How to Win Your Small Claims Lawsuit

If you find yourself involved in a small claims lawsuit, here are some things you need to know to win your case. No, this is not legal advice (as that would get me in trouble) but rather tips on what to remember when your day in court arrives.

Earlier this week, I had the great fortune to spend 5 hours watching and listening to small claims cases being brought before a judge in Clark County, Nevada. I had been asked to accompany my real estate clients to act as a witness to the damage caused by their previous renters in one of their homes that I have listed for sale. I learned a few things that day that I would not necessarily have thought of before. I hope you, too, can learn something that will ensure that you will be as prepared as possible if you ever find yourself in a small claims courtroom.

There were several cases regarding landlord-tenant issues. It amazes me how so many people could honestly believe they don't need to pay his or her agreed upon rent for some reason or another. Several defendants tried to paint the home-owner or apartment manager as some money-hungry bastard out for blood. "Don't they understand that I had a $300 cell phone bill three months in a row and there was no way I could pay my rent?" I'm pretty sure they don't care about your ring tone downloading addiction. "But I didn't get that raise I was expecting at work! How do they expect me to pay $1200 a month on my $10 an hour job?" Well maybe you shouldn't have chosen that exclusive apartment, you idiot. Can you say "Living beyond your means?"

Yes, you need to pay your rent. The whole amount, and every month. Oh, and it is a good idea to pay it on time while you are at it. The property owner is more than likely making a mortgage payment and they are not going to be happy about being in the red for more than a very short time. They just want their agreed upon rent, or they want you to move out so they can find someone who will pay it. If you don't pay your rent for a while and then leave the property owner high and dry, they may very easily win a judgment against you. They will hand the bailiff your lease agreement and an itemized statement of your rent payments (and those that were missing). Some states will even allow for them to garnish your wages. Each side must present their receipts and any other relevant documents. The judge is not going to take your word for anything regarding money.

There were also a couple of cases regarding shoddy car repairs. For example, one plaintiff had a timing belt changed at a small car repair shop. Apparently the mechanic did not remove the oil pan to flush any scraps from the old belt out of it. This debris caused the oil line to clog, thereby damaging the engine. In fact, the entire engine needed to be rebuilt to the tune of about $3500. The judge made a point to ask for the actual receipt for the original car repair and the engine replacement. If you just have an estimate of what the repair will be to get it fixed, you will probably not get diddley squat. You need to actually have paid for the repair, and then you can sue the allegedly responsible party for reimbursement of that cost. The judge may or may not agree with you on if the defendant is actually responsible, but if you have not already paid out of your pocket, you won't get any money from them anyway.

Here is a more general tip for you: Shut your mouth. Seriously, it was just like on television courtroom shows in there. I suppose I thought the parties in Judge Judy's courtroom were acting in an exaggerated manner for ratings purposes. They aren't. Whether people were suing each other for $200 or $2000, most of them were down right rude. Of course, they are upset. They feel as if they have been wronged to a horrible extent. Many of them have been, and I understand that. The judge will ask each side to briefly (emphasis on BRIEFLY) explain his or her case. This is the time the speaker will throw in a few personal digs against the opposing party. Just stick to the facts, ma'am; what did he or she do (or not do) that caused you to come to court today? The judge doesn't want to hear what else the guy did last New Year's Eve or why your sister warned you not to date him in the first place.

Invariably, while the opposing party gets his or her chance to tell the other side of the story, people do crazy things. They might burst out with "That's a damn lie!" or "I never did that! You are so full of it!" For some reason, hearing someone accusing you of something brings out the worst in most people. Courtroom or not, it is very difficult to not let your emotions take over. One factor that may be in play here is that everyone else in the courtroom is listening to the accusations. Even though you will probably never see any of these people again, I imagine it is still hard to not defend yourself instantly and continually. Even though you know you are supposed to be quiet and let them finish. The judge I witnessed had to threaten several people (more than once) to shut up or she was going to dismiss their case right there. It did not matter if they were in the right or not, she was not going to put up with any nonsense. Picture yourself as a judge, hearing all the blaming, name calling, lying, and various other forms of ugliness all day long and see how much patience you have.

Have all of your documents in order, and have a few copies. Your local jurisdiction may vary, but mine required the original and two copies of each document; one copy for the opposing party and one copy for the judge. I think 80% of the cases I witnessed did not have these documents prepared correctly. Or they had so many documents that they couldn't find what the judge was asking for. You don't want to be fumbling through scraps of various-sized papers while everyone is waiting for you. Bring what you need, and need what you bring.

To sum it up: be prepared, polite, and patient. It was painfully obvious when the judge was at her wits end with certain people. But it was also just as apparent when those who were well prepared got her attention. In fact, one gentleman so impressed her that she raved aloud to the courtroom about his document preparation. She told him "You, sir, get an A+ and a gold star for today. You have made my job very easy, and I thank you." It is common sense to be prepared, but you might be surprised how many people don't do it. This is your money that we're talking about, spend some time and make it count. The judge is only human and will respect (and, in turn, probably believe) the well presented case much easier than the disorganized, confusing, belligerent one.