The first rule of winning in Small Claims Court is to be organized. Before you go to court, you should practice telling your story from beginning to end. This will allow you to get any evidence which you might want to present in the proper order, and you will be able to present a more organized story to the Magistrate. This is also the time to decide whether there are any witnesses which you may want to have testify to support your case. Generally, to be helpful, a witness must have personal knowledge of some disputed fact in the case. If there are witnesses, you should listen to their stories to see if they will help you tell your side. If you are the Plaintiff or have filed a counterclaim, you need to prepare your case to show why the other side is at fault (liability) and how you were damaged by the other party and how you came up with the dollar amount you are asking the Magistrate to award you.
If you want to you can check with the Clerk of Court, and find out when a Small Claims hearing is scheduled at your local courthouse. You may then want to go and sit in on it. Since most trials in the United States are public, there should be no objection, and you will have the chance to see first-hand how a Small Claim is handled.
When it?s time for your hearing, you should gather up whatever papers, photographs, or things which you would want to show the Magistrate. For instance, in a landlord-tenant dispute, a tenant may wish to bring to court the following items:
- a copy of the written rental agreement, if any.
- copies of written notices the tenant gave the landlord or visa versa.
- photographs of the rental property, showing cracked windows, a flooded basement, or the like.
- actual pieces of plaster that fell onto the kitchen table during dinner.
A Small Claims hearing is the time when you want to convince the Magistrate that you are right. Do not try to convince the other side they are wrong, concentrate on telling your story to the Magistrate.
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