Sometimes people are wrongfully sued in a small claims action, and presenting a convincing defense is important to ensure the judge understands both sides. Organizing your case before you appear in court will help you present your case in the best light, and possibly even win.
What's Driving the Small Claims Court Case?
Most people prefer to let minor disputes go rather than filing, serving, and presenting a small claims case, so consider asking yourself, "Why did this plaintiff sue me?" The answer will tell you something about the type of opponent you're facing.
Here are a few possibilities.
- A plaintiff with a winning case who knows you can afford to pay a judgment.
- An aggressive, arrogant plaintiff who believes they can sway the court.
- An angry plaintiff who wants to punish you with a court battle.
- Some combination of the above.
How to Defend Against Small Claims Court Plaintiffs
If you identified a particular personality type, it will be easier to formulate your overall strategy.
When You Don't Have a Plausible Small Claims Defense
If the plaintiff stands a good chance of winning, look for holes that could prevent the plaintiff from meeting the evidentiary burden of proving the case (more below). If plaintiff has a solid case, consider cutting your losses and agreeing to pay what you owe.
Defenseless cases usually involve failing to pay a well-documented debt, such as rent or a credit card bill. You also won't have much ground to settle for less, but you could try. A reasonable plaintiff might take less to avoid going to court. An unreasonable plaintiff more interested in disrupting your life won't settle beforehand.
When You Have a Good Defense to a Small Claims Action
Most people have a better chance of winning against an arrogant or vengeful plaintiff. Think of this plaintiff as a confident bully or a practiced victim (not to be confused with an actual victim).
In this scenario, you can get far by presenting your evidence in a level-headed, determined manner. Staying calm and focused will help the judge accurately assess credibility.
Such cases often involve injuries resulting from a physical altercation, property damage, an unreasonable repair bill, or a fallout with a business partner. (This dynamic can arise in frivolous restraining order matters, too.)
If you just want the case to go away, you can find out how to make that happen by reading Will Filing for Bankruptcy Stop a Civil Lawsuit?
Defense Strategies for Small Claims Court
Start by thoroughly reading the claim. After honestly assessing your case and considering the points above, you'll want to ask yourself more questions, including the following:
- Are you properly listed in the complaint caption? Check that you're the person being sued. If it's not clear, consult with an attorney.
- How long ago did the incident occur? The plaintiff must file the suit within a particular period called the "statute of limitations." The time frame is usually one to six years, depending on your state and the type of case. If the plaintiff filed the action too late, you'd respond by filing an objection to the action instead of an answer.
- Are you being sued in your county? In most cases, the plaintiff must come to you. If you're facing a lawsuit in a county you don't reside in, the court might agree to transfer the case. However, the plaintiff to have the right to sue you where your payment is due or some other place listed in your contract.
- Are you responsible for the wrongdoing claimed in the complaint? If the plaintiff can prove the truth of the allegations, focus your efforts on not paying more than you must. If you are innocent, gather the evidence you'll need to prove your defense.
- Is the plaintiff demanding too much money? If you're responsible, but the plaintiff wants too much money, present evidence establishing the actual value of the case. For instance, you might need to prove a 20-year-old car is worth less than $1,000, not the $10,000 asked for in the claim.
- Can you prove your position with evidence? In litigation, the "truth" is the version supported by evidence. You'll want to present witnesses, documents, or pictures to discount inaccurate claims.
- Do you have a claim against the plaintiff? If the plaintiff caused you harm, you could ask the court to award you money by filing paperwork called a "cross-complaint."
This synopsis cannot address every issue that might arise. Instead, use it to help you objectively evaluate your case and decide how to proceed.
Filing the Correct Small Claims Response
Once served with a complaint, you won't have much time to file a response, usually 30 days or less. Check the laws of your state.
Your case facts will determine how to respond, and filing the wrong document could mean losing rights. Worse yet, not responding at all could mean automatically losing the case. The court will likely issue a "default judgment" awarding the the amount the plaintiff's evidence shows the plaintiff is owed.
Consider Settling Your Case
In many cases, it makes sense to reach an agreement with the plaintiff before the case goes to trial. It will work best if you offer to pay slightly more than the plaintiff could get after deducting expenses, such as the cost of collecting the judgment. Overall, a plaintiff will likely be receptive to a settlement if the plaintiff:
- needs money
- is dreading the hassle of the trial, or
- is worried about losing the case.
If you do settle, you'll want to get the terms in writing.
Preparing for Trial
Anticipating what the plaintiff will say and present as evidence is essential when preparing your case. You'll want to present evidence disputing the plaintiff's allegations in response. Additionally, if you filed a cross-complaint, you'll have an affirmative burden to introduce evidence proving your case.
For more details about preparing for and attending trial, read Success In Small Claims Court.
What to Expect at Trial
After checking that your case is listed on the docket posted outside the assigned courtroom, you'll let the court clerk know you're there and sit in the audience. The bailiff will either provide additional instructions or call your case.
Before hearing the matter, most courts require litigants to go into the hallway for settlement talks. Court personnel or a volunteer might be available to help you reach a compromise. If successful, the court will document the terms of your settlement. Otherwise, the case will go forward, and the judge will decide who wins. You'll usually learn the result when you receive the judgment in the mail.
Collecting the Judgment
The winner, known as the "judgment creditor," is entitled to the amount the court orders paid by the loser, the "judgment debtor." If the debtor doesn't pay the judgment, the judgment creditor can take steps to collect the debt.
To learn how to recover an award, read Collecting on Small Claims Judgments. You'll find an explanation of a judgment debtor's options in Small Claims Court: Paying a Judgment.
What Should You Do If You Don't Have Money to Pay?
If you don't have any assets the plaintiff can get, preparing a defense might be unnecessary. Find out more by reading What It Means to Be Judgment Proof: Your Creditors Can't Collect From You.
When to Hire a Lawyer
It's good to seek professional advice when the stakes are high. If your state laws don't allow an attorney to represent you in small claims court, a lawyer can prepare the documents you'll file with the court and help you organize your arguments.
Otherwise, take advantage of resources such as the instructions on your local court's website or the help available in a free clinic in many courthouses.