Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
1) Go to your local library and get a book or two on representing yourself in court. NOLO makes a good set of legal self help books and any library should carry them in the legal section.
2) Find the Rules of Civil Procedure for the court you will be in and study them.
Much easier and less complicated, if you have the time, is to spend a few hours as an observer in your local small claims court and watch the proceedings. It's very entertaining and you'll quickly realize how easy the whole process is. You'll quickly learn what NOT to do. Good luck!
why would people tell me to bring all documents, such as lease with former landlord, copy of deposit check with former landlord, letters and emails about move out date, pictures of apt after moved out, email on the 30th day after moving out, demand letter on the 34th day after moving out, etc. if no judge is going to "waste his time looking at the records?"
i made everything, including the pictures, in triplicate. did i waste my time? i mean i realize that some people could overload with stuff, and i sure dont want to do that!
and does it matter if i stand on the right or left side of the courtroom?
The judge may or may not ask to see your records. You should have them there in case he wants to see them, but he may not, depending on how clear cut he thinks the issues are.
Also I know he has the money and will have to disclose his financial
situation which will annoy him to heck to do so.
I doubt very much that he will have to do that. You misunderstand the limitation of small claims. There are no discovery motions. The best thing you can do is bring all of your documentation so that you have evidence for your side of the story.
I was talking about what happens AFTER the small claims hearing. I was told and read that if they don't pay after a judgement, they have to disclose their financial situation. The link is here:
The Judge may express his opinion at the time. Many decades back it was common to hear the decision the same day but to avoid any fights outside the courtroom they started to mail the Judgements to each person. Then each had their responsibility to receive or pay. If NOT paid during the allotted time period then further action would be needed.....(have been on both sides there).
I was talking about what happens AFTER the small claims hearing. I was told and
read that if they don't pay after a judgement, they have to disclose their
financial situation.
All of these things are part of a process where the defendant gets to argue why they shouldn't occur. That will cost both parties money to enforce. It isn't just a simple matter of filling out a form and forcing the debtor to do something. There are also private conferences where the debtors financial conditions can only be made known in a private context. So the idea of showing up in court and having the debtor's financing situation disclosed to the public is very unlikely.
yousah, thats not what i said. i was only saying that if there is a judgement where ex landlord has to pay, that if he does not pay within a certain amount of time, then he needs to fill out documentation as to his financial situation for the court and for the tenant (me). then i fill out forms to have his wages garnished or property lien. at least that's how i read it on small claims site for the county and state I am suing in. see link above from their website.
in this particular case, i am aware that the defendant has money to pay the judgement, if it occurs, and will not want his financial information disclosed due to his status in the (small) community.
OP - save your energy looking into the "what if's" and use it to ensure that you have all your ducks in a row as far as simply filing your claim and presenting your evidence in court. If you win a judgment you'll have plenty of time to go further if the defendant fails to pay.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
