Question

If you sue for $200.00 in the Civil Court, Small Claims Part, tell me what choices you would make and the benefits or detriments(harm) that would result and why?

Answer 1

Choices you can make:

• Disputes of less than $7,500 and not involving real estate may be resolved in small claims court.
• You file a small claim in district or municipal court with the court clerk.
• If there are multiple persons involved, there may be additional filing charges.
• Before going to court you should attempt to collect what is owed to you on your own. Sending a written notice to your adversary may be enough to force settlement. Showing the judge that you gave the defendant a reasonable chance to resolve the problem may even help your case.
• Before you get into court, be sure you have all your facts straight. Organize all documents relating to your case (written warranties, canceled checks, receipts, leases, copies of your written requests for payment, etc.).
• If you have witnesses, tell them about the hearing date far enough in advance so that they can arrange to attend the hearing. Although witnesses are not necessary, having them may strengthen your case. One or two witnesses will likely be adequate to support your case. Be sure your witnesses know all the ramifications of the suit and that they are prepared so their testimony will be brief but complete.
• Take time to think about how you will present your case. Write down the order in which you plan to state the facts. Planning before helps to prevent rambling later. Organization and brevity are important, but you will want to tell the judge the complete story. Details that you feel may be unimportant may help the judge to decide the case. Tell the whole story.
• Finally, if you feel the need, see a lawyer before going to court to help straighten out the facts.
• Bringing a suit in Small Claims Court has both advantages and disadvantages for the consumer.

Advantages:

• lawyers are not required in small claims court, and formal rules of evidence are not followed. Consumers are encouraged to prepare and present their own cases, which minimizes the overall costs.
• The simplicity of small claims court is an advantage. Complicated legal forms and language are kept to a minimum. As mentioned earlier, to get your case started, you only have to fill out a few lines on a simple form explaining your problem and identifying the parties involved.
• The most important advantage is that legal decisions are made quickly. Most disputes are heard within a month or two from the time the complaint is filed. The judge will make his or her decision on the basis of what is presented in the courtroom and normally will deliver a decision within a few days.

Disadvantages:

• Small claims courts operate only during normal business hours. Consequently, people may have to take time off from work to attend court hearings.
• Some people may feel uncomfortable standing up in court and telling their stories to a judge. Small claims court should not frighten a person with no previous legal knowledge. It was designed to help you, not hurt you. The judge will not expect you to know legal jargon. She or he has been trained to speak in plain English and to ask question to get the whole story.
• Winning your case does not always guarantee payment. If the defendant does not pay you immediately or does not pay in installments as ordered by the judge, the court can issue an order called an "execution of judgment" that will allow the local sheriff to attempt to collect the judgment for you, for a small fee. The court allows sheriffs and marshals the right to take attach or cash as collection and will do so if necessary.