Winning in court doesn't happen by accident. It takes a good set of facts and careful planning. If the law is on your side and you're willing to put in the time to prepare your case, you'll increase your chances of success. In this article, you'll learn tips that will help you prepare for your day in small claims court.
What Type of Small Court Case Do You Have?
You likely know you must prove your case by presenting evidence in court. But what is it that you'll need to prove? The “cause of action” or the type of case you’ll file will tell you.
Most cases filed in small claims court are personal injury cases involving physical harm, property damage cases, or contract cases. Your case likely falls into one of these categories.
What You Must Prove
Generally, you’ll need to prove that the person or company you're suing, known as the “defendant,” failed to do something they were supposed to do. You must also prove that you lost money or were “damaged.”
The law governing your case type lists the particular factors or "elements" you must prove in your small claims case. You'll lose if you fail to present evidence proving one of the required elements.
Find out what you must prove in personal injury cases or learn about breach of contract cases.
Contract Law Example
Suppose you paid for a group excursion that the organizer canceled due to a lack of interest. The organizer failed to return your money, and you'd like it back.
You would have a breach of contract case. The organizer breached (broke) the contract by failing to provide a trip in exchange for a fee.
After researching contract law, you find that to get your money back in small claims court, you must present evidence of the following elements:
- You entered into a contract with another person or business.
- The individual or company failed to live up to the terms of the agreement.
- As a result, you suffered a loss.
So, how would you do this?
In this canceled trip scenario, a signed contract would be the best evidence of the existence of a contract, but a copy of a flyer you responded to might also work. Additionally, you'd have to show that you paid for the trip. In that regard, a receipt or canceled check should do the trick.
Determining Whether to Sue in Small Claims Court
You’ve done your research. You know your case type and believe you have the evidence to prove each element. But will it be enough? And will a lawsuit make you whole or dig a deeper financial hole?
Before going forward, you’ll probably want to consider a few more potential issues. Answering the following questions will help.
Can You Present Credible Evidence?
A case is only as good as what you can prove, so you’ll want to evaluate your evidence to ensure you can prove each element and your case is as strong as possible. Here are some of the types of evidence you might be able to use to meet your evidentiary burden:
- witnesses
- photographs
- letters
- medical reports and bills
- business documents
- receipts, and
- experts.
Most evidence types listed above are self-explanatory, but proving some elements can be more challenging than others. For instance, you might need an expert in a specific field if proving a particular action caused harm is difficult.
Example. Suppose you experience mechanical trouble after taking your car to the repair shop. The court might require an expert to testify about the problem and that the repair shop likely caused it. For instance, a mechanic would be in the best position to explain why your electrical system went out after the repair shop replaced your alternator.
Example. Suppose you started experiencing headaches after getting a massage. Because many things can cause headaches, you won't be able to count on the court attributing the headaches to a bad massage based on your testimony alone. You'll have a better chance of winning if you bring in an expert in the field, such as a doctor, who can review your medical records and render a professional opinion linking the massage to the headaches.
Can You Prove Damages?
No matter what the defendant might have done wrong, if you didn’t suffer any harm, you won’t recover money. Also, even if the damage is obvious, you must present evidence of the amount it will take to fix the problem or reimburse you for your “damages.”
If you fail to prove the dollar amount of your damages, in the eyes of the law, you weren’t harmed and won’t recover money.
Example. Suppose a driver tapped your rear bumper when stopping at a stoplight. Enraged, you immediately hop out of the car but can't find a scratch when inspecting the bumper. You won’t be entitled to recover money because, without property damage or injury to yourself, you can’t prove you suffered harm.
Example. Suppose your neighbor borrowed your fishing boat and returned it with a hole in the bottom. Using photos and witness testimony, you convince the judge that the neighbor damaged your boat. However, when the judge asks how much it will cost to fix the hole, you’re stumped and respond that you didn’t know you needed estimates. Because proving damages is an element in almost every action, the judge will likely award you nothing without evidence of the amount you’re out of pocket.
Can the Defendant Pay a Small Claims Judgment?
Your analysis shouldn't end with evidence unless the satisfaction of winning is enough. Pursuing a case won't make sense unless the person you’re suing can pay a judgment.
Example. Carla won a money judgment against a neighbor who caused her backyard deck to collapse after digging a trench along the property line. When Carla asked the neighbor to pay the judgment amount, the neighbor refused. Carla later learned the neighbor was unemployed and owned no valuable property. Out of luck and stuck holding the bill, Carla wished she’d known this information before filing the small claims action.
If you’d like more on assessing whether filing a small claims case makes financial sense, learn what it means to be judgment proof and when a creditor can’t collect.
Preparing Your Small Claim Matter
If the facts and evidence are on your side and the defendant can pay a judgment, the next step will be preparing your case. Here are a few procedural issues you’ll want to consider:
- Are you within the statute of limitations filing period?
- Do you know who to sue?
- Is a demand letter required?
- Do you know which court to file in, the forms required, and the filing fee amount?
- How and when must you serve the defendant with the small claims action?
Statute of Limitations
You have a limited time to file your case and must file it within the time allowed by law. Each state’s cause of action time limits are in the state’s statutes of limitations.
Read the small claims article for your state for statute of limitations information and tips to help you navigate the small claims process.
Finding the Correct Person or Business to Sue
You must sue the correct person or business when filing a lawsuit. If you're suing an individual, spell the name correctly. If a company caused you harm, you'll need to know the type of business entity. For instance, the business might be one of the following:
- a sole proprietor with a dba ("doing business as") name
- a partnership
- a limited liability company, or
- a corporation.
Take the time to get the name right. Suing the wrong person can be a quick way to lose a small claims case.
Sending Out a Demand Letter
It's a good practice and often required to send a letter to the defendant asking or "demanding" the defendant to pay your losses. The letter should provide proof of your damages and give the defendant a deadline to respond.
Drafting and Filing the “Claim”
Once you've gathered your information and sent out your demand letter, you'll be ready to prepare your “claim,” the form you’ll file to start the small claims lawsuit. The claim is similar to the “complaint” in higher courts.
How you do this will depend on where you live. Some courts require you to complete the claim online. Others might have you file the form with the clerk of the court.
Serving the Defendant
After completing the documents, you must inform the defendant about the case by serving the lawsuit. How far in advance you must serve the defendant will depend on the laws of your state.
Many small claims courts help you with service, but not all. In others, someone over 18 who is not part of the suit must "personally serve" the defendant by delivering the documents to the defendant. After doing so, the "process server" will complete and file a document with the court verifying the service took place.
Preparing for Your Small Claim Trial Date
Participating in a court trial can be nerve-wracking, but being prepared will help alleviate your fears. Here are a few suggestions:
- Put together a brief introduction explaining your case.
- Write out witness questions to make sure that your evidence comes in.
- Assemble your evidence so that it's easy to access in court.
- Make ample copies of all the documents you plan to present to the court because you'll need to give a set to everyone involved, including the defendant, the judge, and the court clerk.
- Prepare a closing argument that states why you should win.
If you can, observe a proceeding beforehand. You'll get a good feel for what to expect, how to handle your evidence and question witnesses, and what you should wear (clean and neat business casual attire is a good bet).
Planning Your Small Claims Court Presentation
Small claims court judges tire of rambling, overly argumentative presentations. Judges also don't want to struggle to figure out what you want.
The best bet is to present your case logically, concisely, and confidently with minimal emotion. Making a straightforward argument while maintaining a confident, respectful composure will impress the judge and give you the best chance of prevailing.
So, how do you achieve the necessary confidence? Preparation is essential. Anticipate accusations or defenses that the other side will present and prepare your response. It will help you avoid lashing out angrily and weakening your side.
Read Defending a Small Claims Case for insight into a defendant's preparation.
What to Expect the Day of Trial
When you arrive at the courtroom, check the court's docket (the list of the day's cases) to find where your matter falls. The court usually sets multiple suits for the morning and afternoon sessions and will likely hear cases according to the docket order. However, lawyers are often allowed to skip to the front of the line, and lengthy cases are usually heard last.
You'll wait in the audience until the bailiff or court clerk gives instructions. Be prepared to go into the hallway to try to settle your case with the opposing party. Most courts will require you to attempt to come to a resolution before hearing the matter. You’ll present your case to the court if the action doesn't resolve.
After the Small Claims Trial
You probably won’t learn whether you’ve won until you receive the court’s decision in the mail. In many but not all states, you can appeal a loss. But you’ll want to move quickly. The time to appeal cases is often short.
If you prevail, the next step will be collecting your winnings. You’ll find helpful information in Collecting on Small Claims Judgments and Small Claims Court: Paying a Judgment.
Consult a Lawyer
The small claims process is more informal than trial procedures in higher courts. However, success in small claims court depends on solid research, organization, and a convincing presentation.
If you’re uncomfortable representing yourself, most states allow lawyers to represent litigants in small claims court. If not, you can hire a lawyer to help prepare and serve your claim and formulate a compelling, legally sound argument.