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Wednesday, December 14, 2011

An Introduction To Small Claims Court

By Nikolas Strauss


Small claims court is a place where people will sue another person for a smaller amount of money than is generally processed through higher divisions of the system. Many people wonder whether they will need representation when they go to the proceedings. Attorneys are not necessary for this section. People file claims for many different reasons. They may feel that they have had property stolen or they lost items in a breakup.

Filing small claims forms is usually not difficult. When people feel strongly that they have a case, they might go to the law library in their city and check to see if they have any legal standing for their case. If they find that they do have a case, they will have extra information to back them up.

Never enter into the proceedings without having all of the evidence you need to prove your case. You should also have a proper and professional way to present it to the judge. Judges do not like to make decisions based on their opinion. They require proof and evidence. You must show this proof in order to win your case. If you show up without evidence, you take the risk of your opponent being more convincing than you are. You must be able to show that what you are saying is true.

Burden of proof will always fall on you when you sue someone else. If you are unable to provide proof that the judge requires, he or she will not be able to make an informed or proper ruling. The judge may feel that you need additional time to provide the kind of evidence required.

If you are not able to meet the burden of proof, you take a significant risk of having your case thrown out. You need to make sure you have provided to the courts all the proof, witnesses and evidence you think you will need to succeed. Make sure that the witnesses you want to provide are available when you need them. If you are lacking any of the elements you need, you may have to delay the proceedings until you can gather it all.

There are different rules to follow with this lower division of the system. A high court decision can be appealed or turned over. These decisions are generally made within a short time and are usually final. The more severe crimes, like extortion or homicide, must be tried in higher courts.

A judge will ask questions and assess the situation. If you have presented your case with enough evidence to have the decision lean in your direction, you will be taken care of by the clerk after the ruling. They will have all the necessary paperwork needed to complete the case.

You need to remember to dress and behave in an appropriate way, even in small claims court. Always treat the judge and courtroom with respect. The judge should be spoken to in a professional and clear manner at all times.




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