| If you have a claim against an individual or a business | | | | you. You have with you in court a copy of the original |
| but the amount at issue is a few thousand dollars or | | | | work order as well as an estimate form from a |
| less, you may want to pursue your claim in small | | | | dealership indicating that your engine blew up because |
| claims court. A small claims court may be called a | | | | it overheated and that the cost of a new engine is |
| "magistrate court" or a "recorders court" or a "small | | | | $2,500. |
| claims court," depending on where you live. Each State | | | | In most cases, a small claims court judge would have |
| has its own name and rules for small claims court but, | | | | a hard time accepting the dealership estimate into |
| in general, a small claim is where the amount at issue is | | | | evidence because it is what is known as "hearsay." |
| less than some number, usually $5000 or $10,000. | | | | The technician who wrote up the estimate is not in |
| Small claims court makes sense when you have a | | | | court to answer questions about why your engine |
| case against someone, but the dollars involved do not | | | | needs to be replaced or whether the cause of the |
| justify the expense of a lawyer. Most lawyers are | | | | blown engine was a lack of oil. Even if you had the |
| going to want at least $1,000 to represent you in court | | | | statement from the dealership technician notarized, |
| and that figure may end up much higher. Small claims | | | | you would likely not win. In this situation, if you hoped to |
| court allows you to present your case to a judge, | | | | win you would need to have the dealership technician |
| without the need for a lawyer, and without the need to | | | | in court to testify. |
| be an expert about the rules of evidence or | | | | This prohibition against "hearsay" is a basic rule of |
| procedure. | | | | evidence that applies in most courts, but if you did not |
| For example, if you believe that your local gas station | | | | know this, you could lose an otherwise winnable case. |
| mechanic failed to put oil back into your engine, causing | | | | Another strategy that can help you win in small claims |
| the engine to lock up, small claims court probably | | | | court relates to the organization of your case. Many |
| makes sense since the cost of an engine may be two | | | | small claims court cases are denied because the |
| or three thousand dollars. Similarly, if you have a | | | | plaintiff presents a disorganized and unclear case. A |
| dispute with your landlord over an $800 security | | | | simple way to avoid this problem would be to prepare |
| deposit, it hardly makes sense to pay a lawyer $1,000 | | | | a time line setting out exactly what you think happened |
| to litigate. | | | | organized chronologically. Evidence, such as the original |
| Although small claims court cases need not comply | | | | work order and testimony of the dealership mechanic, |
| strictly with rules of evidence and procedure, your | | | | should be introduced at the appropriate point on the |
| chances of success will improve if you make an effort | | | | time line. |
| to present your case clearly and logically and if you | | | | Small claims court judges deal with disorganized cases |
| know a little about rules of evidence and procedure. | | | | so frequently, they regularly use the "time line" |
| Remember that the judge presiding in small claims | | | | technique with their own notes. If you present your |
| court is a lawyer and he will be much more | | | | case using this technique, you will make the judge's life |
| comfortable with your case if you do not ask him to | | | | easier and thereby improve your chances at winning. |
| ignore his instincts when it comes to evidence and | | | | A small claims court serves as a great resource for |
| procedure. | | | | individuals to resolve conflicts. If you believe that you |
| Issues of evidence and credibility often determine how | | | | have a claim deserving of adjudication in small claims |
| a judge will rule. Here is an example. Let's say that you | | | | court, pay a visit to your county small claims courtroom |
| are filing suit in small claims court against a mechanic | | | | to observe what happens, then prepare your own |
| who you believe acted negligently in failing to put oil | | | | case and take it to court. |
| back into your engine when he returned your car to | | | | |