Part I
Making Your Big Problem a Small Claim
Check out
www.dummies.com/extras/filing&winningsmallclaims online for free information on important things to do before filing for court.
In this part . . .
Get to know the specific rules of small claims court, how the system works and how to navigate it, and the key ways in which small claims court differs from other courts.
Gain insight from a practicing judge on what types of complaints are best suited to be resolved in small claims court, and what alternatives exist outside of the court system.
Get ready to represent yourself in small claims court by knowing how to select, work with, and pay for a lawyer to consult with you on preparing your case, should you choose to work with one.
Recognize the various classifications of cases, from contract breaches to personal injuries, and know which kind of case you are dealing with and what you hope to gain from your day in court.
Understand how to arrive at and justify monetary amounts when requesting compensation from a defendant, and familiarize yourself with the monetary rules of the court to better your chances of getting what is fair.
Check out
www.dummies.com/extras/filing&winningsmallclaims online for free information on important things to do before filing for court.
Chapter 1
Understanding the Ins and Outs of Small Claims Court
In This Chapter
Making a decision to go to court
Going to court without a lawyer
Wrapping your head around the rules
Preparing yourself for court
Showing up to make your case
Getting back to normal life post-court
Most people don’t really want to court. It’s stressful, it can be expensive, and it takes a big chunk of time out of what I assume for most of you is a busy enough schedule. Of course, there are exceptions: Lawyers go there because that’s their job, and people who love drama — and create lots of it in their daily lives — may find going to court to get people to listen to them somewhat addicting.
If you’re an average Joe or Jane, staying out of court probably seems like a better idea to you, until something happens that seems so unfair that you start considering going to court to get it resolved. If that happens, then this book can help you figure out the best way to go forward with the greatest shot of getting what you want out of small claims court.
In this chapter, I give you a quick overview of small claims court, why it exists, and a quick analysis of whether it’s where you should be to resolve your problem. The information here gives you an overview of the kinds of topics covered in greater detail throughout the book.
Starting Down the Road to Small Claims Court
Why are you going, or considering going, to small claims court? Everyone has different reasons, but usually frustration, aggravation, and a sense of outrage at the way a business or personal transaction has turned out is the impetus.
If you could solve things in another way, you probably would. Many litigants say they end up in small claims court because the person they’re having a problem with doesn’t seem to be listening to them or responding to what’s an important issue to them. Some of these situations may be better resolved outside of the court system through mediation or conciliation.
Let’s say you threw a garden party in an effort to spiff up your social standing in your neighborhood — you know, tea, crumpets, watercress sandwiches, and the like. You decked yourself out in your white linen suit. You were strolling your garden, greeting neighbors, when the dog next door, Tiny, greeted you by putting his muddy paws on your suit and licking your face.
Although everyone had a good laugh at your expense and the incident won first prize in a funniest video contest, your neighbor refused your request that he pay for the dry cleaning bill for your suit. Not only did he refuse, but he insists you pay the veterinarian’s bill because his dog is allergic to linen.
Rather than challenge your neighbor to a duel, you decide to take a more civilized approach and call your lawyer, who tells you that the legal fees involved would be more than any money you may recover. You call several other lawyers and get the same response.
Well, don’t despair. Throw your shoulders back, lift your head up high, and put a smile on your face. There is hope. You have a remedy tailor-made (pardon the expression) that suits situations like yours. It’s called small claims court.
Small claims court is part of the court system available in every state. It’s a court where you don’t need a lawyer, where the rules of evidence are not strictly applied, and where the goal is to obtain “substantial justice” for the parties in an expeditious manner. Substantial justice is explained in Chapter 2.
But don’t run out and file just yet. Because there are 51 different small claims courts in the United States — the 50 states and the District of Columbia — it’s important that you check with your local court system before you start your lawsuit, because not every state permits the same kind of case to be brought in small claims court.
Doing It Without a Net — Or a Lawyer
A book such as this one is very handy to the average citizen who has not passed the bar, because small claims court is a court where lawyers are not only not required but in some places actually prohibited. Yes, you read that correctly: Some courts actually prohibit lawyers in small claims court, which makes it a unique place ripe for human error.
Did you ever hear the saying, “A person who represents himself has a fool for an attorney?” Or is it, “A person who represents himself has a fool for a client?” The point is that someone going to court without legal representation is the sort of thing you’ve always heard is a really bad idea. The people who get most upset about self-representation are called lawyers or attorneys or counselors.
Small claims courts operate on the assumption that you don’t need a lawyer in order to have your case presented easily and decided fairly. Because lawyers have chosen the law as a profession, they generally don’t like programs where legal services are available to just anyone — and at no cost or very little. You have a job, right? And you wouldn’t be happy if someone found a method of doing your job without having to pay you for it, so too lawyers are often skeptical of ideas that reduce potential income sources.
Well, if lawyers control state legislatures — which may actually be a myth — how did we end up with small claims courts all over the country? It’s really very simple. It’s called small claims court for a reason. The amount of money you can sue for is limited; In fact, in most places, it’s downright puny. Each state has set a limit as to what is the most money you can sue for in small claims court.
The cost of using a lawyer to represent you on your small claims court case in all likelihood would exceed the amount of money you potentially can recover, making it really hard to hire counsel. This makes the lawyers feel much better about letting you represent yourself.
Don’t think that my intent here is to bash lawyers. Small claims court can’t function without the thousands of attorneys who volunteer their time to serve as arbitrators in small claims courts throughout the United States. The court system couldn’t handle all of the cases brought in small claims court each year in a timely manner if every lawsuit had to be heard by a judge. It would be remiss of me not to recognize the contribution of members of the bar ...
