Winning in Small Claims Court

Whether you are suing someone or are being sued, the key to winning your small claims court action is preparation. Many people walk into court blind and do not know what to expect. Small Claims Court was designed to help consumers get through the court system quickly and easily and settle a dispute where money damages are capped at a certain amount. That amount varies from jurisdiction to jurisdiction. In some jurisdictions the amount of money claimed cannot exceed $5,000.00 and in other's that amount is $7,000.00. But no matter where you live and what you are suing or being sued for, being prepared is the key to success.

It is important to realize that you need to bring proof to prove your side of the story. It really doesn't matter how and what you say. A paper trail always speaks louder than words. You need to remember that the judge hearing your case has no idea who you are and whether what you are saying is true. The person who you sued or is suing you will have a totally different story than yours, so make sure you can back up what you say with physical proof.

You will have a greater chance of having a judge decide in your favor if you are organized. Make sure to place your evidence in some sort of order. Chronological order works best. Place pictures with a short description in an album and in order with the dates that the photo was taken on. Type out any written statements so they are legible and have signatures notarized whenever possible. It would be even better to have the person make their statement in court.

Make sure you are able to tell the judge why you are asking for the amount of money you are claiming you are owed. Have contracts ready with amounts highlighted, receipts, costs to replace items that were damaged, expert statements and their fees, court costs and fees and any other proof you may have to help the judge understand why you should be awarded a specified amount of money.

Finally, organize your thoughts and what you're going to say. Write down why you are suing the person or why you are being sued along with the facts of the case. Be clear about what happened, where it happened, when it happened, why it happened and anything else that you believe is important for the judge to know. The more prepared you are, the more likely you will be to prevail.