Small claims court, which hears financial disputes worth a few thousand dollars or less, is a great feature of the U.S. justice system. That’s because small claims courts make the legal system accessible for non-lawyers like you and me. Many people would write off a debt of a couple hundred dollars before they’d hire an attorney and sue someone in court because it’s simply not worth the expense. But small claims court makes it possible.
In last Thursday’s article, we started to explore the process of suing someone in small claims court. Today’s article wraps up the series by examining what happens once you get to court.
Preparing Your Case
If you’re unable to resolve the case outside of court, then a small claims judge will hear your case and issue a judgment.
In some states, small claims judges allow witnesses to submit sworn statements if they’re unable to appear in person. Usually, however, a witness must show up to testify. Arrange to have your witnesses go to the court on the day of the hearing. Write out the questions you need to ask each witness ahead of time.
Your questions to the witness should focus on proving the facts of your case. Do not get sidetracked with irrelevant questions and encourage your witnesses to provide "just the facts" answers in a clear, concise manner.
Decide ahead of time which witnesses you will call and in what order. Figure out the best witness to talk about each piece of written documentation.
Try to anticipate what the other party will say in court and plan your response.
Your Day in Small Claims Court
You don’t necessarily need to wear a suit or a dress to court, but dress in neat, clean clothes. You should be appropriately dressed if you wear something similar to what you’d wear to church or work in an office building. Avoid t-shirts with writing on them, outfits that are tight or revealing, or clothing that is torn or dirty.
Arrive at court early. Judges have little patience for people who show up late for their hearings. And turn off your cell phone, iPod or other electronic distractions while you’re in the courtroom.
The Court Hearing
At the beginning of your hearing, the judge may explain the process and the procedures.
The court needs to know the bare facts of what happened and specifically how you’ve been damaged. Be exact about the amount of money you claim.
When the other party presents his or her witnesses, don’t argue with them. If you think they’re lying, ask them questions that will expose their lies.
The judge may rule on your case on the spot, or may let you know when to expect a decision. Don’t argue with the judge, regardless of how the judge rules.
If you are unhappy with the decision in the small claims court, you might be able to appeal a decision up to the next court level. You probably need to file a notice of appeal and post a bond to assure you’ll eventually pay any judgment entered against you.
Procedures for collecting on a judgment vary from state to state, but typically start with filing the judgment with the small claims court.
If you don’t know anything about where the other party works or what type of assets they have, you can set up a time to bring them back into court and force them to tell you about their employment and assets. These proceedings are called financial disclosure hearings, information subpoenas or supplemental proceedings.
You can then decide whether you would like to try to have money removed from the other party’s wages or bank account, or try to take his or her vehicle, real estate or stocks and bonds.
In some states, if the judgment involves an auto accident, you can have a driver’s license suspended through the state Department of Motor Vehicles for failure to pay the judgment. You can get any professional license they may have revoked or suspended if they don’t pay the judgment.
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