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Small claims court for #33325 by Nicole & by Melody
Posted by  BrendaTX of TX on 7/26/05 5:05am Msg #54673
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

=======================================

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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Messages in this Thread
 Almost everything you need to know to become successful - Dorothy/MI on 4/22/05 11:00am
 Good job, Dorothy-MI! n/m -  Brenda Stone on 4/22/05 11:07am
 Thank you again, Dorothy and Brenda, et al!! - Mary Mantz on 4/22/05 4:42pm
 further evidence of a slow down - anon on 4/22/05 11:48am
 Loan Signer Training - Anya/LA (CA) on 4/22/05 1:04pm
 Re: Loan Signer Training - MaggieMae_CA on 4/22/05 3:23pm
 Re: Loan Signer Training - Mary Mantz on 4/22/05 4:45pm
 Added to thread #33325-Counter-point View- NSA training -  BrendaTX on 7/13/05 9:06am
 Re: Loan Signer Training - Carlos/CA on 12/10/10 12:10pm
 Re: further evidence of a slow down -  Stephen_VA on 4/22/05 2:51pm
 Re: Almost everything you need to know to become successful - chelleCA on 4/22/05 2:11pm
 Re: Almost everything you need to know to become successful - Knotaree DC on 4/22/05 3:49pm
 Re: ALMOST everything you need to know to become successful - JanetK/CA on 7/18/05 12:33am
 Details and Accuracy are Important - adding to #33325 -  BrendaTX on 7/14/05 11:00am
 Re: Almost everything you need to know to become successful -  Laura_NH on 4/22/05 10:50pm
 Re: Almost everything you need to know to become successful - Sansan7 on 5/18/05 9:11pm
 Re: Almost everything you need to know to become successful - David Woodul on 5/30/05 5:30pm
 CA-Almost everything you need to know to become successful - Elda Garibay on 6/1/05 2:17pm
 Re: Almost everything you need to know to become successful - sweetpea, al on 6/1/05 5:50pm
 Re: Almost everything you need to know to become successful - nkroyall on 6/7/05 4:17pm
 Additional information - Not an entitlement - Dorothy/MI on 6/13/05 8:57am
 Bookmark 'em - BrendaTX on 6/13/05 9:32am
 Re: Additional information - Not an entitlement -  Judith_VA on 6/13/05 3:00pm
 Re: Additional information - spell check - SamIam_CA on 6/13/05 3:27pm
 Recommended Reading: As a new NSA..here is my perspective - BrendaTx on 6/13/05 9:32pm
 Re: Recommended Reading: Added Nicole to #33325 thread n/m - BrendaTx on 6/13/05 9:33pm
 Re: Additional information - Not an entitlement - NJDiva on 9/29/10 10:00pm
 Adding to "Success" thread #33325 - Here's eDoc practice. - BrendaTx on 6/13/05 9:36pm
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 Re: Adding to "Success" thread #33325 - Here's eDoc practice. -  katsr_CA on 8/31/05 2:40pm
 Re: Adding to "Success" thread #33325 - Here's eDoc practice. - DTNotaries on 3/16/06 6:59pm
 Re: 2nd link doesn't work any longer - Jodith/WA on 1/2/10 6:25pm
 Jodith, this is a very old thread (4 years) -  BrendaTx on 1/2/10 6:31pm
 Re: Jodith, this is a very old thread (4 years) - Jodith Allen on 1/2/10 6:39pm
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 Re: Acronyms regarding loans by Brian/CA - linda/ca on 7/24/05 3:19am
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 Small claims court for #33325 by Nicole & by Melody -  BrendaTX on 7/26/05 5:05am
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 Posted from msg 95364 - Brenda_TX - Newbie Msg for Today - Dorothy_MI on 2/10/06 2:37pm
 Re: Posted from msg 95364 - Brenda_TX - Newbie Msg for Today - lulu on 2/10/06 3:11pm
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 Re: Signing prior to printed date BarbaraL-CA added to 33325 -  BrendaTx on 5/19/06 9:37am
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 Re: Adding to 33325 -Check list of compter needs for working -  hcampersFL on 10/30/06 7:10am
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