Going to small claims court, what can I expect?

[Really_Not_All_That_Bright]

@Fuzzy_Dunlop

When the judge told me to make my case I was thrown for a bit of a loop because what else is there to say except “they won’t pay me or get out of my property”?

“Your Honor, I am the owner of a property located at XXX Road, Anytown. Defendant is the tenant subject to a written lease, which I have here. The lease requires Defendant to pay rent of $500 on the 1st of every month. Tenant has not paid rent since June and is behind by $2000, but is still in possession of the property. The lease agreement provides that I may evict a defaulting tenant with 30 days’ notice, and that the tenant is liable for all rent for the balance of the lease term less any rent paid by a new tenant. I would like the court to enter an order awarding me $10000 in damages and requiring the sheriff to evict the tenant.”

[Hershele_Ostropoler]

Following this thread with interest because I’m procrastinating taking an erstwhile client to court for 8 months of unpaid invoices.

I’m guessing I shouldn’t tell them I’m going to sue them; I think I read that somewhere.

[wonky]

I used to work as a mediator in small claims. Do mediation if you have the chance. You are more likely to get paid.

[Fuzzy_Dunlop]

@Really_Not_All_That_Bright

“Your Honor, I am the owner of a property located at XXX Road, Anytown. Defendant is the tenant subject to a written lease, which I have here. The lease requires Defendant to pay rent of $500 on the 1st of every month. Tenant has not paid rent since June and is behind by $2000, but is still in possession of the property. The lease agreement provides that I may evict a defaulting tenant with 30 days’ notice, and that the tenant is liable for all rent for the balance of the lease term less any rent paid by a new tenant. I would like the court to enter an order awarding me $10000 in damages and requiring the sheriff to evict the tenant.”

Yes, that’s about exactly what I say these days. Maybe it was really dumb of me to not expect it, but if you’re not expecting it, and you’re nervously sitting there and the judge says, “ok, you start” - well it’s a little uncomfortable.

[Really_Not_All_That_Bright]

Don’t feel bad. I’m a lawyer (a relatively new one) and I am still thrown off by judges’ courtroom procedure.

[Rick]

@Senegoid

OP, are you yourself a company, or representing a company? Or are you just an individual natural person taking a company to court?

Here’s the thing about taking a company to court: A company is not a living, animate, humanoid, bipedal entity that can come to court to make its case. So when you take a company to court, the company will send a live human representative to present its case before the court.

Now you probably know that litigants in small claims court can’t have lawyers. (Of course, anyone can consult a lawyer ahead of time, outside of the court, for advice.) But when a company picks one of its staff to speak for it in court, nothing stops it from sending the corporate counsel to do the job. So officially the company isn’t represented by a lawyer, but in fact it is.

Or, similarly, the company may know its business, and may have people in its employ who are well-versed in whatever topic your complaint involves. That person may be able to talk circles around you.

Example: My one-time housemate took his car to a fast-oil-change place. They screwed the oil filter on wrong or too loose and it fell off later and all the oil ran out, and his engine was totally ruined. He took them to small-claims court over it.

The company (a major region-wide, or maybe nation-wide chain) sent their “expert” – a guy who does nothing all day long but travel around the state defending the company against cases like that. Of course, he knew every talking point forward and backward. He had a stack of pictures with circles and arrows and a paragraph on the back explaining what each one was. He knew the relevant points of law and rules of evidence in detail.

Who do you think won that case?

As has been mentioned depending on the jurisdiction lawyers may or may not be allowed. In Ca. They are not allowed and I can tell you for a fact a company can’t send a lawyer to represent them. I saw a small claims judge tear a couple of lawyers new assholes in open court when they showed up to represent a company.
So it is best to ask what does the law allow in your jurisdiction.

As far as your friend goes assuming their case was as you stated I can’t see how they could lose.
I suspect there is more to this story than we have been told

One suggestion for the OP bring three copies of any evidence you intend to introduce. One for you, one for the other side, and one for the judge.
Practice your case speaking out loud and have a written outline you can refer to so you sound like you know what’s going on.