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I've been in a 2 month dispute with a car/homeowner insurance company and after battling them for a refund, I've been forced to take them to small claims court.
I'm only 24 and haven't had any experience with anything court related before. Can anyone tell me what small claims court is like? Is it private or are you in a room with a lot of other people waiting for their turn with the judge? How long do you get with the judge? Do both sides have a few minutes to present their case or does the judge review the case before you even come before him/her?
It depends on where you do it and how busy the court is. But yes, you'll usually be in front of a judge, in a courtroom setting. Often times you can do mediation and cut a deal out of court as well.
In my city they use pro-temp judges; usually attorneys moonlighting as judges for experience. There are lots of good books on the subject... start getting educated or the lawyer(s) for the insurance company will eat you alive in there. Good luck!
It depends on where you do it and how busy the court is. But yes, you'll usually be in front of a judge, in a courtroom setting. Often times you can do mediation and cut a deal out of court as well.
In my city they use pro-temp judges; usually attorneys moonlighting as judges for experience. There are lots of good books on the subject... start getting educated or the lawyer(s) for the insurance company will eat you alive in there. Good luck!
In small claims court (or at least the one I'm going to in Arizona), you're not allowed to have a lawyer, so I know I have that going for me. I've been told a rep from the company will be the only person allowed there.
I have a 99% chance of winning this case. Not because I'm cocky, but because they KNOW they owe me the money, the just keep sending it to the wrong address and made out to the wrong people. Taking them to court was my last resort after the half dozen mistakes they've made along the way.
I have been to small claims court several times. You will be in a room with others waiting your turn. When the judge calls your case number, both side are asked if they are present. If both parties are there, the judge sends them to another room with an arbitrator to see if the case can be solved without wasting the courts time. If one party doesn't show up, then you present your evidence to the judge, and he will make a decision.
No way will you see the judge unless the arbitrator can't solve the problem. It's rare that they can't. They try hard to resolve the case before wasting the judges time.
The key is having a paper trail, make sure you have every bit of evidence. You need real evidence, keep records, have copies of emails. real stuff you can show the judge, not just words...
Most cases, if the parties have good evidence, the arbitrator will make the decision and it's over. They try hard to keep you from appearing in front of the judge.
If you win, it's still up to you to collect. If they refuse to pay, you have to put a lien on any property they may have, but you have to do all the leg work to get information about the property you wish to lien.
In other words, even winning doesn't guarantee you will ever get any money. If the person is a deadbeat, it's probably a waste of time and money to sue.
The whole key to winning is to have a paper trail proving your case..
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Donn gave a good answer. I just wanted to add that small claims court are generally not as stiff and formal as higher courts. Your best bet would be to look up the courts online to find out when the next hearing is, hopefully you can find one with the judge that you will have if you know who that is at this time, and then go to sit and watch to see how things are handled in the courtroom setting.
A sidenote, if you have time. Before I went the frst time, I attended several sessions of SCC, just see how the game was played. It's much more comfortable to know what is coming before you must appear...
At least go once if you can. It's kinda fun.....
In small claims court (or at least the one I'm going to in Arizona), you're not allowed to have a lawyer, so I know I have that going for me. I've been told a rep from the company will be the only person allowed there.,,,, .
It just so happens the rep is a attorney thou. Be careful.
I think it's going to be how it's set up in your area. The advice to go and sit through a session is a good one.
I was on a six person "jury" in a small claims court once. We listened to the complaint, then I think the judge gave his ruling and we were asked if we agreed or disagreed. All the rulings seemed correct to me. We all agreed for each case.
Update:
Approximately one month after sending the papers to the company I'm suing, I got a letter from an attorney here in town stating that XXXCompany is denying all allegations and do not owe me anything.
Figuring this is just a stock letter, I called the attorney. He seemed surprised I was calling and said he'd call the company and get more information.
The next day he called back and said the did indeed owe me money and would be willing to pay me exactly what they owe me plus $44 for court costs related to filing the suit. I did not accept. I told him the company should be held liable for the time I've spent trying to fix this issue and merely paying me what they owe me wouldn't be "settling".
He called me back again after talking to the company and we've finally reached an agreement. In the end, I'll be getting double what they originally owed me. I should have the check by Tuesday
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