With out going into to much detail. I scheduled a service, Paid a deposit, and a portion of the work. I had to cancel, I did so 30 days in advance. It has been over 30 buisness days and no refund.

I have all of our comunications saved, I can print that all out.

Bullet statements are your friend.

Chronological.

Facts.

Make a list, eliminate anything that is not relevant.

Then use your "bullets" to point to your communications and such, so it is easy if you have to elaborate on a point, but you can get back to the "bullet list" to stay focused.

The above will help you keep the emotion out of it, and it is natural to be driven by some emotion in a fight.

In effect, anything that makes a judges effort in deciding is in your favor.

Good luck.

The only thing I can add is have all of your documents in the order that you will be presenting the info from them to the judge. Have each document separated, and preferably labeled, so you can retrieve it relatively quickly, if the judge asks to see it.

1. Usually you have to notify the defendant that they have to pay.

2. Next gather all your paperwork, have it in chronological order. A numbered list, with the same numbers marked on your evidence, make it easy for the judge to follow and rule in your favor.

3. The judges give the most weight to what paperwork is presented, rather than to what he said, she said.

4. Remember that the judges hear these cases every day, many hours a day. Make their job easier by being organized and keeping your emotions out of it.

Bring every scrap of relevant evidence you have, and have it well organized so you can get to it easily. If some of your evidence is on your phone such as in text messages, be sure your phone is in a condition such that you'd be willing to hand it over to the judge to peruse. If you have witnesses to conversations, bring them, or a signed statement from them.

Do you have a contract? What are the cancellation terms?

quote:

Originally posted by rusbro:
If you have witnesses to conversations, bring them, or a signed statement from them.

While some judges may be willing to overlook obvious hearsay to get to the bottom of something, most will not. I certainly wouldn't.

This isn't Judge Judy (binding arbitration) and the courts tend to follow the law.

If you have witnesses, bring the witnesses.

Otherwise, you're getting good advice in this thread.

Here are some general courtroom tips:

1) Use language that you're comfortable with. Speak as you would ordinarily. Don't try to "sound like a lawyer". It will only distract from your purpose and perhaps even confuse your meaning.

2) Don't talk over the other party. Let them say whatever they're going to say and wait for your turn to respond, no matter how outrageous. The judge should give you every opportunity to provide any relevant facts and respond to any argument they make.

3) Don't talk over the judge.

4) Avoid being too expressive. If the other party is irritating you with their ridiculous defense and calling you names that would make your mother blush, please do not do your best Marcel Marceau being outraged impression complete with full body pantomime. If you must express yourself, a subtle shaking of the head will suffice. Emphasis on subtle. The judge will notice and you'd much rather he notice that than the former.

I'll pop back in if I think of anything else to add.

If you'd like to shoot me an e-mail with specifics I'll tell you exactly what I'd expect you to have by way of evidence if I were the judge.

-Rob

definitely some good advice in here. I'm not sure how many jury and bench trials I've taken to verdict, but it's hundreds whole lot.

I completely agree with Burton, don't be all flamboyant and animated. That shit is for the movies. A calm and level presentation is always the way to go.

Focus on the elements of your case. I'm not sure what the elements you need to prove are, but there are usually only 3 to 5 things that you need to prove to win. Tell the judge those things, obsess about those things and only those things.

Right/wrong/fair/unfair...none of that crap matters, only the elements of your case matter. Calmly explain why you meet them all and you win.

Whenever I'd hear a prosecutor give an emotional opening statement about, "monster," "prey on society," "helpless victims" and such, I knew I was about to kick their ass. If it's not an element, it's irrelevant to your case.

quote:

Originally posted by sigmonkey:
Bullet statements are your friend.

Chronological.

Facts.

Make a list, eliminate anything that is not relevant.

Then use your "bullets" to point to your communications and such, so it is easy if you have to elaborate on a point, but you can get back to the "bullet list" to stay focused.

The above will help you keep the emotion out of it, and it is natural to be driven by some emotion in a fight.

In effect, anything that makes a judges effort in deciding is in your favor.

Good luck.

All this and bring a monkey to throw poo.

I think this thread is full of very good and helpful advice. I just want to add this: getting a judgement is NOT the same thing as getting paid.

I rent six spaces for mobile homes. The rent is cheap, just $75/month, and most tenants recognize that it's a good deal and are both grateful and on-time with payment. Some others don't pay because they are struggling to keep their lives together and they just plain don't have the money, and when dealing with them it's best to just forgive them and move on.

Yet some people are just ass-holes who will screw you because they think they can get away with it even though they have the money to pay what they owe (a common denominator I've noticed is that they have all done it before to somebody else and gotten away with it, so they're sure they'll get away with it against you, too).

I've had to go to court several times in an effort to get payment from renters who have run up sizable arrears and then skipped out on me without paying.

In every case I have gotten a judgement in my favor for the full amount owed.

In only one case have I gotten even partial payment after getting the judgement; in no case have I received full payment.

After you get the judgement, you will probably have to take further steps if you are serious about getting the money.

Those steps that I've gotten the court to pursue include directing the sheriff to do a "till tap" (which is very much like a legal armed robbery perpetrated by a sheriff deputy -- the deadbeat in that case is a tattoo artist and the sheriff "tapped" the till at his tattoo parlor), a garnishment of the deadbeat's wages, seizure and auction of the deadbeat's property (like cars, snowmobiles, trailers -- had to do this to get payment from a mechanic).

All this takes a lot of time and effort, and the court costs and sheriff's fees are not insignificant (court costs and sheriff's fees have to be paid up front, and though you can add them to the amount owed to you, that's only helpful if you actually collect).

In cases where the deadbeat has really, seriously, pissed me off I've gone the distance. It's just not worth it otherwise.

I'm not trying to rain on your parade, I'm just telling you that you're embarking on a long journey. Getting that initial judgement is only the first step.

Good luck with your effort.

once you obtain a judgement it's best to have it recorded. outstanding judgements will haunt anyone seeking any kind of credit and provide some incentive to resolve them

It might be a good idea to send a certified letter with receipt so you can document they indeed got a copy of your communication. Be concise in your letter as to what you want and when you want it. I usually end with a statement indicating that if I don't hear from them by X/Y/ZZZZ I am filing in small claims. (but don't bluff, use the date you are going to the courthouse)

quote:

Originally posted by DSgrouse:
With out going into to much detail. I scheduled a service, Paid a deposit, and a portion of the work. I had to cancel, I did so 30 days in advance. It has been over 30 buisness days and no refund.

I have all of our comunications saved, I can print that all out.

IT's not clear from your post, but have you been requesting the refund and not getting it? Or, have you been watching the clock and waiting?

Even though I'm an atty, I know next to nothing about litigation in general and small claims in particular. That being said, I think it would score points in your favor if you showed mulitple requests for the refund that have been either ignored or promised and not provided.

quote:

Originally posted by CoolRich59:

quote:

Originally posted by DSgrouse:
With out going into to much detail. I scheduled a service, Paid a deposit, and a portion of the work. I had to cancel, I did so 30 days in advance. It has been over 30 buisness days and no refund.

I have all of our comunications saved, I can print that all out.

IT's not clear from your post, but have you been requesting the refund and not getting it? Or, have you been watching the clock and waiting?

Even though I'm an atty, I know next to nothing about litigation in general and small claims in particular. That being said, I think it would score points in your favor if you showed mulitple requests for the refund that have been either ignored or promised and not provided.

Several times, with " i'll send it out x" "it is on its way" .....

Dress nice and be respectful.

I swear I've won several times (not small claims court) just for that reason (or I'd like to think so).

The amount of disrespectful scum bags that judges deal with is on par with assholes that treat ER staff poorly.

quote:

Originally posted by sigmonkey:
Bullet statements are your friend.

Chronological.

Facts.

Make a list, eliminate anything that is not relevant.

Then use your "bullets" to point to your communications and such, so it is easy if you have to elaborate on a point, but you can get back to the "bullet list" to stay focused.

The above will help you keep the emotion out of it, and it is natural to be driven by some emotion in a fight.

In effect, anything that makes a judges effort in deciding is in your favor.

Good luck.

. Yes and his title is not yer ronner, its your honor.

quote:

Originally posted by David Lee:
[his title is not yer ronner, its your honor.

According to Al Bundy, it's "Your Majesty."

How do I try my case?

It is a little like asking: "How do I build a house?"

Know what you have to prove to win. The elements of a contract are that there is a valid contract (which itself has four or five elements), that there was a breach (someone didn't do what they were called on to do), and what the damages are.

Gather your documents about the facts you need to prove. Know the evidence that isn't documentary. Arrange for witnesses if there are outside witnesses. Think of some way to organize the way you present it - chronologically makes sense many times, but there could be other structures. People can't follow a jumble of facts. They need a structure.

Think about the evidence the other side will present. Think about how to discredit it and show it isn't accurate.

Be calm. Present your case in a non-hysterical manner. Don't yell out "He is a liar" when the other side says something that isn't true. Don't even roll your eyes. Put on a piece of evidence that shows he isn't telling the truth.

Give the court what it needs to do what you want. I hear this from judges frequently - "Give me what I need to make a decision." If you appear to be getting what you want, quit while you are ahead.

My dad was a landlord and I took someone to small claims court that hit my car. I'll add these observations:

> Make sure you share background. I was asked what the distance was between two things - and I said 36yards. I don't remember what the importance of the distance but in their ruling the judge said they didn't think anyone could be that precise. I failed to let them know that 3 years earlier, I'd won back to back championships on estimating distances (a contest with the boy scouts). My point, share background if it reinforces something important.

2) be specific - for example, if possible don't say I called the other party a number of times. Say I called many times and I have a log of 6 of those calls. Then have a listing of dates and times ready.

3) In a case against a tenant one of the items on my dad's list was repairing the screen door because the tenant had pushed out the screen when they forgot the key. The judge said that was ordinary wear and tear. Dad failed to mention that he'd repaired it 4 other times - had he shown the guy repeated the action, it would have been clear it was intentional damage.

Thank you all, this has been a great help.