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Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
Each party bears the burden of proving his or her claim(s) by the greater weight of the credible evidence. The plaintiff presents his or her evidence first; then the defendant is able to present his or her evidence. After swearing or affirming to testify truthfully, state the facts clearly and concisely.
The disadvantages of Small Claims Court Without lawyers and pretrial procedures, the Judge is completely unprepared for the factual and legal issues that might arise the parties have to hope that the Judge has some experience with such things.
This study answers two fundamental questions about small claims courts: (1) Who usually wins? (2) Do victors collect their judgments? The rate of victory for plaintiffs who file claims and appear in court is eighty-five percent. Of winning plaintiffs, fifty-five percent never collect any part of their judgments.
If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers with the court by mail, but youll have to follow the states rules when serving the court papers on the defendant.
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