Re: Tips for small claims court suits
Posted by Nicole_NCali on 7/19/05 11:56am
Msg #53119 from logged in user
I agree with all of the above except in California Small Claims, you either can have a Pro tem hear your case or a judge. Most of the time it is a pro tem (lawyer who sits in for the Judge or commissioner) A demand for payment must have been sent, it is good to always send a certified letter to the last known address, (this came directly from a court commissioner who was giving us general directions on winning our cases)
We posed to him the fax transmittals and he stated "who's to say that the fax number was accurate, I trust certified mail (US post office) more so than fax transmittals. Also, he stated that small claims is set-up specifically for the small issues, so apologizing to the pro tem or judge about your case is irrelevant, what most of the pro tems or judges want is as Melody stated, mediation on the case and advising the judge that this is what you want to do or if the case is heard, requesting a stipulated judgment if the party at hand is having financial difficulty in paying you. This makes you look like a reasonable person.
Where I work for, we win about 95% of our cases. The preparation of your exhibits is important, so keep those confirmations and your correspondence at hand. Telephone calls are good, but can you show or present a telephone call. Your demand letters or collection letters are your best source of evidence.
I have taken several people to small claims court. I always win. Part of the reason: I managed law firms for 20+ years.
1. Document the heck out of your experience. Your invoice. Fax transmission reports. Their confirmation sheet. Their website statements. Everything. Don't forget to send a Late Fee statement that includes $x per week for late fees for late payments. Include the fax transmission reports for these Sends. (Don't quote a % for late fees. You will get in trouble with %s.)
2. Recite a higher-than-you-want payoff amount for resolution of the case. This gives you room to negotiate down. Include late fees.
3 Put your sheets into a 3-ring binder with tabs. Make it VERY easy for the judge to flip through. Add your own website pages with payment policy stipulations.
4. If you are given the option to mediate instead of going before the judge, take it. If the other party refuses, that makes you look good. If they go to mediation, you can negotiate your payoff.
5. Dress like you are attending a funeral and sitting next to your VERY conservative grandmother. Wear a suit. Women: wear a lace scarf and white blouse. A cameo pin is a good touch. Wear a skirt and stockings. (My sympathy - I hate 'em.) Men: wear a suit and tie. Both: wear gray or navy for the jacket/shirt/pants parts. I once won a case because I showed up in church clothes and my opponent appeared in Hawaiian garb and white shoes. Our financial numbers were close - his clothes and disrespect won me the case
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Tips for small claims court suits
Posted by Melody on 7/19/05 1:08am
Msg #53049 from 24.22.178.241
I have taken several people to small claims court. I always win. Part of the reason: I managed law firms for 20+ years.
1. Document the heck out of your experience. Your invoice. Fax transmission reports. Their confirmation sheet. Their website statements. Everything. Don't forget to send a Late Fee statement that includes $x per week for late fees for late payments. Include the fax transmission reports for these Sends. (Don't quote a % for late fees. You will get in trouble with %s.)
2. Recite a higher-than-you-want payoff amount for resolution of the case. This gives you room to negotiate down. Include late fees.
3 Put your sheets into a 3-ring binder with tabs. Make it VERY easy for the judge to flip through. Add your own website pages with payment policy stipulations.
4. If you are given the option to mediate instead of going before the judge, take it. If the other party refuses, that makes you look good. If they go to mediation, you can negotiate your payoff.
5. Dress like you are attending a funeral and sitting next to your VERY conservative grandmother. Wear a suit. Women: wear a lace scarf and white blouse. A cameo pin is a good touch. Wear a skirt and stockings. (My sympathy - I hate 'em.) Men: wear a suit and tie. Both: wear gray or navy for the jacket/shirt/pants parts. I once won a case because I showed up in church clothes and my opponent appeared in Hawaiian garb and white shoes. Our financial numbers were close - his clothes and disrespect won me the case.
6. Be extremely deferential to the judge. Use these phrases: "Your Honor" "Yes Sir" "Yes Ma'am." Apologize to the judge for taking his time on such a small matter. You just felt you had no where else to turn. Do NOT be angry. Be sweet. Be a supplicant.
The court judge could be in a bad mood and order you to jail for contempt for the slightest and tiniest of reasons. Do not underestimate the judge - he could be the father of a pregant teen and in a VERY bad mood. Be very good and very careful.
Good luck!
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