small claims court mistakes

5 Small Claims Court Mistakes and How to Avoid Them

VWB Blog 1 year ago 4

Did you know that 1/10 Americans have unclaimed money floating around somewhere? This might come in handy if someone like a contractor or landlord owes you money that they aren’t giving you.

Instead of searching around for funds, consider filing a claim for what you are owed. If you choose to go this route, you need to know the most common small claims court mistakes and how to avoid them.

Keep reading to learn more.

1. Not Considering Your Options

One of the most common small claims court mistakes you can make is not considering other options. There’s a chance you won’t need to go to court at all to get the compensation you are looking for.

Don’t rush into a small claims lawsuit without exploring other options. You might be able to settle a claim without involving the court with the help of a mediator. Not every case allows this though.

For example, if you are wondering how to sue telemarketers, you can file a claim directly with a small claims court.

2. Not Organizing Your Case

For you, a small claims case might be fairly clear. However, you can’t show up to court and simply explain what happened.

You’ll need to collect evidence, get copies of receipts or contracts, document dates, and take pictures if necessary. Take the time to organize the details of your case.

3. Not Hiring a Lawyer

You don’t always need a lawyer to win a small claims court case, but it certainly helps to have one. Before a small claims hearing, opt for a consultation with a lawyer to talk about your legal options.

Attorneys might tell you that you can move forward with the claim without their help. Lawyers will only spend time on cases that require their help.

4. Underestimating Your Opponent

Filing a lawsuit is difficult because you never know how your opponent will be in court. It’s essential not to underestimate them.

If they are more prepared with documents for small claims or if they have a lawyer on their side, they have a good chance of winning. You’ll need to out-prepare your opponent in court.

5. Not Documenting Expenses

Many people go to small claims court to collect a sum of money that they believe they are owed. Even if you have a clear case stating that you are owed money, you need to prove exactly how much.

Always document your expenses and bring this evidence to court. The judge will have the final say in how much compensation you are owed by reviewing your financial losses.

Small Claims Court Mistakes to Avoid

Most people know that they can pursue a small claims court case on their own, but it doesn’t mean it’s always the best option. The process can get complex and become confusing which leads to many small claims court mistakes.

If you are planning a lawsuit, avoid these small claims court mistakes to have the best chance of winning.

For more informative blog posts like this, check out the other articles on our website.

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