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Small claims
court: How to survive it (and maybe even
win)
 It's
certainly not rocket science, but to win
your case before a small claims court judge,
you do have to do some legwork.
If you've kept clear and organized
records, you're well on your way to presenting
a good case.
Top ten tips for winning
your case:
- Don't wait too
long
Some claims have to be filed
within a certain length of time after
the cause of action occurrs, referred
to as a limitation period. Find out if
your case has one.
- Be patient
You may have to wait several months, depending on the jurisdiction, for the
case to reach the courtroom. You will have your day in court, though.
- Sue the right party
Use your provincial consumer and commercial relations ministry to help ensure
you're not suing the wrong party, particularly if it's a company.
- Show up
When you get your day in court, show up. It may sound ridiculous, but a surprising
number of litigants (and not just defendants) fail to show up and don't
present their case.
- Bring your documents
Remember to bring every piece of relevant documentation; if you're not sure,
bring it anyway. Too much evidence is better than too little.
- Don't forget witnesses
Round up all the necessary witnesses you can. And don't believe that, just
because someone is related to you, you can't bring them along.
- Be courteous
This isn't just a recommendation to be genteel before the bar; outbursts,
rudeness and a hot-headed approach make it hard for your case to be heard
properly.
- Don't be intimidated
Although the court experience can be arcane and confusing, Small Claims isn't
the Supreme Court. You can expect the judge and court staff to help you
along the way.
- Don't look for
quick money
Many times collecting the money you've won (if you win) requires a special
enforcement proceeding. At that hearing, money can be secured via garnisheed
wages or seizure of personal property.
- Know your titles
Call the judge ‘Your Honour.’ Speak loudly and clearly when addressing
the court.
For more on this story,
check Marketplace's Gold Medal Award
winning story
on Small Claims Court, originally broadcast
on October 5, 1999.
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