If you have a dispute with your tenant over the security deposit or breach of contract, since the amount disputed should be $10,000 or below, you will battle in small claims court of this money or possession. Since we have attended a small claims hearing many times, here is what you should know on the day of your hearing:
Be Prepared –
The party who is most prepared usually wins. For many, this is first time they have been to a hearing, and believe it comes down to personal testimony. This is incorrect. The party that can document their claim with photos, emails, affidavits and the like will usually prevail. The judge is neutral, only know the claim by the material in front of him or her, and this is one of many cases that day. If you have your ducks in a row and keep the discussion to the claim at hand and avoid personal issues, you should win.
Be Calm –
It can be nerve wrecking to testify in court and state your case. Stay calm. Be deferential to the judge. Follow the rules. Show up on time. Speak when asked to speak and let each party give their testimony. How you state your case can be almost important as the case itself. I have seen tenants get flustered, nervous and fall apart in court brining up issues that have nothing to do with the claim. Don’t be that party.
Be Ready to Settle –
The courts like to settle small claims before the hearing. They will encourage both parties to come to a meeting of the minds before presenting the case in front of the judge. If the judge feels one party should have settled and he or she must do the settling, they may take a hard line on the party who refused to settle. If the tenant is reasonable, consider settling.
Be Ready for a Surprise –
This is small claims court and anything can happen. I have gone to small court when the other party had no legal right to money and they judge felt bad for them and awarded them some cash. The judge may be pro-tenant and anti-owner or just didn’t like the way you talked to them. It is a binding ruling. Many judges like to make both parties feel better about the process and will reward both parties something. Even if you document damages of $3,000, the judge may knock it down to $2,000 and let the tenant stay for a couple weeks longer at your expense. That is why settling can be a good option.
When you hire us we go to small claims on your behalf as part of our services.
