How To Represent
Yourself In Small Claims
Court
301 Oxford Valley Road, Suite 402A
Yardley, PA 19067
(215) 493 – 8287
© 2016 Scott I. Fegley, Esq. All Rights Reserved
TABLE OF CONTENTS
I.
About the Author
i
Preface
ii
I Want My Money! (The Plaintiff)
1
A.
Reality Check – Principles Cost Money
1
B.
Who Can File A Small Claims Complaint?
1
C.
Where Do I File A Complaint?
2
1.
Pennsylvania
2
2.
New Jersey
2
3.
Landlord/Tenant and Disputes Involving
Real Estate
2
D.
E.
F.
How Do I File A Complaint?
3
1.
Pennsylvania
3
2.
New Jersey
3
Preparing Your Small Claim
4
1.
Gather Documents
4
2.
Prepare A Written Outline
5
3.
A Word About Witnesses
6
Appearing In Court
6
1.
Courtroom Decorum
7
2.
An Opening Statement
7
3.
G.
II.
Presentation of Your Case
7
a.
Your Evidence
7
b.
Objections
8
c.
Cross-Examination
9
4.
Answering Your Opponent’s Case
9
5.
A Closing Statement
10
Filing An Appeal
10
It’s Not My Fault! (The Defendant)
10
A.
Reality Check II
10
B.
Answering the Complaint
11
C.
Preparing Your Defense
11
1.
Gather Documents
11
2.
Prepare A Written Outline
12
D.
Appearing In Court
13
1.
Courtroom Decorum
13
2.
An Opening Statement
13
3.
Challenging The Plaintiff’s Case
13
4.
Presentation of Your Case
13
a.
Objections
13
b.
Cross-Examination
14
5.
E.
A Closing Statement
Filing An Appeal
III. Summary
15
15
15
For More Help
17
Glossary
18
ABOUT THE AUTHOR
Scott I. Fegley, Esq. has been representing clients in a wide variety of civil matters
for over twenty-seven years. He received his Juris Doctor from the Villanova
University School of Law in 1987. Mr. Fegley is a member of the Phi Beta Kappa
National Academic Honor Society.
After working for firms in Princeton and Philadelphia for fifteen years, Mr. Fegley
began his law practice in Yardley, Pennsylvania, in 2002 concentrating on
business, employment, and personal injury cases. In his years in private practice,
Mr. Fegley has represented hundreds of clients in small claims courts.
Mr. Fegley served as an adjunct instructor on employment law at the Bucks
County Community College. In 2013, and again in 2014, Philadelphia Magazine
selected Mr. Fegley for its list of “Top Attorneys” in the category of employment
law. He is also a continuing legal education speaker on employment law for the
National Business Institute.
The Fegley Law Firm’s website is www.fegleylaw.com.
Mr. Fegley’s email address is [email protected].
i
PREFACE
In our lifetimes, we are far more likely to be in a small claims court than any
other courtroom in America. It may be as a homeowner who hired an
unscrupulous contractor or a small business owner whose customer did not pay a
bill. Landlords and tenants will find themselves in small claims courts first to
collect unpaid rent or dispute terms of a lease. Unfortunately, when the disputed
amount is only a few hundred dollars, or even a few thousand, hiring a lawyer to
represent you may be cost prohibitive. Why pay a lawyer more than you can
recover if you win?
Truth be told, in many cases you can successfully represent yourself. The
purpose of this Guide is to train you to prepare your small claim properly and
equip you for the courtroom. Follow it and you will significantly increase your
chances of winning. Fail to prepare and all bets are off. Just like any athletic
contest or artistic performance, if you walk into the arena unprepared you can’t
expect good things to happen.
While many of the preparation points I will discuss in this Guide apply to
both the plaintiff (the person who is suing) and the defendant (the person being
sued), there are differences. So the sections of this Guide are divided accordingly.
I will also discuss differences between filing a small claim in Pennsylvania and
New Jersey.1 If you still have questions after reading this Guide, you may call
(215) 493-8287 or email me at [email protected] and I’ll try to help you work
through any sticking points in your preparation.
Remember, courtesy and civility to your opponent and the judge are a key
ingredient to courtroom success as well. Come off as arrogant or downright rude
and the judge may look for reasons to rule in favor of the other party.
Use this Guide, represent yourself with confidence, save money, and gain
the satisfaction of doing it yourself in court.
Scott Fegley
If you must file your claim outside of Pennsylvania or New Jersey, you will
have to go online to your state court’s website and research local filing procedures.
However, preparation is preparation. You will still find this Guide useful.
1
ii
I.
A.
I Want My Money! (The Plaintiff)
Reality Check – Principles Cost Money
The smaller the amount of money at stake, the more you have to ask yourself “Is it
worth it?” Pursuing someone for money has its own costs. There are filing and
service fees, often from $60 or so for the smallest dollar value cases up to $170+
for the maximum dollar value. (Small claims cannot exceed $12,000.00 in
Pennsylvania and $15,000.00 in New Jersey.). Far more valuable than the filing
fee is your time. Count on spending a couple to several hours to prepare your case
depending on its complexity and another few hours to appear for the hearing. How
much can you earn in a day? Is it worth it? Be honest with yourself and ask
yourself “How strong is my case?” Even if you honestly believe it’s a slam dunk,
there are no guarantees in court.
I have heard callers and clients say, “It’s not about the money. It’s the principle.”
I understand there are cheaters and scam artists who abuse the system and who are
counting on the fact you won’t pursue them because of the cost. It sticks in your
craw to allow them to “get away with it.” But sometimes, it is more cost effective
and less frustrating to simply write the person or company off as untrustworthy and
be more careful the next time. At least make your decision objectively, set aside
emotion and understand the hidden as well as the open costs. If you still decide it’s
worth it, read on.
B.
Who Can File A Small Claims Complaint?
You can only represent yourself in small claims court if you are truly representing
yourself. That may sound trite, so let me explain. If you are a landlord or a small
business owner and you have a company with its name on the lease or to whom a
bill is owed, you cannot represent your company even if you are the sole owner. A
company (e.g. a corporation, an LLC or partnership) is a separate legal entity that
can sue and be sued on its own. And representing your company in court, unless
you are an attorney, is considered the unauthorized practice of law without a
license. If you have a company with a small claim, stop reading and call my office
(215) 493-8287 or email us at [email protected] . We will be happy to help.
1
And you cannot “help out” a friend, a neighbor, or a family member in small
claims court. You can only represent yourself.
C.
Where Do I File A Complaint?
Where you file depends on various factors. However, except in Landlord/Tenant
cases which I’ll explain in a moment, to keep it simple I recommend you find out
where the defendant lives or has a place of business and file your complaint in the
court there. If you win a judgment, it can also simplify enforcement later on.
1.
Pennsylvania
In Pennsylvania, small claims are heard in the local district courts for each
county. If you have your opponent’s address, go to the county court website for
the county in which the defendant is located. Most county court websites have a
map showing the boundaries of each district court within its borders along with a
list of the district courts’ contact information. Each county court system is
responsible for administration of its own district courts. Once you find the right
district court, you can go online to the district court’s website and download a
complaint form or call up and ask the clerk to fax one. I have attached a sample
complaint form to this booklet as Appendix A. If you are having difficulty
locating the proper district court, call my office. We will be happy to assist you.
2.
New Jersey
In New Jersey, a small claims complaint may be filed directly with the “Special
Civil Part” section of the New Jersey Superior Court in the county where the
defendant is located. The Superior Court is New Jersey’s county level court
system. New Jersey’s municipal court system does not hear civil cases. For the
complaint forms, as well as other information on representing yourself in the New
Jersey Courts, go to www.judiciary.state.nj.us/prose .
3.
Landlord/Tenant and Disputes Involving Real Estate
In both Pennsylvania and New Jersey, file the complaint in the court for the district
(PA) or county (NJ) where the property is located.
2
D.
How Do I File A Complaint?
1.
Pennsylvania
In Pennsylvania, the complaint is a simple one-page form available on most county
court or district court websites. [See Appendix A] Include your name and address,
the defendant’s name and address, the amount you are seeking, and a brief
description of the problem. For example, “I paid the defendant to install a new
bathroom and he didn’t finish the job,” or “The defendant hasn’t paid me for my
services.” No legalese necessary. Sign it and send it in with the correct fees and
the court clerk will take care of the rest. In Pennsylvania, you may choose to pay
for service by the local constable (more expensive) or by certified mail (less
expensive). I generally select certified mail unless I feel the need to get my point
across by having the constable show up at the defendant’s business or residence.
When filling out the complaint, be sure you identify the proper defendant. If you
make a mistake and sue the wrong defendant, for example, John Smith instead of
John Smith Paving, Inc., your case may be dismissed and you will have to start
over again.
2.
New Jersey
In New Jersey, small claims are cases in which the plaintiff seeks no more than
$3,000 or $5,000 if the lawsuit is based upon the return of a tenant's security
deposit. However, if the amount of money you are trying to recover is more than
$3,000 but less than $15,000, you may still seek an expedited hearing in the
Special Civil Part. A different complaint form is used depending on whether you
file in the “small claims” section of the Special Civil Part [ See Appendix B] or
the Special Civil Part itself. New Jersey’s form requires just a bit more
information and another page called a “summons,” but the ease of filing at the
county level saves you the trouble of figuring out which municipality the defendant
is located in. Again, just fill it out, select your desired method of service, and mail
it in with the proper fee. For detailed information and forms to represent yourself
in New Jersey, go to www.judiciary.state.nj.us/prose .
3
E.
Preparing Your Small Claim
As the plaintiff, you have the burden of proof. That means you have to prove not
only that the defendant did something wrong, but that the defendant’s actions
caused your damages. You must also prove the amount of your damages. The
defendant does not have to prove anything. The defendant can sit there in silence
for the entire hearing and if the judge doesn’t feel you have proven your case, you
still lose! Therefore, it is critical for you to think about your case ahead of time.
What is it you want to prove? And how are you going to do it?
1.
Gather Documents
Simply put, arguments are more effective when presented visually rather than
orally. If your case is for breach of a written contract, you better have a copy of
the contract. If you claim the defendant’s work was defective, take photographs or
even video of the work to show the judge. (CAUTION: Have the photographs in
print or stored with any video on a flash drive you can enter into evidence. Don’t
simply bring them in on your tablet or laptop unless you want to leave your device
with the judge.).
Have copies of payments made to the defendant or payments you made to another
contractor to fix the defendant’s work. Show the judge on paper how you calculate
your damages! In a contractor case, that may be a refund of the money you paid
the defendant or a judgment for the additional cost of having it done right. For an
unpaid debt, it may be a Quickbooks statement showing your invoices, the
defendant’s payments, and the outstanding balance. You have to prove your case
with the best evidence. Simply standing up in court and telling the judge the
defendant owes you money is not persuasive.
When you have gathered your documents, take a hard look. Ask yourself can I
prove what was agreed to, what didn’t happen, and the amount of money that I
asked for in my complaint?
In a small personal injury or property damage claim, relevant documents may
include medical bills, a police report, car rental invoices, and always photographs.
Ask yourself what documents do I have that I can use to show what happened to
me and how much money it cost?
4
2.
Prepare A Written Outline
Don’t rely on your memory. It will fail you in the heat of the argument and you
will inevitably leave something out. Every lawyer constructs a written outline of
his or her case presentation. You should, too.
Small claims cases are best presented chronologically. For example, if you are
suing a contractor for defective work, you should start with the contract. Write
down what was agreed to, how the defendant failed to do what was agreed to, and
your damages. Next to each written point, write down each document you intend
to show the judge to prove that point. In our contractor case, a written outline
might look something like this:
Contractor Outline:
1.
Signed contract for new bathroom on [DATE]. Gave $5000
deposit. Original contract price $12,000.
Documents: Contract, Check
2.
Defendant failed to start on time.
Documents: My email to deft
3.
After demolition, deft requested another payment. Paid $2500.
Documents: Check
4.
Defendant failed to proceed timely
Documents: More emails
5.
Defendant left bath unfinished, work defective
Documents: Photographs
6.
Defendant never returned nor refunded money despite demands.
Documents: more emails
7.
Paid new contractor $10,000.00 to complete job
Documents: Contract, check, photographs
8.
Damages: Paid $17,500 total. Orig. contract for $12,000.
Seeking judgment of $5,500.
A property damage outline may be simply:
1.
2.
Defendant rear-ended me at stop light
Documents: police report
Damage to vehicle
Documents: photographs
5
3.
No collision coverage. Paid $2500 out of pocket
Documents: repair bill, check or credit card payment
If you present your arguments and evidence in an organized fashion following a
written outline carefully constructed in advance, you will not only feel more
confident and make every point, you will have your unprepared opponent reeling.
3.
A Word About Witnesses
Witnesses, especially impartial witnesses like a witness to an accident or another
contractor to speak as an expert in a trade, can be highly valuable to your case. If
you can persuade them to come to court to testify for you, do so. In small claims,
however, witnesses often do not want to testify because of the time and hassle.
While it is possible to have the court subpoena a witness, there are additional costs
for service of the subpoena and then your unhappy witness may find himself or
herself short of memory on the witness stand. Paying a witness to testify as an
expert in a small claim makes no more sense than paying an attorney.
If you do have witnesses come to trial to testify for you, follow the same approach
for their testimony that you will have done for your own. Prepare a separate
written outline of the points you want the witness to talk about and match the
points with the documents you want to have the witness identify. If possible, go
over your outline and the documents with the witness before the hearing. Don’t
risk being surprised by something the witness says on the witness stand you were
unprepared for.
F.
Appearing In Court
Once the complaint is filed, the court will mail you notice of a tentative hearing
date or “default” date. If the defendant doesn’t answer, the court will simply enter
a judgment in your favor for the requested amount. If the defendant does answer
and intends to defend, a new hearing date may be scheduled. You must read each
court notice carefully and pay attention to hearing dates. They will come up
quickly. If you miss the hearing date, your complaint will be dismissed, you won’t
get your money back, and you will have to start over again.
6
1.
Courtroom Decorum
As the plaintiff, you will sit at the table on the left facing the judge’s bench. Rise
when the judge enters the room and wait until he says you may begin. Avoid
interrupting the judge and your opponent when they are speaking. Maintain your
cool no matter what buttons your opponent tries to push.
2.
An Opening Statement
Begin with a concise statement about your case and keep it to a few sentences.
Don’t assume the judge knows anything about your case before he entered the
courtroom. In our contractor case, it might go something like this:
Your Honor, I signed a contract with Acme Contractors to install a new
bathroom in my home for $12,000. I paid Acme a deposit of $5,000 and a
second payment of $2,500. Acme did sloppy work and didn’t finish. Instead
,it cost me $10,000 more to hire someone else to finish the work and correct
Acme’s mistakes. I’m asking for the extra $5,500 it cost because Acme
didn’t install the bathroom as promised.
In one short paragraph, you have given the judge a thumbnail of your entire case.
Write your opening in advance and edit it. Have someone read it back to you so
you can hear if it effectively communicates your message.
3.
Presentation of Your Case
Brevity is the rule in presenting your case. While you should follow your written
outline, cut to the chase. Make the necessary points and present your evidence.
Don’t use thirty photographs if five will do. Don’t introduce every email in an
email string if one will do. Make your points and sit down.
a.
Your Evidence
I recommend numbering your exhibits before you get to the court. “P-1” (for
plaintiff), “P-2” and so on. I also recommend making at least two copies of your
exhibits package, one for the opponent and the one you will give to the judge as
your evidence. Have an extra copy for yourself. Never give up your original
documents and photographs. You may need them later.
7
As you make your points, identify each exhibit. Tell the judge what it is, why it is
important, and offer it as evidence. He will ask your opponent if there is an
objection. If your opponent does not object, the judge will accept your exhibit. If
your opponent objects, the judge will have to decide whether to exclude the
evidence or accept it over your opponent’s objection.
b.
Objections
In small claims courts, and particularly with parties representing themselves,
judges will relax the rules. If no one objects to evidence or argument, the judge
will typically let the parties speak and accept any evidence the parties care to
present. Yet, assuming that will happen can be your undoing. Understanding a
little bit about the “Hearsay Objection,” how to avoid it, and when to use it when
it’s the defendant’s turn can give you a distinct advantage over your adversary.
“Hearsay” is simply an oral or written statement by someone who is not in court to
talk about it. If your opponent objects, the judge will not allow you to testify about
what someone else said or present a document written by someone else who is not
in the courtroom. For example, in our contractor case an objection may arise like
this:
You: Your Honor, the second contractor I hired told me the
defendant failed to allow the grout to set properly and now the
tiles are coming loose.
Deft: I object. That’s hearsay.
Judge: Sustained
You: Judge, I have a letter here signed by the other contractor that
identifies everything the defendant did wrong.
Deft: Same objection, Your Honor.
Judge: Sustained.
If the second contractor is not in the courtroom to testify, his statements about what
the first contractor did are not admissible.
8
So how do you avoid hearsay? One way is to have the other contractor present to
testify. If he or she is unwilling to testify, you’ll have to come up with something
else. Your photographs may be the answer. Who needs testimony when you have
photographs of loose and crooked tile, a leaky pipe, a crooked shower door, etc.?
The judge can infer from the photographs that these things should not occur in a
properly installed brand new bathroom. Hearsay is best avoided as you prepare
your written outline. Make sure you can prove your case with your own
observations and documents that you created or signed, the defendant created or
signed, or photographs you can identify.
c.
Cross-Examination
Don’t be surprised when the judge allows your opponent to ask you questions after
you have presented your case. It is called “cross-examination.” In our legal
system, each party has the right to ask questions of the other. Stick to your guns.
If you have your written outline and your evidence supports the facts, you
shouldn’t be rattled.
4.
Answering Your Opponent’s Case
As they say, turnabout’s fair play. Sit quietly while your opponent hems and haws
about what he did. If your opponent attempts to offer a statement by someone who
isn’t present, object. For example, your opponent might try to present an estimate
from a third contractor to show any repairs and finish work could have been done
for $2,500 instead of $10,000. If the other contractor’s not present, object! That’s
hearsay!
If your opponent says nothing to contradict you or your evidence, you may not
want to ask him any questions on “cross-examination.” Sometimes, the greater
wisdom is knowing when to stop. If your opponent says something you know is
wrong and you have a document to prove it, use it. For example, let’s say our
defendant contractor denies in court that he promised to return and repair defective
work. You have a text message he sent you promising to do just that! Show it to
the judge! Nothing is more effective evidence against a party than his or her own
words. However, do not simply call your opponent a liar or get into an argument
of “Yes, you did. No, I didn’t.” If you don’t have the proof, you may only end up
emphasizing something the judge didn’t find important anyway.
9
You have hopefully understood by now the importance of documents to your case.
Talk is cheap. Documents provide substance.
5.
A Closing Statement
By the time both sides have presented their arguments and evidence, the judge will
have a firm grasp of the issues. Closing statements to the judge generally aren’t
helpful. If you feel compelled to say something, keep it brief.
G.
Filing An Appeal
Unfortunately, even if you are successful, your opponent has the right to appeal.
The losing party must file an appeal with the county level court within thirty days
of the date of the judgment. In Pennsylvania, for a mere few hundred dollars, your
opponent can force you to file a complaint at the county level. In New Jersey, a
Special Civil Part appeal goes to another Superior Court judge.
Because a few hundred dollars can put off indefinitely the day a defendant may
have to pay a few or several thousand dollars, appeals happen frequently. It is a
shortcoming in our system. Pursuing your case at the higher level is significantly
more difficult. In Pennsylvania, there are technical rules just for filing the
complaint that non-attorneys will not understand. If you can’t let it go, call our
office. We can help you. (215) 493-8287 or email [email protected].
If you lose as a plaintiff and aren’t willing to give up, I strongly recommend you
consult an attorney also. While district court judges do make errors, you should
seriously evaluate the strength of your case before proceeding.
II.
A.
It’s Not My Fault! (The Defendant)
Reality Check II
If you are one of those cheaters or scam artists who works the system to avoid
paying a debt, nothing I say here will matter to you. However, if you are a person
who honestly believes you have been unjustly accused, there is still a cost to you as
well. There is your time. There is the cost of appealing a judgment. There is more
of your time. And then attorney fees at a higher level. If you could settle a $3,000
10
claim for $1,500 before it gets that far, would you? The same goes for the
plaintiff.
The late Hon. Donald Nasshorn, a longtime and well respected District Justice in
Pennsylvania, gave the same speech to every group of litigants before hearing a
case. He’d suggest the parties go out in the hallway and take a little more time to
reach a resolution on their own. If they left it up to him, he guaranteed one of the
parties was going to leave the courtroom very unhappy.
B.
Answering The Complaint
Answering the complaint can be done simply with a letter, fax or email to
the court. No form is required. You must notify the court within twenty days of
your receipt of the complaint that you intend to show up and defend. If you don’t,
the court will enter a “default” judgment in favor of the plaintiff.
If you have a claim against the plaintiff, you must file a “counterclaim” by
filing the same complaint form as the plaintiff stating the amount of your damages
and the basis for your claim. For example, our contractor may file a counterclaim
against the plaintiff for the balance of $2,500 the plaintiff did not pay Acme for the
bathroom work.
C.
Preparing Your Defense
As the defendant, you do not have the burden of proof. As you analyze your case,
you may find you do not have any evidence you want to introduce at all. However,
that does not excuse you from understanding the universe of evidentiary material
available in your case and anticipating what the plaintiff will present as evidence.
You should also be looking for documents that you will use to “impeach” the
plaintiff, or in other words, make the plaintiff look like he or she is not telling the
truth whether intentionally or by incorrect recollection.
1.
Gather Documents
Small claims courts do not provide the opportunity for pre-hearing “discovery.”
Discovery is the opportunity to see what documents your opponent has before you
get to court. However, in many cases, what the other side has may easily be
identified with a little thought. In our contractor case, a reputable contractor will
11
have kept a copy of every document for the project from the contract to change
orders to every written communication with the customer.
Our contractor’s defense in this case might be that the customer failed to give them
the opportunity to fix a few minor mistakes and simply went ahead with a new
contractor who installed more expensive materials than what the original contract
called for. Documents that may prove helpful might be emails from the plaintiff
cancelling each appointment the contractor scheduled to return and complete the
work. A prudent contractor also takes photographs of his work as it progresses. In
our case, perhaps the defendant has photographs of the bathroom tile securely in
place on the last day he was at the customer’s home. The key is to consider what
evidence the plaintiff may present and what evidence you need to refute it.
2.
Prepare A Written Outline
A written outline is also helpful to a defendant as a way to avoid overlooking
something. Write down the plaintiff’s likely points which you believe to be
mistaken and what documents you have to prove it. Our contractor’s outline might
look something like this:
1.
2.
3.
4.
5.
6.
7.
Signed contract for new bathroom which provides
6 month warranty and opportunity to cure
Email from customer delaying start date
Email from customer complaining of small cracks in tile
“Cracks” mostly just natural variations (photos).
Appears customer may have walked on floor before grout
hardened and loosened some tiles.
Email to customer offering to replace all tiles
Emails from customer cancelling work
Calculation of cost to replace tiles and finish work
using original materials. $2500
Until you go through the exercise, you cannot identify the weaknesses in the
plaintiff’s case and prepare to exploit them.
12
D.
Appearing In Court
1.
Courtroom Decorum
The defendant’s table is on the right facing the judge’s bench. Rise when the judge
enters the room. The judge will give you the opportunity to make a brief opening
statement after the plaintiff.
Avoid interrupting the judge and your opponent when they are speaking. Maintain
your cool no matter what buttons your opponent tries to push.
2.
An Opening Statement
Begin with a concise statement about your case and keep it to a few sentences.
Our contractor’s concise opening statement might be:
Your Honor, the evidence will show the plaintiff is taking advantage of a
questionable defect in our work, which we agreed to correct, in order to
have us pay for upgraded materials and changes that were not in our
contract.
3.
Challenging The Plaintiff’s Case
a.
Objections
I discuss the “Hearsay Objection” in Section 3.b of the materials for the plaintiff in
this booklet. Read it and make it work for you too! If you do not object, the judge
may accept anything the plaintiff offers.
b.
Cross-Examination
The defendant’s best opportunity to win the case is on the cross-examination of
the plaintiff. If you cannot influence the judge’s opinion by attacking the
plaintiff’s evidence, you are less likely to influence it simply by presenting your
own. Therefore, it is critical to ask questions of the plaintiff about documents the
plaintiff chose not to include in evidence and get the plaintiff to admit facts he or
she did not make known to the judge. Call into question your opponent’s
truthfulness, recollection or both.
13
Think about questions you would like to ask the plaintiff and documents you want
to ask about and include them in your written outline. An example of your crossexamination might go something like this:
You: Mrs. Smith, didn’t I offer to replace all the tiles even
though I told you I thought any cracks occurred because
someone walked on the floor before the tile set?
Pltff: I don’t recall.
You: Do you recall receiving this email? That is your
email address?
Pltff: Yes, that is my email address, but I don’t recall the email.
You: Do you recall receiving the next three emails I sent to the same
email address giving you dates I could come out to
your house and fix the tile? You answered, didn’t you?
Pltff: Yes, it looks like I did write back.
You: And each time you told me it wasn’t convenient?
Pltff: Well, yes, I can’t remember each date, but I’m sure I
had things to do.
You: And you never wrote back with a date that was convenient,
did you?
With your questions and documents, you have demonstrated to the judge that (1)
it’s possible the cracked floor tile was the plaintiff’s fault to begin with, (2) you
made the effort to fix the problem anyway, and (3) the plaintiff is being
unreasonable by preventing you from fixing the tile and finishing the bathroom.
But effective cross-examination requires advance planning!
4.
Presenting Your Defense
If you have done an effective job with your cross-examination during the
plaintiff’s case and cast doubt on the plaintiff’s credibility, you have created in the
judge’s mind a more receptive attitude toward any evidence you will now present.
Now follow your outline and tie up any loose ends. Remember, you don’t have to
prove anything. You don’t have to offer any evidence if it isn’t helpful, and you
don’t need to offer evidence the judge has already accepted from the plaintiff.
In our contractor case, the contract is already in evidence. Our contractor will
certainly want to offer the emails between himself and the plaintiff regarding his
offer to repair the floor tile and attempts to complete the work. He will conclude
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with his testimony that he would have corrected any problems and finished the
work all for the $10,000 contract price, but the plaintiff prevented him from doing
so. Keep it simple.
Witnesses are not as essential to the defense since the defendant does not have the
burden of proof. However, an eyewitness who can clearly contradict the plaintiff’s
evidence may be crucial to your case. Read the section “A Word About
Witnesses” in the plaintiff’s materials. If you are able to have the witness come to
court, do so.
5.
A Closing Statement
If you didn’t get your point across in cross-examination of the plaintiff or your
direct case, you aren’t going to make it now. If you must say something, be brief.
E.
Filing An Appeal
If you lose, you must file an appeal with the county level court within thirty
days. In Pennsylvania, in particular, the appeal filing requires multiple copies to
be correctly filed with the county court, the district court, and the plaintiff. Do it
wrong and the appeal may be dismissed.
Now is the time to seriously consider a discussion with the plaintiff about a
settlement for less than the full value of the judgment. Be a good negotiator. The
plaintiff will risk the time and expense of further proceedings, also, as well as the
risk another judge might not see the case the same way. For small claims, it is
often in both the plaintiff’s and the defendant’s interest to resolve their dispute
before taking it to the county level court. Going further only pays for attorneys.
III. Summary
Representing yourself in court requires careful preparation and thinking through
your case well in advance of the hearing date. Assembling important documents
and photographs and organizing your thoughts in a well written outline will help
you stay focused in the courtroom and give you a significant advantage over an
unprepared opponent. An outline, an understanding of the hearsay objection, and
cross-examination are legal tools a non-attorney can learn to use effectively. A
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win in small claims court may end the dispute or at least make the losing party
more agreeable to a settlement.
Representing yourself in small claims court can be done successfully and can save
you time and money in the right case. Call us if we can help at (215) 493-8287 or
email [email protected] . We wish you a favorable verdict!
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For More Help
The following resources provide more information on representing yourself in
court:
www.judiciary.state.nj.us/prose . New Jersey Courts
www.buckscounty.org/civil (similar websites exist for each Pennsylvania county)
www.ujsportal.pacourts.us
Pennsylvania Courts
www.njconsumeraffairs.gov
www.fegleylaw.com
Our website. We are happy to help.
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Glossary
Breach
A party’s failure to conform to the terms of a contract or
agreement
Burden of proof The responsibility of the plaintiff to show that the defendant
was more likely than not responsible for his/her damages.
Counterclaim
A claim the defendant files against a plaintiff to recover money
Cross-examination The opportunity for one party to question the other
Default
Failure of a defendant to answer the complaint.
Defendant
The party being sued for damages.
Discovery
The ability of parties to gather information from the other side
about the case before the hearing by requesting answers to
written questions or production of documents. Generally,
discovery is not available in small claims cases.
District Courts
The lowest branch of the Pennsylvania judiciary that hears
small claims cases.
Hearsay
An oral or written statement made by someone who is not in
court to testify about it.
Impeach
Challenge the testimony of a witness or party to call into
question his/her truthfulness or proper recollection.
Plaintiff
The person suing to recover money damages for a loss.
Special Civil Part The branch of the New Jersey Judiciary that hears small claims
cases.
Subpoena
A document issued by a court that compels a witness to testify
or face fines and penalties for non-compliance.
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APPENDIX A
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APPENDIX B
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