Small Claims Court?

[Law Talkin’ Guy]

Have you thought about doing it yourself without a lawyer?

Small claims court is generally the realm of the self-represented litigant. As a lawyer irl I typically try to encourage clients to handle their small claims alone, because even if they win, the legal fees are usually too high proportionate to the value of the claim to make a lawyer worth it.

When it comes to small claims my usual practice is to maybe help clients draft their pleadings, give them some advice on how to be as efficient as possible in court by having their evidence and documents properly organized (judges HATE people that waste their time), and telling them how to pursue enforcement of a judgment after they win at court, such as garnishing wages or registering a writ of execution against a debtor's vehicle.

 

[phipps66]

Have you thought about doing it yourself without a lawyer?

Small claims court is generally the realm of the self-represented litigant. As a lawyer irl I typically try to encourage clients to handle their small claims alone, because even if they win, the legal fees are usually too high proportionate to the value of the claim to make a lawyer worth it.

When it comes to small claims my usual practice is to maybe help clients draft their pleadings, give them some advice on how to be as efficient as possible in court by having their evidence and documents properly organized (judges HATE people that waste their time), and telling them how to pursue enforcement of a judgment after they win at court, such as garnishing wages or registering a writ of execution against a debtor's vehicle.

Thanks for the reply. Yes I do plan to navigate small claims court on my own. I am only using a lawyer for the eviction because I have never evicted someone before, and in a tenant's rights state like CT I wanted to ensure all my ducks are in a row. My paperwork is in order for sure and I'm confident I can prepare the small claims case myself. Most people I've talked about it with always say you'll never get the money, the people just move, switch jobs etc etc. My questions are in the part you described, garnishments and writs. Basically getting back the money owed to me. I can wait for it, I just want to ensure at the end of the tunnel will be payment, and I won't be doing the whole small claims thing for nothing.

 

[HunterIII]

Ask this same question on the biggerpocket.com forums and you will get a lot of informed replies from people who have been there, done that. It's a real estate investing website.

 

[Sir Galahad]

So unfortunately I'm in the process of evicting a tenant for not paying rent. I'll most likely be out 4 months rent plus legal fees. I plan to take her to small claims court to try recoup something.

Anyone have any experience with small claims court? I only hear people say it's a waste of time yadda yadda.

EDIT: This is the US, state of CT in particular.

The mob handles this type of problems.

 

[mushishi]

You don't need a lawyer for small claims, do you? I mean, they never have lawyers on Judge Judy. Just show them all correspondence with defendant, you should win. But will you collect? That's the real question.

 

[Banchan]

Yea. She has a decent job and income. And a side job I know of and alimony/child support.

I know that if you win a judgememt where i live you can have her wages garnished if you know her employer and bank account. I think as long as she is making money and not living through undetected cash or social service payments you will be able to collect.