Sunday, June 29, 2008

Small Claims Court Judgment Is Only Half The Battle


Many small claims court litigants think that they will "have their day in court" and upon success at trial, they will get their money.
Wrong!
The small claims court trial is designed to provide the small claims court litigant with a rendered decision. True, many Defendants will pay up after they are found liable in the small claims court. But many Defendants won't.
Then what?
Well that means that the successful litigant has to take the next step towards getting paid...Enforcement. Yes, enforcement represents more court hurdles and time and expenses and no guarantees. But faced with getting paid or not, what choice does the successful small claims court claimant have? Not much. So, before you go to court thinking all you have to do is be a good arguer and win in court, think again. Obtaining judgment is only half the battle!
What is enforcement? Stay tuned...
© Access Professional Directories Inc. and http://www.MrSmallClaimsCourt.com/
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For more information, visit http://www.MrSmallClaimsCourt.com/

Tuesday, June 17, 2008

Some Stuff To Avoid When Litigating in the Ontario Small Claims Court

Here are just a few No Nos for the Ontario Small Claims Court:

1) Coming to court ill-prepared - Countless times, we have seen parties come unprepared, unfamiliar with what has transpired with the court action, without the necessary documents, etc. and it's very hurtful for a party's small claims court case.

2) Coming Late To Court - Nothing bothers a judge more than having to wait for a litigant to arrive to court. Sometimes, a judge won't wait, and I've even seen small claims court actions dismissed due to tardiness.

3) Trying to talk over the judge - Let the Judge say what he or she wants. You will get your chance to speak.

4) Arguing with the other party - you are there to talk to the judge, not the other party. It's childish, so stop it.

5) Getting too emotional - Stay calm, and don't act as if your case is the only thing that matters in the world because the judge doesn't see it that way.

6) Forgetting to Ask for costs in a successful hearing - it kills me to watch successful parties walk away without seeking costs of attendance, preparation, etc.

7) Leaving the cell phone on - One cell phone ring, and you can cause the judge to dislike you.

Although the above may seem petty, you would be surprised what can make or break your case in the small claims court, and ensuring that you avoid these common mistakes in the small claims court can bring you that much closer to winning in the small claims court.

© Access Professional Directories Inc. and http://www.MrSmallClaimsCourt.com/

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For more information, visit http://www.MrSmallClaimsCourt.com/