Small Claims Court

[Rhonda922]

Has anybody ever been to small claims court? I have to go soon (I'm the person suing) and I'm just wondering what to expect.

 

[Cindy's Mom]

I would think it would be like the Judge tv shows - without the drama. All those cases are pulled from Small Claims Court dockets. Make sure all your documentation is in order - make a copy for the judge and the defendant and present yourself in a professional manner.

 

[mtblujeans]

It's much more casual and you get to talk directly to the Judge....but you should be very respectful to him to 'make a good impression'. Try not to talk directly to the people on the other side during the proceedings as it can turn into a yelling match with the more casual procedures. Get as much detail in as you possible can so the Judge gets the full picture. And, the Judge may try to hurry things along so expect that.

 

[Texan Mouseketeer]

I went and spent $67 in court fees and won - and then found out that the courts do not enforce it if the other side does not pay and there's not a lot you can do other than filing a complaint with the Better Business Bureau. So that stank. I don't think I'd do it again.

 

[scrump]

We almost had to go, but the State Attorney General mediated our issue. We had a booklet sent to us that outlined everything, and we had some of our attorney friends tell us that it is pretty casual (but we had never been to court, so had no idea what to expect). Good luck.

 

[Rhonda922]

Hey, thanks for your replies. Yes, I hope that I have everything in order. I'm looking at my case from the judge's point of view and I'm hoping to present my case very clearly. I have all my documents in order. That was a really good idea about making copies of everything. I'm a little nervous about this whole thing but believe me, I wouldn't be going thru with this unless I thought that I was right. I've never sued before and hopefully this will be the last time.

 

[bubba's mom]

found out that the courts do not enforce it if the other side does not pay and there's not a lot you can do other than filing a complaint with the Better Business Bureau. So that stank.

i agree....i won my case and the girl still refused to pay. i was told they would sheriff sale her belongings until i got my money, but I had to pay more money to file again...and before I knew it...more money and the law dragging their feet....never got my money. Just got the court cost reimbursed..so, i spent more money and time and the law was never enforced without me dipping into my pocketbook further! forget it...i wasn't wasting any more time or money.... But, have all your ducks in a row....good luck!!
fwiw.....beginning to realize the law protects the guilty.....having some contempt of court issues with my sister, have to wait 4-6 weeks (yes, i said weeks) to have her arrested for non-compliance with court order! amazing how police/courts can't do anything to enforce this stuff ...what's the point of having police to "uphold the law" and a court order if nobody does anything about it???

 

[tkd lisa]

I went a couple of times when we owned rental property. And yes, you do usually speak directly to the judge, and clear, concise information is best.

In some states, they require you to try mediation before the judge will listen to you. You might call the courthouse to see if that's the way yours is.

 

[escape]

I went and spent $67 in court fees and won - and then found out that the courts do not enforce it if the other side does not pay and there's not a lot you can do other than filing a complaint with the Better Business Bureau. So that stank. I don't think I'd do it again.

If the other person works can't you garnishee his/her wages? I've won a few small claims cases (for work related matters) and this is what I had to do.

 

[scrump]

I went and spent $67 in court fees and won - and then found out that the courts do not enforce it if the other side does not pay and there's not a lot you can do other than filing a complaint with the Better Business Bureau. So that stank. I don't think I'd do it again.

We were dealing with a corrupt landlord, and were initially discouraged when we heard that the court really doesn't enforce payment, even if we do win. I'm sure there would be some recourse, as there was with us, we were advised that we could put a lien on the property, have a sherrif withdraw funds from their business account, etc. Every state is probably different. I did a lot of research on community boards that dealt with similar issues.