STEP TWO: Case Preparation and Presentation

Depending on the court calendar in a given jurisdiction, claimants (and defendants) will have approximately three to six week from the time they file their claims to prepare their cases for their Court Day or Night. Settlement is always possible up until the moment the hearing takes place. The threat of going to court may be effective in prompting a settlement. After they file their claim, claimants should promptly send the Stipulation of Settlement and Affidavit Upon Default to the defendant. If the parties come to a settlement agreement, then neither the claimant nor defendant have to appear at the scheduled hearing. They should, however, file the Stipulation of Settlement and Affidavit Upon Default with the Small Claims Court clerk.

Claimants (and defendants) should use the three to six weeks to prepare their case, to gather evidence and to write out and practice their presentation. Evidence can consist of paper evidence and witness testimony. Paper evidence includes receipts, canceled checks, credit card billing statements, estimates (at least two), damaged or defective items, photographs, diagrams, contracts, warranties, leases, etc. Witness testimony includes the in-person testimony of experts and other people or Affidavits. Paper evidence and witnesses can be subpoenaed if necessary. After gathering all the evidence, write out a clear, concise, chronological narrative of the action. Finally, it is important to practice the presentation. You should practice the narrative and introducing and describing the evidence.

Go to STEP FOUR

 

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