What is small claims court like? (Phoenix: insurance, lawyer, law)

[MAtheBanker]

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?

The reason I've posted this in the Phoenix forum is because I imagine small claims court is different depending on what state you're in.

I'm in the east valley, so anyone who has been throught the small claims court process in THIS area, your comments are much appreciated

[pathrunner]

In small claims you write up a declaration and the judge reads it beforehand. He/she will have lots of cases, so he/she usually decides the case beforehand, although you are allowed 1-2 mins to present yourself and sometimes they based their final decision on that (a good impression of you).

Small Claims is easy and you will often win if you:

1. present your case clearly and briefly
2. write it up intelligently
3. make a reasonable prayer (demand for remuneration)
4. do not make disparaging remarks about the other side in your declaration; stick to the facts
4. present yourself well in court (dress clean and appropriately; use proper etiquette)

[MAtheBanker]

Originally Posted by pathrunner

In small claims you write up a declaration and the judge reads it beforehand. He/she will have lots of cases, so he/she usually decides the case beforehand, although you are allowed 1-2 mins to present yourself and sometimes they based their final decision on that (a good impression of you).

Question about the declaration...

How long should it be? My initial declaration was over 2 pages long. I can consolidate it, but the facts, dates, and little details are what make my case.

I submitted a complaint to the BBB yesterday and had to consolidate the declaration to over half the original. Because of that, I don't know if they'll even do anything with it because I had to take out so many facts.

[observer53]

If the insurance company uses a lawyer (they likely have one in-house) that will bounce your case up to justice court. Same judge, slightly different procedure, you'll get a bit more time to present the case.

[pathrunner]

In that case (lots of pertinent and crucial facts) use a numbered or bulleted list.

Judge Judy is a good example of how small claims works. You present your case extremely clearly because facts speak for themselves.

You say this happened, then that happened, then this happened... with facts only and no subjective comments or evaluations of their character or how you felt.

I had a small claims case that I won where I just laid it out chronologically, step by step. Type it up and make it very, very readable both with grammar and visually.

Judges are very busy and if they're in a bad mood or tired or too busy they will especially hate poor grammar, poor spelling, poor organization and lousy "storytelling." (I worked in law for many years, you must communicate with attorneys and judges in the way "they can hear it" which is brief and clear.)

You might consider bolding the most important facts, but keep the bolded text to a minimum.

BTW the BBB can be a joke in many communities, I don't know how it is in Phoenix.

[MAtheBanker]

Originally Posted by observer53

If the insurance company uses a lawyer (they likely have one in-house) that will bounce your case up to justice court. Same judge, slightly different procedure, you'll get a bit more time to present the case.

From what I've read, small claims court is the ONLY court you can use when the case is less than $2,500--which it is.

[pathrunner]

I forgot to mention that you will be in open court, not a private room. Your case may come up first, in between, or last. You will likely get a chance to see other people present their case. But truly, you get 1-2 mins. tops - a lot like traffic court. If it's a small court (east county may well be small) you might get longer, but I doubt it.

The other side will most likely not use their attorney to bump it up to a higher court. It's a "penny-ante" case. Not worth a lot. They save their attorneys for the bigger stuff. If you get a judgment in your favor, pursue it to the end. You may have to take steps to force them to pay. In other words, you will likely be dealing with the "corporate office" which may well be in another state, back east, wherever. If the ins. co. has a local corporate installation, you will likely deal with the Phoenix branch if you need to have the judgment enforced (paid).

[Bummer]

Originally Posted by MAtheBanker

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.

Possibly just my luck, MA . . .

However, after filing a couple Small Claims Actions, I've learned most companies jump at a quick positive resolution once they receive the "appear" notice.

If you are not quite so lucky . . . kudos to Pathrunner's advice.

[observer53]

Originally Posted by MAtheBanker

From what I've read, small claims court is the ONLY court you can use when the case is less than $2,500--which it is.

Well, it isn't quite that simple.

Arizona's Small Claims Divisions

Click on the "Who can use the Small Claims Divisions?" question. I would agree that they will only use a lawyer if they have someone "in house" and local, to take care of that stuff. If not, it would stay in SC.

[Zippyman]

You want the truth? I've been to small claims court in several states and also here in Phoenix.

The law doesn't matter.

Show up and present a short, well reasoned case, and your odds are 50/50.

I won most of the cases I should have lost, and lost most of those I deserved to win.

I wouldn't rule out the BBB, it does work sometimes...

Good luck, you'll need it.