Small claims court judges resolve disputes involving relatively modest amounts of money ($2000 or less in Massachusetts). The people or businesses involved normally present their cases to a judge or court commissioner under rules that encourage a minimum of legal and procedural formality. The judge then makes a decision (a judgment) reasonably promptly.

Although procedural rules dealing with when and where to file and serve papers are established by each state's laws and differ in detail, the basic approach to properly preparing and presenting a small claims case is remarkably similar throughout the United States. In a handful of states, including California, Nebraska and Michigan, you must appear in small claims court on your own. In most states, however, you can be represented by a lawyer if you like. But even where it's allowed, hiring a lawyer is rarely cost-efficient. Most lawyers charge too much given the relatively small amounts of money involved in small claims disputes. Happily, several studies show that people who represent themselves in small claims cases usually do just as well as those who have a lawyer.

Presenting Your Case to a Judge

Increase your chances of winning by knowing what to say to the judge and practicing in advance.

First, understand that the judge is busy and has heard dozens of stories like yours. To keep the judge's attention, get to the point fast by describing the event that gave rise to your claim. Another way of saying this is to start with the end, not the beginning, of your story. For example, if your dispute involves a car accident at Rose and Virginia Streets caused by the defendant running a red light, say that first, not why you were on Rose Street in the first place or how terrible it is that road rage causes people to disregard traffic signals. Use no more than two or three sentences to describe what happened.

After you make your point, immediately follow up by stating how much money you are requesting. And be prepared to document this amount. In the case of a car accident, this would mean getting several repair estimates from reputable repair shops.
Here is an example of a good start for a small claims presentation: "Your Honor, my car was damaged on January 10, 2000, when the defendant ran a red light at Rose and Virginia Streets in the town of Saginaw and hit my front fender. I have a canceled check to show it cost me $427 to fix the fender."

After you have clearly stated the key event, double back and tell the judge the events that led up to your loss, using diagrams, photos, or other appropriate visual aids. For example, you might ask the judge for permission to display a large diagram of the intersection you made with marker pens on white paper (use different colors for key vehicles). Once the judge understands the basics of your claim, you can fill in the background by explaining, for example, that you were driving below the speed limit and had entered the intersection when the light was green, and when the defendant came barreling through the red light, you did your best to avoid the defendant's car.
If you have any witnesses, this is the time to introduce them, explaining briefly who they are and what they saw. For example, you might say, "Your Honor, may I introduce an eyewitness, Elisabeth Elders, who regularly carpools with me. Ms. Elders saw exactly what happened."

At this point in most small claims courts, Ms. Elders would stand and tell the judge what she witnessed.

The key to you, and any witness, making a convincing presentation is the practice in advance. Line up an objective, tough-minded friend and run through your entire case just as you plan to on court day. Ask your friend for suggestions, not compliments. For example, he may tell you that you need a witness or written documentation, a better grasp of the legal technicalities involved or a better-organized presentation. Take his advice to heart and make all possible improvements. Then practice again.

Will I get paid if I win the lawsuit?

Not necessarily. The court may decide in your favor, but it won't handle collection for you. So before you sue, always ask, "Can I collect if I win?" If not, think twice before suing.

Worrying about whether or not you can get paid is reasonable, because some people and businesses are "judgment proof" -- that is, they have little money or assets and aren't likely to acquire much in the foreseeable future. If they don't pay voluntarily, you may be out of luck. Ask yourself whether the person you're suing has a steady job, valuable real property or investments. If so, it should be reasonably easy to collect by garnishing his wages if you win. If not, try to identify another collection source, such as a bank account, before going forward. For people who seem to have no job or assets, ask whether they are likely to be more solvent in the future, since court judgments are good for 10 to 20 years in many states and can usually be renewed for longer periods. You'll want to consider now whether the person might inherit money, graduate from college and get a good job, or otherwise have an economic turn-around sometime down the road.

Reprinted by permission from Nolo.com©

Copyright © 2001 BayState Web Technologies, Inc.
All rights reserved. Republication or redistribution of BlackBostonOnline.com content is expressly prohibited without the prior written consent of BayState Web Technologies, Inc.