Small Claims Court Tactics

On April 2, 2001, the jurisdiction of the Small Claims Court increased to $10,000.  That means that you can sue for up to that amount, plus interest. 

You can only sue for money in Small Claims Court.  The Court cannot make an order that someone do something or stop doing something.  For example, if a contractor did lousy work at your property, you can sue for the cost of repairing that work, but the Court cannot make an order that the contractor return to your property and repair it.

Ten grand is a lot of money.  It is important that you prepare for court and present your case properly.  Here are a few tips:

People lie in court regularly.  Dont expect the other side to suddenly admit all the facts that you know are true.  You should not get indignant and angry every time the person tells a lie.  Your job is to be more believable and, perhaps, trap them in a lie.

You are trying to convince the judge that you are telling the truth.  People have a harder time believing someone who is argumentative, belligerent, impolite or evasive.  Its almost like a job interview - no-one will hire you if they dont like you.  Likewise, you need the judge to want to believe you, so dont behave in a way that annoys the judge.

It matters how you dress.  Even though your clothes have no bearing on the facts of your case, if you cant be bothered to change out of your ripped jeans to go to the Queens Court, you will be seen as disrespectful. 

Be organised.  Leafing though piles of tattered paper on the stand does not impress anyone.

Be polite, even if the other side is rude.  It will do wonders for your credibility if you do not stoop to their level.  Similarly ,do not try to prove to the court that the other side is a jerk.  You will only look like a jerk in your efforts to do so.  If the other party is a jerk, they are more than likely able to demonstrate that themselves. 

Be focused.  What are you trying to prove?  It the roof leaks, even after the contractor was paid to fix it, focus on the leaky roof.  The fact that he was late three times and made a comment about your mother doesnt prove that the roof leaks, so it is largely unimportant.                          

Listen to the judge.  Judges often ask questions.  When they do, it is clear that they want to know more about a certain aspect of the case, so tell them more.  Take cues from the judge.  If she is cutting you off and asking you for your next point, then she either agrees with your point or has made up her mind to disagree.  Either way, her mind is made up, so  move on to the next point. 

Finally, Small Claims Court has rules.  Even though there arent many, there are still rules and you should know the rules of court before you venture into the courtroom. 

Hopefully, you never have to go to Small Claims Court, but if you do, these tips will help you.