For the past three years, I have been a member of the Monroe County Bar Association Referral Network: I've spoken with A LOT of people.
Frequently, I find myself answering questions about small claims court. Personally, I think small claims court is a great option for people who have been damaged, but whose damages aren't considerably more than the expense of litigation. Below, you'll find my answers to 5 of the most commonly asked questions:
1. Can I use small claims court? In order to make a claim in small claims court, you must be an individual or a sole proprietorship. Corporations, partnerships, and associations use a slightly different mechanism called a Commercial Claim (stay tuned for that blog post!).
2. I live in Pittsford, but the business I am suing is in Rochester: which court should I use? At the end of the day, claimants want to recover as much money as possible, and making your claim in the right small claims court can make a huge difference. Rochester City Small Claims Court has a jurisdictional limit of $5,000.00, while the town and village courts can only award $3,000.00 in total damages. For those claiming damages of less than $3,000.00, the town courts are a great option. If you are seeking more than $3,000.00, try to assert your claim in Rochester.
3. How do I prepare for my court date? I like to keep in mind that the arbitrator cares about each case they hear, but they have several cases to hear each day. Therefore, anything you can do to make your story succinct, factual, and supported by documentary evidence can only go in your favor. Attorneys are very orderly and logical people: therefore, try to develop a timeline of events, and then match any documents you have to that timeline. Present the information in a step-by-step manner to the arbitrator, and you will be ahead of 90% of the people the arbitrator sees.
4. I hated public speaking in high school: what can I do? A lot of people have told me they feel "put on the spot" when they have to speak in front of strangers. While it may not seem like it, not all attorneys love the limelight either. Starting in law school and continuing through our careers, however, we get more polished as speakers simply because we have to do it a lot. So, my suggestion to you is: practice! practice! practice! You have a two major advantage over attorneys: 1) you lived the facts --you don't have to learn them, and 2) you don't need to learn the whole body of law before your court date. Practice presenting the facts in a logical and straightforward way, and trust the arbitrator to do their job.
5. Should I settle? This is a very difficult question to answer, and ultimately, the decision is yours to make. If you receive a reasonable settlement offer, however, I suggest doing a cost benefit analysis, remembering to factor in peace of mind and the productivity your extra time can bring.
