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Small Claims Court - Part 4

Small Claims Court offers small businesses a chance to get paid


 
Ask your witnesses to document their version of the story or what they were a witness to. The affidavit should be typed, signed, and notarized. Again, be sure to make copies for the judge and the defendant.

Now that you have all of your information in front of you, carefully consider all of this from the defendant's point of view. What could he say to refute your claims or evidence? Do you recognize any missing pieces of evidence that you need to try to track down or explain in detail? Anticipating the other party's arguments is essential to building a solid case.

Once you have completed that task, try to establish what a fair judgment award should be. You aren't necessarily limited to monetary compensation (although money is the usual award), but make sure that whatever it is that you're seeking is documented in your case.

If you ask for a refund of some money that you have paid, be sure to take a receipt or a canceled check for that amount. Itemize these items and what they're worth. Record this information in a table with each item on a line with a dollar figure next to it and a grand total at the bottom.

Submitting this information in a well organized form demonstrates to the judge that you know how much you're due and why. By using this procedure, your chances of success in your Small Claims Court case will be much better than by just submitting an arbitrary number.

In preparing your case and your plan of attack in the trial, remember that long tirades and personal attacks on the defendant will not be tolerated by the judge. There's nothing wrong with telling a short story to emphasize a point or outline what happened, but keep it short and to the point. Making your case appear to be personal is important, but that shouldn't overshadow the facts.

The number one mistake that people make in Small Claims
Court is being theatrical. This won't help your case at all! Be clear and professional in your presentation and have your case well-documented and you'll have an excellent chance of recovering what you're owed.


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