SMALL CLAIMS COURT
So, you want to file a small claims suit. Or, perhaps, you have already filed one, or one has been filed against you. I will tell you herein, tips to help you win. The caveats are that, neither you nor I can change the facts of your case and, if you are not entitled to win under the facts, then tips won't help, and, my tips are about Alabama small claims courts. If you are not in Alabama, my tips and advice may or may not help you, and I certainly do not intend this section to be legal advice, and this site, in its entirety, should not be construed as a solicitation for clientele in States outside of Alabama. That having been said, let's get to the tips....
FILING A SMALL CLAIMS CASE
If you believe that someone or some company owes you money for whatever reason, and will not pay or settle the dispute with you to your satisfaction, you may be able to file a small claims case in order to recover. A caveat is in order. If you are suing because of a dispute over a contact, check the document carefully to make sure that you have the right to sue. Many such documents today restrict your ability to file a suit of any kind and limit you to arbitration.
TIPS FROM THE STATE OF ALABAMA ADMINISTRATIVE OFFICE OF COURTS
The Alabama AOC had a number of tips online that were very informative. Unfortunately, they decided to remove them from the web. However, there are some forms that are of use here.
MEDIATION
Can you mediate a small claim ? Certainly. If you can find a mediator. The Lee County, Alabama District and Small Claim Courts have a volunteer mediation program, which is relatively unique. Volunteer mediators, who have been trained in dispute resolution, assist those parties who wish to try to settle their disputes. Although I will not agree that mediation is always the best choice, it often is. Why would you wish to mediate your claim ? One reason is that although it is quite clear to you that you are exactly right and anyone should see that you should prevail, the law still applies in Small Claims Court as well as other courts. Do you really know all the quirks and intricacies of the law as it applies to your particular case ? One wrong assumption could mean that you lose entirely. Now, since the Defendant usually has a pretty good idea as to the basis of your claim, you might wish to consider mediation. An agreed-upon settlement usually leads to a better result all the way around. A Defendant who has agreed to a settlement will usually pay more quickly than one who has not. And, an agreed-upon judgment has just a much force as it would have if the judge spent two hours hearing your case.
WHAT IF THE JUDGE HAS TO HEAR MY CASE ?
Keep it simple. I know that this is your "day in court." But keep in mind that it is just another day in court for the judge. Even the most magnanimous of judges get tired of hearing things that have nothing to do with the case. If the case is about rent money, don't spend a single minute - much less ten - telling the judge how the Defendant ran over your cat 14 years ago. It won't help and you may try the patience of the court and wind up losing. Stick to the facts, be as brief as possible, without leaving out relevant things, and be firm. Let the other side have their say. Both sides should refrain from interrupting the other - this practice is courteous and appropriate and will help speed justice along. The judge obviously cannot listen to both sides at once. Bring any witnesses to court with you that you will need. Affidavits (statements sworn before a notary) may be admissible (depends up on the judge and customary practice) but a live witness is usually better. Bring all documents (contracts, receipts, etc.) that are pertinent to your case.
WHAT ABOUT PAYMENT ?
Unfortunately, most Plaintiffs believe that if the judge rules in their favor, or the Defendant agrees to a settlement or otherwise has a judgment entered against him, the judge is going to make the other part pay. This is not the judge's responsibility. The judge is there to provide an impartial umpire to decide the merits of the case. It is your responsibility to collect or make arrangements for payment.
WHAT IF YOU WIN AND THEY DO NOT PAY ?
There are devices under the law by which you may try to collect your judgment. For example, if the Defendant is employed and you know where he is employed you could file a garnishment against the wages of the Defendant. A portion of the wages would generally be allocated to the payment of your judgment and you would receive gradual payments through the clerk's office. If the Defendant owns assets such as a car or land, you might be able to "execute" upon these assets to collect.
I HAVE A JUDGMENT AND THE DEFENDANT WON'T PAY
This is sometimes the case. Many times, judgments will go unpaid and there is nothing you can do legally to collect them. The old adage that "you can't get blood from a turnip" is true. Sometimes the Defendant simply does not have sufficient assets out of which you can collect your judgment. But sometimes that judgment is collectible and you just don't have the knowledge and experience to collect it. Hey, we are all ignorant, just on different subjects. If you cannot collect a judgment you obtained, by all means talk to a lawyer. They won't bite, and may take your case on a contingency, i.e., you don't pay fees (you might have to pay some small court costs) if they don't collect.
QUESTIONS STILL ?
Email us and we'll try to answer.
So, you want to file a small claims suit. Or, perhaps, you have already filed one, or one has been filed against you. I will tell you herein, tips to help you win. The caveats are that, neither you nor I can change the facts of your case and, if you are not entitled to win under the facts, then tips won't help, and, my tips are about Alabama small claims courts. If you are not in Alabama, my tips and advice may or may not help you, and I certainly do not intend this section to be legal advice, and this site, in its entirety, should not be construed as a solicitation for clientele in States outside of Alabama. That having been said, let's get to the tips....
FILING A SMALL CLAIMS CASE
If you believe that someone or some company owes you money for whatever reason, and will not pay or settle the dispute with you to your satisfaction, you may be able to file a small claims case in order to recover. A caveat is in order. If you are suing because of a dispute over a contact, check the document carefully to make sure that you have the right to sue. Many such documents today restrict your ability to file a suit of any kind and limit you to arbitration.
TIPS FROM THE STATE OF ALABAMA ADMINISTRATIVE OFFICE OF COURTS
The Alabama AOC had a number of tips online that were very informative. Unfortunately, they decided to remove them from the web. However, there are some forms that are of use here.
MEDIATION
Can you mediate a small claim ? Certainly. If you can find a mediator. The Lee County, Alabama District and Small Claim Courts have a volunteer mediation program, which is relatively unique. Volunteer mediators, who have been trained in dispute resolution, assist those parties who wish to try to settle their disputes. Although I will not agree that mediation is always the best choice, it often is. Why would you wish to mediate your claim ? One reason is that although it is quite clear to you that you are exactly right and anyone should see that you should prevail, the law still applies in Small Claims Court as well as other courts. Do you really know all the quirks and intricacies of the law as it applies to your particular case ? One wrong assumption could mean that you lose entirely. Now, since the Defendant usually has a pretty good idea as to the basis of your claim, you might wish to consider mediation. An agreed-upon settlement usually leads to a better result all the way around. A Defendant who has agreed to a settlement will usually pay more quickly than one who has not. And, an agreed-upon judgment has just a much force as it would have if the judge spent two hours hearing your case.
WHAT IF THE JUDGE HAS TO HEAR MY CASE ?
Keep it simple. I know that this is your "day in court." But keep in mind that it is just another day in court for the judge. Even the most magnanimous of judges get tired of hearing things that have nothing to do with the case. If the case is about rent money, don't spend a single minute - much less ten - telling the judge how the Defendant ran over your cat 14 years ago. It won't help and you may try the patience of the court and wind up losing. Stick to the facts, be as brief as possible, without leaving out relevant things, and be firm. Let the other side have their say. Both sides should refrain from interrupting the other - this practice is courteous and appropriate and will help speed justice along. The judge obviously cannot listen to both sides at once. Bring any witnesses to court with you that you will need. Affidavits (statements sworn before a notary) may be admissible (depends up on the judge and customary practice) but a live witness is usually better. Bring all documents (contracts, receipts, etc.) that are pertinent to your case.
WHAT ABOUT PAYMENT ?
Unfortunately, most Plaintiffs believe that if the judge rules in their favor, or the Defendant agrees to a settlement or otherwise has a judgment entered against him, the judge is going to make the other part pay. This is not the judge's responsibility. The judge is there to provide an impartial umpire to decide the merits of the case. It is your responsibility to collect or make arrangements for payment.
WHAT IF YOU WIN AND THEY DO NOT PAY ?
There are devices under the law by which you may try to collect your judgment. For example, if the Defendant is employed and you know where he is employed you could file a garnishment against the wages of the Defendant. A portion of the wages would generally be allocated to the payment of your judgment and you would receive gradual payments through the clerk's office. If the Defendant owns assets such as a car or land, you might be able to "execute" upon these assets to collect.
I HAVE A JUDGMENT AND THE DEFENDANT WON'T PAY
This is sometimes the case. Many times, judgments will go unpaid and there is nothing you can do legally to collect them. The old adage that "you can't get blood from a turnip" is true. Sometimes the Defendant simply does not have sufficient assets out of which you can collect your judgment. But sometimes that judgment is collectible and you just don't have the knowledge and experience to collect it. Hey, we are all ignorant, just on different subjects. If you cannot collect a judgment you obtained, by all means talk to a lawyer. They won't bite, and may take your case on a contingency, i.e., you don't pay fees (you might have to pay some small court costs) if they don't collect.
QUESTIONS STILL ?
Email us and we'll try to answer.