The desired outcome for you in filing your case in Small Claims Court is to collect the money that is owed to you. Here are four strategies that will help you acheive that outcome:
1. Accept a settlement offer before going to court – If the offer is reasonable and will avoid having to appear in court, and possibly not winning your case, take it. Example: Your claim is $1,000 and the defendant offers $800. Consider accepting the offer, plus your court costs (the filing fee and our fee) but give the defendant a specific deadline to pay the settled amount, in full.
Why should you settle before trial?
• Guarantees you receive money quickly
• Avoids court appearance (loss of time)
• Avoids possibility of losing
Why should the defendant settle?
• Avoids going on their credit report
• Prevents attachment of their assets
• Puts the dispute behind them
2. Prepare your case – The facts of your case must be concise and you need to pull together any written evidence (documents such as checks, invoices, receipts) that backs up your claim. Mark each document with a letter (“A”, “B”, “C”, etc.). Make a list of all of the documents that you intend to submit to the Judge and indicate the matching letter. Example: Cancelled check paid on 01/01/2010 – Exhibit “A”.
3. Tell your story to the Judge in one sentence – Everyone wants to tell all of the details but the Judge is only interested in the facts. Write out a one sentence statement that summarizes your case and state that, in your own words, when it is your time to present your case in court. Example: “I paid the defendant to paint my house and he never showed up; here is the cancelled check.” That’s all! The Judge will ask for clarification, if needed. Judges appreciate brevity more than any other factor.
4. Collect after you win – We can assist you in collecting a judgment after you win the case. There is a 30-day waiting period after the hearing but you may proceed with enforcement of the judgment after that period. We can attach the defendant’s bank account or wages, put a lien on their real property, or force the sale of personal property (additional fees apply). If you do not know where their assets are located, we can have them served with an Order to come into court to disclose all of the assets. If they fail to appear, you can have a warrant issued for their arrest!
The Small Claims process may seem confusing but it is actually easier if you have the right partner on your side. Small Claims Assistance Service is there to assist you every step of the way in collecting the money that is owed to you. We’ve been doing this since 1978 and we understand the legal system. Contact us today for a free consultation!
Small Claims Assistance Service
A Division of Process Service Network, LLC
20832 Roscoe Blvd. #106
Winnetka, CA 91306
800-417-7623
http://www.processnet1.com/
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