Small Claims Evidence – How do I present evidence?

How do I present evidence?

If the matter goes to an actual trial, even in Small Claims Court, you may need witnesses who will actually testify to what they actually observed. The Small Claims Court may not accept “an affidavit” or someone’s out of court or “hearsay” statement.

In some cases you may need original documents, and must be able to “introduce them” just as at a regular trial — and this sometimes can be very difficult. (Documents must be “authenticated” to show that they are what they purport to be.) Some Small Claims Courts allow you to introduce copies of bills and other records, but only if you have sent the other side copies sufficiently far in advance.

You may need “experts” who would testify to things that ordinary laymen are not available. For example, the damage to your car may have to be proven — and as a layperson does not know what it costs to fix cars — it may take an expert in car repairs to prove the damages done. If you haven’t been able to afford to have the repairs made you’ll need some expert to say what it will cost. Your statement that “they told me it would cost $X is hearsay; the other side can’t cross examine the person who told that to you unless the person was in court. If you had the repair made you’ll have a repair bill. While that may show what you paid — it is not necessarily what you should have paid.

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Small Claims No Show – Even if the other side does not show up?

Even if the other side does not show up?

Yes. Typically the Small Claims Court wants you to prove the basics of your case, or at least the amount of damages, with evidence. Sometimes they set it for “inquest” at which you prove your damages with some evidence.

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Small Claims Trial – Is there a trial?

Is there a trial?

Yes. It won’t be like a trial you see on television, however. Most Small Claims Court have very simplified procedures for the trial. There will not be any jury. While you may sometimes have the right to have the matter heard by a judge, most Small Claims Courts have processes that at least “encourage” you have the trial held by a lawyer who serves as a volunteer arbitrator.

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Small Claims Action – Then what happens.

Then what happens.

After you file your Small Claims action, depending on local practice, the Court may send a copy of the Claim Form to the party you are suing by registered or certified mail, or have you hire a process server to deliver it to the defendant. The Small Claims Court will want to make sure that the party you are suing has “actual notice” of the claim you bring.

In some Small Claims Courts a tentative date for the judge or arbitrator to hear the matter is set when you file the claim. In other courts that is done only after the Claim Form is received by the party you are suing.

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Start Small Claims Action – How do I start a small claims action?

How do I start a small claims action?

Go to the appropriate Small Claims Court (some even have evening hours). You can’t just go to any Small Claims Court, as state laws may require you to use only the one where you reside, or where the person you want to sue resides, or where the accident occurred, or where you bought the defective merchandise.

Many of the Court Clerks are very helpful, and will tell you if you are in the “right” Small Claims Court. Ask the Court Clerk for the appropriate form. You’ll have to fill out the form which may be known as a “Claim Form” or “Complaint” or “Claim of Plaintiff”. You may also have to pay the Court a filing fee to start the action. (If you win your case you MAY be able to recover the amount the Court finds you are owed PLUS the filing fee and certain other court costs.)

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Domestic Violence Small Claims – Is the matter more serious than is appropriate for a small claims court? – for example, for you are worried about domestic violence, the $200 to replace a door your ex-spouse kicked in may not be the real issue.

Is the matter more serious than is appropriate for a small claims court? – for example, for you are worried about domestic violence, the $200 to replace a door your ex-spouse kicked in may not be the real issue.

We urge you to be very careful before starting any Small Claims action, and to consider consulting with a lawyer before you do. For example, before you start suit consider the following:

There is always the possibility of a “counter claim”. If you sue someone in Small Claims Court, it is usually possible for the person you sue to “counterclaim” which essentially means to sue you back. If so, this can mean that you may not collect on the fender bender, and instead may have to pay the other side’s claim for damages to its car.

Limited damages are available. Every Small Claims Court has a maximum amount it can award. If the maximum amount you can recover in your state’s Small Claims Court is $2,000 and you have the potential to recover $10,000, you would be giving up your right to seek the extra $8,000.

Simplified procedures may hurt you. For example, in Small Claims Court you generally can’t get to examine records that may be very important to your case which the other side – or third parties – have.

Limited rights to appeal. What the judge or court appointed arbitrator says is usually final, even if the judge or arbitrator made a serious error in terms of the facts or the law.

Lack of “punitive damages” and “value as precedent”. If the defendant’s conduct was outrageous, in some instances it is possible for a regular court to award “punitive damages” to punish the defendant and discourage others from similar behavior. Most Small Claims Courts can not award “punitive damages.

Small Claims decisions are rarely useful as “precedent” in other cases involving the same issue or the same party. So if you were just one of many victims of a fraudulent sales scheme or defective product, and you want “to teach the wrongdoer a lesson” a Small Claims action may not be the way to go.

Impact on your other rights. Say you successfully sue for the damage to your car. That may preclude you from recovering anything for the whiplash that you later recognize was caused by the fender bender. Also, if a passenger in your car later sues you, you may not be able to turn around and sue the other driver.

Again, in many cases it may makes sense to consult with an attorney before you bring suit in Small Claims Court. We urge you to be very careful before starting any Small Claims action, and to consider consulting with a lawyer before you do. For example, before you start suit consider the following:

There is always the possibility of a “counter claim”. If you sue someone in Small Claims Court, it is usually possible for the person you sue to “counterclaim” which essentially means to sue you back. If so, this can mean that you may not collect on the fender bender, and instead may have to pay the other side’s claim for damages to its car.

Limited damages are available. Every Small Claims Court has a maximum amount it can award. If the maximum amount you can recover in your state’s Small Claims Court is $2,000 and you have the potential to recover $10,000, you would be giving up your right to seek the extra $8,000.

Simplified procedures may hurt you. For example, in Small Claims Court you generally can’t get to examine records that may be very important to your case which the other side – or third parties – have.

Limited rights to appeal. What the judge or court appointed arbitrator says is usually final, even if the judge or arbitrator made a serious error in terms of the facts or the law.

Lack of “punitive damages” and “value as precedent”. If the defendant’s conduct was outrageous, in some instances it is possible for a regular court to award “punitive damages” to punish the defendant and discourage others from similar behavior. Most Small Claims Courts can not award “punitive damages.

Small Claims decisions are rarely useful as “precedent” in other cases involving the same issue or the same party. So if you were just one of many victims of a fraudulent sales scheme or defective product, and you want “to teach the wrongdoer a lesson” a Small Claims action may not be the way to go.

Impact on your other rights. Say you successfully sue for the damage to your car. That may preclude you from recovering anything for the whiplash that you later recognize was caused by the fender bender. Also, if a passenger in your car later sues you, you may not be able to turn around and sue the other driver.

Again, in many cases it may makes sense to consult with an attorney before you bring suit in Small Claims Court. We urge you to be very careful before starting any Small Claims action, and to consider consulting with a lawyer before you do. For example, before you start suit consider the following:

There is always the possibility of a “counter claim”. If you sue someone in Small Claims Court, it is usually possible for the person you sue to “counterclaim” which essentially means to sue you back. If so, this can mean that you may not collect on the fender bender, and instead may have to pay the other side’s claim for damages to its car.

Limited damages are available. Every Small Claims Court has a maximum amount it can award. If the maximum amount you can recover in your state’s Small Claims Court is $2,000 and you have the potential to recover $10,000, you would be giving up your right to seek the extra $8,000.

Simplified procedures may hurt you. For example, in Small Claims Court you generally can’t get to examine records that may be very important to your case which the other side – or third parties – have.

Limited rights to appeal. What the judge or court appointed arbitrator says is usually final, even if the judge or arbitrator made a serious error in terms of the facts or the law.

Lack of “punitive damages” and “value as precedent”. If the defendant’s conduct was outrageous, in some instances it is possible for a regular court to award “punitive damages” to punish the defendant and discourage others from similar behavior. Most Small Claims Courts can not award “punitive damages.

Small Claims decisions are rarely useful as “precedent” in other cases involving the same issue or the same party. So if you were just one of many victims of a fraudulent sales scheme or defective product, and you want “to teach the wrongdoer a lesson” a Small Claims action may not be the way to go.

Impact on your other rights. Say you successfully sue for the damage to your car. That may preclude you from recovering anything for the whiplash that you later recognize was caused by the fender bender. Also, if a passenger in your car later sues you, you may not be able to turn around and sue the other driver.

Again, in many cases it may makes sense to consult with an attorney before you bring suit in Small Claims Court. We urge you to be very careful before starting any Small Claims action, and to consider consulting with a lawyer before you do. For example, before you start suit consider the following:

There is always the possibility of a “counter claim”. If you sue someone in Small Claims Court, it is usually possible for the person you sue to “counterclaim” which essentially means to sue you back. If so, this can mean that you may not collect on the fender bender, and instead may have to pay the other side’s claim for damages to its car.

Limited damages are available. Every Small Claims Court has a maximum amount it can award. If the maximum amount you can recover in your state’s Small Claims Court is $2,000 and you have the potential to recover $10,000, you would be giving up your right to seek the extra $8,000.

Simplified procedures may hurt you. For example, in Small Claims Court you generally can’t get to examine records that may be very important to your case which the other side – or third parties – have.

Limited rights to appeal. What the judge or court appointed arbitrator says is usually final, even if the judge or arbitrator made a serious error in terms of the facts or the law.

Lack of “punitive damages” and “value as precedent”. If the defendant’s conduct was outrageous, in some instances it is possible for a regular court to award “punitive damages” to punish the defendant and discourage others from similar behavior. Most Small Claims Courts can not award “punitive damages.

Small Claims decisions are rarely useful as “precedent” in other cases involving the same issue or the same party. So if you were just one of many victims of a fraudulent sales scheme or defective product, and you want “to teach the wrongdoer a lesson” a Small Claims action may not be the way to go.

Impact on your other rights. Say you successfully sue for the damage to your car. That may preclude you from recovering anything for the whiplash that you later recognize was caused by the fender bender. Also, if a passenger in your car later sues you, you may not be able to turn around and sue the other driver.

Again, in many cases it may makes sense to consult with an attorney before you bring suit in Small Claims Court. We urge you to be very careful before starting any Small Claims action, and to consider consulting with a lawyer before you do. For example, before you start suit consider the following:

There is always the possibility of a “counter claim”. If you sue someone in Small Claims Court, it is usually possible for the person you sue to “counterclaim” which essentially means to sue you back. If so, this can mean that you may not collect on the fender bender, and instead may have to pay the other side’s claim for damages to its car.

Limited damages are available. Every Small Claims Court has a maximum amount it can award. If the maximum amount you can recover in your state’s Small Claims Court is $2,000 and you have the potential to recover $10,000, you would be giving up your right to seek the extra $8,000.

Simplified procedures may hurt you. For example, in Small Claims Court you generally can’t get to examine records that may be very important to your case which the other side – or third parties – have.

Limited rights to appeal. What the judge or court appointed arbitrator says is usually final, even if the judge or arbitrator made a serious error in terms of the facts or the law.

Lack of “punitive damages” and “value as precedent”. If the defendant’s conduct was outrageous, in some instances it is possible for a regular court to award “punitive damages” to punish the defendant and discourage others from similar behavior. Most Small Claims Courts can not award “punitive damages.

Small Claims decisions are rarely useful as “precedent” in other cases involving the same issue or the same party. So if you were just one of many victims of a fraudulent sales scheme or defective product, and you want “to teach the wrongdoer a lesson” a Small Claims action may not be the way to go.

Impact on your other rights. Say you successfully sue for the damage to your car. That may preclude you from recovering anything for the whiplash that you later recognize was caused by the fender bender. Also, if a passenger in your car later sues you, you may not be able to turn around and sue the other driver.

Again, in many cases it may makes sense to consult with an attorney before you bring suit in Small Claims Court.

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Small Claims Courts – Does it make sense to go to small claims court?

Does it make sense to go to small claims court?

Whether you should go to Small Claims Court will depend on the unique facts and circumstances of your situation.

Have you tried to settle the matter on an informal basis?

Have you made a formal written demand on the other side – such as one you wrote yourself?

Are you and the other side far apart, or is the difference trivial?

Is there a person you both can rely on to “mediate” and “arbitrate” the matter for you?

Will the matter be worth your time and effort and the mental anguish involved?

Have you consulted a lawyer? While no lawyer can afford to work for nothing, and many will not want to get involved in a “small case” some lawyers might, for very little money, be able to help you. For example, very often a discussion with the lawyer may help you really understand all of your rights. If you have a legitimate claim, then a letter to the other side from the lawyer — known as a “lawyer’s letter” — may help show you are serious, and get the other side to act. Often it can produce results that you may never get in court, and save you a great deal of time and anguish.

Even if you win, how likely is it you will be able to collect anything from the other side?

What impact will going to Small Claims Court have on your future relationships with the other side, and others in the community?

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Small Claims Court Operate – How do small claims courts operate?

How do small claims courts operate?

Although Small Claims Courts tend to be very informal, they are still courts. As such, they do have precise rules that must be followed. Because even within the same state, each Small Claims Court’s rules often differ, we can not describe how your Small Claims Court operates..

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Claims Court – Is it complicated to take a case to small claims court?

Is it complicated to take a case to small claims court?

Although Small Claims Courts use what they consider to be very simplified procedures, to someone unfamiliar with the process, it still can be quite complicated.

This section of FreeAdvice is designed to make it easier for you.

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