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While
the small claims process is designed to be
user-friendly, some litigants understandably find it
confusing and intimidating.
Equine Legal Solutions has assisted a number of
clients with small claims court cases for equine
matters, and here are our tips for successfully
pursuing your case.
Obtaining
the Necessary Forms
Check the Internet to see if your small claims
court has a website. Many small claims courts now have
websites where you can download the appropriate forms
directly from the website. If not, and the forms are
only available through the courthouse, a professional
process server may be able to obtain the forms for
you. To
find a reputable process server in the appropriate
location, contact the National
Association of Professional Process Servers.
Filing the Necessary Forms
Your professional process server can file
the forms for you - no need to orbit parking garages
looking for a space and stand in long lines!
This is especially convenient when you need to
file suit in a place other than where you live.
Serving
the Other Party
We recommend hiring a professional process server
rather than relying on the service by certified or
registered mail that some small claims courts allow.
Most people (especially people with credit problems!)
know that no good news ever arrives via registered or
certified mail, so they won't sign for it. By the time
you figure out that the other party isn't going to
sign for the registered or certified mail, the
allotted time to serve the other party has usually
expired, which means you will have to go and get a new
court date, then start the process of serving the
other party all over again. Sheriffs are also not
usually a good option, as service of process is not
one of their primary job responsibilities, so you can
imagine how they feel about having to do it. A good
process server will get the other party served in the
allotted time and file the required proof of service.
You can usually add the cost (~$150) to your claim.
Choosing a Court Date
If you are the plaintiff (i.e., the person
suing), you will usually be given a choice of court
dates when you file your complaint. We recommend
choosing one that is convenient for you, but likely to
be inconvenient for the defendant, such as a Monday
morning, thus increasing the chances that the
defendant will not show up and you will receive a
default judgment.
Pro Tem Judges
In some small claims courts, you have the
option of permitting your case to be heard by a pro
tem judge (i.e., not necessarily a well-qualified
jurist). Recommend against this option, even if it
means your court date will be delayed, as you want
your case to be heard by an experienced and qualified
judge.
Presenting Your Case
You will have approximately three minutes (literally) to present your side of the case. Because
you will have such a short amount of time to make your
point, you want to make sure that you can state your
case in a clear and concise fashion that makes sense.
Recommend practicing out loud to a friend or family
member who is (a) not a horse person and (b) not
intimately familiar with the case already. If their
eyes glaze over while you are talking, you need to
improve your delivery. Remember that the judge has
likely never even seen a horse up close, so won't know
"technical" terms such as "mare"
and "gelding."
Keep your story simple and to the point – you
want to look like someone who is rational and not
wasting the judge’s time.
Evidence
Small claims court is very casual about civil
procedure, which means that the judge can consider
evidence that wouldn't be admissible in regular civil
court. Be sure to bring all documents with you, and
have them well-organized so that you can put your
hands on a document immediately if the judge requests
it. Do not be surprised if the judge does not want to
see any
documents, though - their goal is generally to dispose
of cases as efficiently as possible.
Witnesses
Although live witnesses can be more convincing
than the notarized statements allowed by most small
claims courts, they can also be counter-productive.
Make sure that your witness knows how to state the
relevant information clearly and concisely - remember
that you will only have about three minutes, TOTAL.
You can usually subpoena the testimony of reluctant
witnesses. If
there is any doubt about whether your witness will
show up, keep the story simple and avoid getting
emotional, opt for a notarized statement instead of
live testimony.
What Happens if the Other
Side Doesn't Show Up?
Typically, you win by default. However, the
other side may have a certain amount of time to appeal
the default judgment and get a new court date.
What
Happens if You Lose?
Typically, the plaintiff cannot appeal a
small claims court judgment, which means that you are
stuck with what the judge decides.
What
Happens if You Win?
The defendant usually has the right to
appeal.
What
You Can Expect to Receive if You Win
Small
claims judgments are almost always limited to money,
which means you cannot expect the court to order the
other side to do anything, such as give you possession
of a horse.
Collecting Your Judgment
The defendant typically has 30 days to pay
a judgment. After that, you can petition the court to
allow you access to different types of collection
methods. If the defendant has a job, we recommend
garnishing their wages, as the employer is legally
required to comply with a garnishment order. Second
best is garnishing a defendant's bank account and
third best is placing a lien on the defendant's house.
For
assistance with your equine legal matter, contact
ELS for a free
telephone consultation. Additional
Information:
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