief and succinct manner. Prepare copies of all pertinent documents for the
judge.
RULE #2: Is your defense LEGAL? Before
spending time and effort trying to win, be sure that you are on solid legal
ground. Just because you think something is wrong, unethical, or immoral, does
not mean the law treats it that way. Do your homework! Check with the court
clerk, look it up in your local library or ask an attorney.
The three primary methods of responding to any small claims court
notice are:
Defending Yourself in Court
First, recognize that judges decide many cases on the same day
as yours so you MUST be prepared to present your defense in a brief, concise
and very clear manner!
Preparing for the court hearing:
Collect and make certified copies of all
possible documents and evidence; such as letters, lease agreements and receipts
of payments, canceled checks, photographs, work orders, repair statements,
promissory notes, written contracts or other documents that are pertinent to
your case.
Arrange for any witnesses to attend the trial
and be sure they are notified in writing of the of the time, date and location.
Remember, witnesses must have personal knowledge of the facts they are asked to
testify about and they cannot be forced to testify (must come voluntarily).
Provide them with a copy of the Notice of Small Claims Form.
Write down all the important facts of your
case in chronological order. This help you prepare and ensures that during the
hearing you do not forget anything. Remember, the judge is extremely busy and
expects you to be prepared to present your case as quickly and clearly as
possible.
Consider attending a small claims court trial
a few days before yours to get a feel for the court's process. Anyone
under 18 years of age must be represented by a parent, guardian or friend over
18 at the hearing.
Presentation of Evidence
Upon arriving at the courtroom, inform court
clerk who you are and that you are ready for trial. When your case is called
you'll be sworn in along with the plaintiff, other defendants and witnesses.
The Plaintiff goes first and when finished, the judge
will ask for your side. Be brief and to the point by providing "just
the facts" supported by solid evidence and avoid unwarranted emotion. Provide
the Judge with any papers or evidence that support your case and ask the judge
to allow them to testify.
Throughout the hearing, remain polite, do not interrupt
the other party or the judge and especially do not get angry or show a temper
to the court.
Up Counterclaim
If you have a claim against the Plaintiff, arrange to
have it resolved at the same trial. This may serve two purposes:
nullifying the plaintiff's claim, and in the case of plaintiffs unwilling to
settle out of court, forcing the plaintiff to reconsider your offer.
If you wish to make a counterclaim, you must file a Notice of
Small Claim Form with the district court where the trial will be held and you
also must notify the Plaintiff (just like you were notified).
Small
claims court filing procedures
Note: Filing a counterclaim may eliminate the option
to Appeal the
judgment/decision
Important Notes:
- If the plaintiff does not appear for the hearing, the case
will be dismissed without prejudice which means you can file it again.
- If you fail appear, the judge will ask the plaintiff to
provide proof that the Notice of Claim Form was properly delivered to you and
if it was, the judge will enter "default judgment" for the amount of the claim
against you!
If you've fallen behind on your bills, especially credit cards,
don't panic. You may have several good options available to you. Your success
starts by assessing your current situation and finding a trusted service
provider that is licensed in your state.
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