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Small Claims Court - Part 3

Small Claims Court offers small businesses a chance to get paid


 
Once you have established proof that a valid contract exists and that you did indeed perform the tasks set forth in the contract, as plaintiff you are then required to prove that the damages you're asking for are what is really owed.

A common mistake made by many plaintiffs is over-inflating their damage requests as a means of hedging their bets against an inevitable cut by the judge. All this does is make yourself look greedy to the judge, practically guaranteeing that you won't get the amount you're asking for.

Quite often a judge will acknowledge that damages have occurred, but will award no monetary judgment for the plaintiff at all. If you're honest, you'll be much more likely to get the full amount that you're due. Remember, your case in Small Claims Court is all about money, so don't let greed impair your judgment and lower your chances of success.

Now that you're familiar with the basic Small Claims Court procedures, you can compile and organize your supporting information accordingly. Every piece of documentation that you have that pertains to the case should be taken along  with you and presented as evidence in your case.

Make at least two copies of everything, one for the judge and one for the defendant. Then organize the documentation in the order that you plan to present it to the court. This will usually go along with a time line of events.

If you plan to call witnesses in the case, be sure to officially subpoena them through the court. Usually, subpoenas include a fee to cover the cost of the certified mail from the court to the witnesses.

Some Small Claims Courts allow you to hand-deliver the subpoenas and submit signed affidavits to the court in lieu of the witnesses actually testifying in person. If one of your witnesses isn't able or willing to appear in court for some reason, try to get their signed testimony to use at the trial.
 
Small Claims Court, Part 4 >>
  


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