So you sent a demand letter and got no response or the defendant refuses to pay the amount they owe you. You’ve properly served the small claims petitions and now you have a hearing date. It is time to win your small claims case. You need to prepare and get ready to convince the small claims commissioner. They usually don’t spend a lot of time on each case so you need to make it easy for them.
Getting Prepared to Win Your Small Claims Case
What I recommend is that you prepare three binders. Once binder for the defendant that you hand to them with all your evidence, a binder for the judge, and a binder for yourself. Bring all three binders to the hearing. You want to hand a binder to the defendant with everything that you have, so that when you go in front of the judge, you can say that you’ve been up front and honest with the defendant and they still are refusing to be fair.
The key is to remain credible and honest with the judge.
What to put in your Small Claims Case Binder to Win
In the binder, include a letter to the judge that details, in one short line, what you want the judge to do and why. For example, you want the judge to enter a judgment in your favor against the defendant for X amount of dollars because they failed to honor a contract. Then in your letter, include a short paragraph summarizing the facts of the case. Don’t spend a lot of time on it and don’t make it too long.
For example, on August 3, 2016, I entered a contract for services with the defendant. They agreed to pay me X amount of dollars and they never did.
Include Exhibits with Tabs
Attach the written contract if there is one and any other evidence. If you did construction work, attach photos of the construction work. Use tabs in the notebook for the exhibits so it’s easy for the judge to flip through and find things. Common exhibits in a small claims case include the contract, medical records, police reports, photographs. Even demonstrative exhibits like an aerial view from Google if that would help.
Witness Statements
Occasionally I have seen a written witness statement under oath included in the packet that you give to the judge. The other side might dispute the witness statement. And the best practice is to actually have any witnesses in your favor show up on the day of the small claims hearing.
