Six steps to consumer satisfaction
Clark Howard, WSB-TV consumer adviser
Part I: Six steps to consumer satisfaction
"The magistrate court of Cobb County is now in session," the bailiff announces.
On this night, Judge William Brewer has over 60 small claims cases on his docket. But before this can be a courtroom, this must be a classroom. And the judge is the teacher.
"If you do have any questions of the cross examination, please put them in the form of a question," Brewer says to the courtroom. "Do not argue with them."
Judge Brewer wrote the book on winning in small claims court, literally!
"One of the reasons I wrote the book is really because of all the cases I've seen come through where people had very good cases, and very good claims, but they really didn't know how to present it before a judge," Brewer says.
Basically what you're doing is presenting a story for the judge. It's very much like giving a sales presentation, what you do is tell the judge what happened, what you think you are entitled to recover and how you got to that figure.
For instance, one plaintiff who appeared before Judge Brewer was stuck with three useless checks. The judge found for the plaintiff.
"So your honor, a question?" the plaintiff says. "What do I do with a judgment and three bad checks?"
Brewer says when you win a judgment - a piece of paper that says you have been victorious - you have the opportunity to go out and collect it.
Clark says this is the biggest misconception about small claims court. You - not the court - must go and get the money you are owed.
Here are some guidelines to remember about small claims court:
In Georgia, you can sue for up to 15,000 thousand dollars.
- You don't need an attorney.
- You have to sue in the county where the problem occurred.
- It will cost you between $50 and $100 to file a lawsuit
Carl Weaver has small claims court experience. He recently won a judgment against a car dealer for $1500. He thinks $50 to $100 is in anyone's budget.
"I was excited," he says. "I won another case."
But Carl's victory is bittersweet. He hasn't seen a dime.
"The judge said to them before they stormed out of the courtroom that they had 10 days or file an appeal, so what did they do? Filed an appeal," Weaver says.
Brewer says anyone has the right to appeal your case, and appeals from this court sent to the state or superior court for a new trial.
Carl waits for his new trial, and he's fully confident he'll win.
"It's a process that is there for you," Weaver says. "You need to be able to fight for your rights."
One thing to remember: before you ever get in the witness box, most judges are going to make you sit down for mediation with your opponent. This is where a third party tries to help you come to some agreement and avoid court all together.
Sometimes that's your best option. But you can do your own bit of mediation. Before you go to court, send the other party a certified letter detailing what you want and what you are suing them for. This last ditch effort often works.
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