Attention to people who have been to small claims court - advice needed.

[nemesis45]

Re: Attention people who have actually been to small claims court - advice needed.

I have read on various topics that it will look bad if I take a lawyer because small claims are suppose to be for people who cant afford them etc and the company who despite say they have a lawyer has not been in touch with me. I really would like to know if this is the case not to mention I cant really afford it.
Also as crazy as this claim must sound I am afraid the claimant will not admit any wrong doing and is insisting I knew without any paper evidence.
Do people usually rep themselves?
Will it go all the way to court or will someone possibly through this out before??
Thank you

Hi cvt please stop thinking about what usually happens, each case is unique.

If you can afford a solicitor then use one, I if not represent your self has nothing do with what level of court
the claim is tried in.

As said one cannot predict what will happen in any case, prepare your defence,

nem

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

Thank you
Do people usually rep themselves at small claims hearings?
Will it go all the way to court or will someone possibly throw this out before??

[Amethyst]

Re: Attention to people who have been to small claims court - advice needed.

More people than you'd imagine represent themselves at small claims hearings now - small claims are geared up for litigants in person ( ie you) and the Judges know very well how to deal with them.

If it helps ( at all) we had a case last week ( actually tagging [MENTION=1312]Smasher[/MENTION] as he'll be able to give you a first hand recent experience in multitrack ) where it was a litigant in person defending himself against 2 ( gnarly) claimants, 1 ''witness'' and their solicitor and a barrister .... slightly intimidating. He was able to have a friend go in with him ( [MENTION=1312]Smasher[/MENTION]) who was allowed to speak for him ( if he hadn't been allowed to speak he could sit with the defendant for support and whisper and pass notes etc) Stay calm and respectful at all times, tell the truth and try not to go ballistic if the other side are lying out of their bottoms.

Do you have a trusted friend you could take with you for support ? You can ask the court if they can sit with you. You are best to speak for yourself though as you know the case better than anyone.

Anyway a hearing is a way off yet - after mediation, if that fails, you'll get a court date for in a couple months time... and 14 days before you will get to submit a witness statement and any evidence you have - which will spell out your case and evidence and bring all your arguments forward - which the Judge will read at( hopefully BEFORE) the hearing and you can use it yourself to be guided by during the hearing. A brilliant witness statement as support for you really will help any nerves on the day.

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

thank you, no friends I can take - I don't have a witness as it was all via the phone, the claimant and I also live in different cities ]which city will the hearing be held in?
my mum was in the house when everything has been happening and knows everything but I am not sure if I can use her? as she wasn't on the calls...

[Amethyst]

Re: Attention to people who have been to small claims court - advice needed.

Have you done your directions questionnaire? It will ( should be) in your local court as you are an individual not a company.n So once youhave sent that in the case will be transferred to your local court ( usually after mediation ).

Your mum could do a witness statement but she would then possibly have to go to court with you, unless you apply to have the witness statement taken into account as 'hearsay' - but then she could only really back up your side of things with what she heard you say on the phone, so I'm not sure it would be that strong.

Do you think it might be an idea to go through your case a little bit on here to make sure you have as good a case as possible before court ? We could give you a hand with your Witness Statements etc.

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

do all cases go to court - ? or do they get thrown out before?

[ostell]

Re: Attention to people who have been to small claims court - advice needed.

The business might decide to drop out when he sees your witness statement and evidence. You appear to be the only one with a written copy of the price on a quotation. The judge wouldn't "throw it out" unless rhere was serious errors.

Have you paid him the amount on the quotation? Or possibly a little bit more.

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

I've paid the amount quoted but no more, I've set out my defence already with a lawyer and my version of events which the claimant has seen but doesn't agree which is why directions questionnaires have been sent.

[Smasher]

Re: Attention to people who have been to small claims court - advice needed.

Just subbing in..
Yes, I did have this experience, but to be honest it really doesn't mean that "I know what it's like" or what you should expect.
You will be in a different court, a different case and a different judge. But I will say don't panic, nobody in there will hurt you, all you're gonna do is talk!
Who gave you the idea that taking a lawyer would be inapropriate?

I had butterflies the whole morning and after the usher went to tell the judge about me being there to help my friend (my official title was McKenzie friend, a person who helps you who is not a lawyer), he came back and told me I would be allowed to speak and address the court. I felt even more nervous then, but at the same time a little relieved to know that my mate would mostly be keeping his gob shut.
It's at the judge's discression if your McKenzie friend can speak, if he believes that they will articulate your argument better, be less prone to emotional outbursts, have a better understanding of what is going on, he will concider it, but it's by no means guaranteed, we might have just been lucky that day.
Had we got that far, he would even have allowed me to cross examine their witnesses, I was actually looking forward to that! But only because I knew our arguments & witness statements were bulletproof and we had everything we needed to destroy every argument they had. That was all down to the help & preparation that went on here and the fact that we had the truth on our side..

Like everyone else says, let's get your case on a good footing now. Get everything up to date, gather your evidence and make sure you are prepared and don't worry about the hearing at this stage, just concentrate on your case.

Tell us the whole story and be honest about everything. They may have lawyers, but here, you have many pairs of eyes and someone will always spot something you might otherwise miss. In our case, that was often something that destroyed a vital part of the other side's story/evidence.

Of course keep everything anonymous, so don't post any names or personal info.

Do you still have the written quotation and can you post it?

What reason did they give for charging double the quoted price?
Did they require more materials and/or did they discover more work that needed to be done in order to complete the job?
Or did they do exactly what they had written in the quote and it just them longer than they anticipated?

What do their particulars of claim say?

What did you write in your defence?

What is in your directions questionnaire?

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

Hi thank you for your advice smasher and all I have one question please on my directions questionnaire under the section witnesses the form asks to declare how many witnesses you may use no more info is required just the tick of a box. At this stage do I declare my mother who even though was not witness to the phone calls me and the claimant had regarding the work, she was witness to the unreasonable behaviour and harassment the actions the claimant took when they were questioned on the amount charged. My solicitor says it won't add much as it is hearsay and not about the work but as no other info is needed at this stage I don't see why I can't put 1 witness and if called she can confirm she was witness to the behaviour of the claimant???
what do you think....any advice greatly appreciated.
Many thanks

[Amethyst]

Re: Attention to people who have been to small claims court - advice needed.

You should put 1 witness anyway as it includes yourself. If you wanted to add your mother it would be 2 witnesses. I would agree with your solicitor though, it is hearsay and doesn't add much to your case. Your case is essentially on the contract/agreement and whether either party breached it.

[EXC]

Re: Attention to people who have been to small claims court - advice needed.

Not knowing what the claim is about but if the claim & defence are about ''the work'' then the claimant's behavior (and witnesses to it) are irrelevent really.

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

Thank you - really though myself as a witness ??? I guess it can be me or my mother and if I decide not to use her I can ask the court to retract it. .......??? Thanks

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

Does anyone know? Thanks

[EXC]

Re: Attention to people who have been to small claims court - advice needed.

You are a witness, if you want your mother as one as well then tick for 2.