Small Claims - How to get started, and what to expect.

     

   

Scenario: Suppose you were driving down the road without a care in the world, stopped at a traffic light, and crash. You were rear ended. So you pull over to the shoulder and the driver that hit you dutifully does the same. On the verge of tears, the other driver pleads with you not to call the police, and promises to pay for your vehicle's damage within the month. As you look at your car, you decide that maybe the damage is not so much, and you sure don't want to make this nice lady cry. So you exchange information: driver's licenses, addresses, and insurance.
Over the next week, you go to three auto body shops for estimates, and inform the other driver of what you found out. She agrees to pay you $2300 which was the middle estimate given. Again, she promises to pay by the end of the month, and you believe her. The next week, you text her asking when she will have the money she promised. She texts back saying she'll have it soon, but doesn't have it right now. You reply that you'll agree to a payment plan. She says that sounds good, and will get back to you as to what arrangements she can do.
But … when you call the next week to follow up, she won't pick up. After several attempts, you are left with two choices, take her to court, or forget about her paying you what you're owed. Everyone has their limit, you decide $2300. is too much to forget about it, so you decide to sue her in small claims court

Steps to filing your case:

1. Gather up the information that the other driver gave you at the scene of the car crash.
   
2. Download the text messages between you and the other driver from your phone onto your computer, so that you can print them out when the time comes.
   
3. Locate the court forms you'll need to file: Small claims cover sheet; Statement of Claim; and Summons.
   
4. Fill out the forms (handwritten is acceptable, typed is better); and take them to your local courthouse to file.
   
5. Be prepared to pay the filing fee, summons fee, and fee for service of process. The clerk of court may require separate payments for each, and may be specific as to payment method. So, either call ahead or take a debit card, credit card and checkbook along with you when you file.
   
6. You should also plan to attach to your filed documents either your proof of payment that your vehicle repairs have been done; or the written repair estimate that you're relying on.

What to expect:

When you file, you'll be assigned a case number and a date for a pre-trial conference. The sheriffs will hand deliver the papers that you filed to the other driver. Arrive at the pre-trial conference hearing at least fifteen minutes early. In many jurisdictions, before you even speak to the judge, you and the other driver will be assigned a mediator to see if you can come to an agreement. If you are not able to agree, you'll then go in front of the judge. The judge will call your case and you, the Plaintiff, will approach the podium first to explain your case. At this time you can offer to show the judge the downloaded text messages between you and the other driver; and/ or offer to show the judge the texts on your phone. You want to be able to show the judge that the other driver was at fault, and knows she was at fault. Generally, rear end collisions are considered to be the fault of the driver who rear ended the car in front. But, not always. The other driver may claim that your brake lights didn't work, and that she is not at fault. This is why you need to plan on showing the judge that the other driver knew she was at fault.