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Small claims court: Know your stuff before you enter
Broadcast: October 5, 1999

This story, "Small Claims Court," won a gold medal in the category educational / instructional television at the New York Festivals, January 19, 2001.

Most of us know small claims court through the television personas of Judges Wapner and Judy.

But in real life it's the arena of last resort for the average consumer, the place where you can still recover some money from a shady retailer or a shoddy service company.

But small claims court can bewilder and frustrate you if you don't know what you're doing.

Talin Vartanian has been to small claims court more times than almost anyone -- except maybe a small claims court judge. And the four times she's been to court have convinced her that it's "a perfect place for consumers to seek justice."

She's done battle in court over a landlord-tenant dispute. She won.

She's fought twice before a judge over tropical vacation rip-offs. She won. Both times.

This is a story about another case Vartanian went to court to fight. And won again.

"A few years ago I bought a used car," she says. "I was thrilled with the car but the radio was a pain. There was static. There (were) whistling noises … it was really irritating."

So she took the radio to the shop where she bought the car, and staff there told her they'd fix it.

But time passed and no radio. Vartanian made repeated calls to the shop, but nobody called her back. Finally when she did connect with them, they told her the radio couldn't be fixed, but they could replace it with a better unit. That was fine with her.

The new radio also had problems, prompting the woman to write a letter to the shop:

"I am a busy person, sir. I do not have time to return repeatedly to your store until you get it right. But believe me I will be a thorn in your side until you do."

But still no word from the store, which left Vartanian feeling ripped off.

That's when she took the radio to a different shop, where technicians told her the new radio had been improperly wired. They re-installed it for $71.30 - a bill Vartanian sent to the original shop.

But still no response, which prompted another letter, this time saying that if she didn't hear from the shop by the end of the month, "I'll see you in court!"

"My favourite words," she says.

"Talin did everything any consumer should do," says Judge Marvin Zuker, who presided over small claims court cases for more than 10 years. "She appreciated that the court system was to be the last resort. And I think she did absolutely the correct thing."

Just don't expect instant results, he cautions.

"…It could take several months depending on the jurisdiction you're in," Zuker says, "but eventually people will have their day in court."

That day got closer for Vartanian when, after hearing nothing from the shop owner, she paid $35 and filed in small claims court. "For access to the judicial system, I consider that a bargain," she says.

It's a bargain as long as you know what you're doing.

According to Zuker, "When you decide you are going to sue, make sure as much as possible that you are suing the right person. Don't get hung up on the name of the company. Go to the Ministry of Consumer and Commercial Relations - they will help you."

That's important because such mistakes will delay the process. But Vartanian knew exactly who and what she was after.

"You know, that man could have kissed me off for $71.30 and it would have been all over. But no, because he didn't do that I decided to sue for a lot more."

In addition to the $71.30 for the radio repair, Vartanian calculated - among other things - out-of-pocket court expenses and $375 for the value of her own time. And something else:

"Punitive damages," she says. "Meaning I wanted to send a message to this guy that this is not a way to deal with people. And punishment for that, I figured, should be $250. And that came to a grand total of $723.10. And that's what I filed for."

Awards for going to court vary from province to province. In B.C. the maximum is $10,000. In Ontario it's only $6,000.

Like most people who sue in small claims court, Vartanian did so without legal representation. If that's the case, the judge can help guide you along the way.

"The judge is a consumer himself or herself," Zuker says. "You shouldn't feel intimidated by the process."

Vartanian says representing yourself is also cheap: "…you don't have to pay big bucks for a fancy-schmancy lawyer."

Maybe the most crucial piece of advice she offers is this: "Remember to bring all your documents."

It's a mantra Zuker favours too. "Documentation, documentation, documentation … Bring your materials with you. Bring contracts with you. Don't forget witnesses. There is a misconception that if they are a family member they can't give evidence on your behalf."

In Vartanian's case, not only was she prepared, the defendant never showed up for the trial. "That was a big mistake on his part," she says.

It was a mistake that contributed to her victory. Vartanian was awarded $323.10 - she lost out on her claim for lost time, for instance, but she did win on her claim for punitive damages, despite the fact they're rarely awarded in such a court.

"When the judge put me on the stand, I was very deferential," she says. "Always a good idea," Zuker notes. "Certainly in my experience when a litigant refers to myself as "your Majesty," I think that goes a long way to supporting that person's claim. I'm only joking, of course."

But the victory didn't translate into money for Vartanian immediately.

"Perhaps the greatest misconception in small claims court is,when you get a judgment, that you actually see the money that split second. And of course that's not the case," Zuker says. "You'll find that, to collect on the judgment, will require enforcement proceedings."

And that means you may arrange to have wages garnisheed or have land or personal property seized to pay the judgment.

Now, in the end, you might think, gee, wasn't that a lot of work for her to win just $323.10?

"For a lot of people, small claims court is not about collecting money. It's not about a judgment. It's not about interest. It's about principle," Zuker says.

Vartanian agrees. "In the end the great thing about small claims court is, it's a great way to seek justice when you've been wronged in the market place. And to do it at a bargain-basement price … hey, they don't call it 'the People's Court' for nothing."

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