Anyone been to small claims court in Hennepin county? I have to take somebody(can’t say who any longer, slander you know) to court and I’m hoping to get some advice. What to expect? Pitfalls?? Do’s/Don’ts???
Thanks!!
John
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Anyone been to small claims court in Hennepin county? I have to take somebody(can’t say who any longer, slander you know) to court and I’m hoping to get some advice. What to expect? Pitfalls?? Do’s/Don’ts???
Thanks!!
John
In my few experiances with small claims…(not in the Metro area)..If it isn’t written down…it didn’t happen…Unless you have an eye witness.
Good Luck!
And even if it’s written down, you will have a hell of a time getting anything outta the guy, person!
Like Hooks said, you might not get paid but you can get a judgement slapped on thier credit report.
I am not an attorney or an expert, but I have some limited experience in this area.
– when you file, you must state the amount of your claim, but you don’t have to prove it until the hearing. You may want to add something for your time and expenses to pursue the claim, and the judge can decide how much, if any, to include.
– the court clerks will automatically add the filing fee to your claim.
– if the other person does not show up, you win atomatically. I think its always for the full claim amount, but I am not sure.
– prepare 3 copies of all your documentation; you will give one set to the judge and one to the other party. The judge may (will?) set a rule that no documentation can be added once testimony begins.
– make the documentation real quick and easy to read, possibly with a table of contents to find detail items such as contracts, receipts, photos, etc.
– the judge will flip through the documentation as you present your case. Even if he says otherwise, you must assume that he will NOT look at it after the hearing. He will write down his decision before you make it out the door. So don’t waste your time writing a long narrative, and don’t skip verbally stating key facts thinking he will read them later.
– try to anticipate any lies the other party may state. Think of comments they’ve made to you on the matter. Include your proof/rebuttals in your documentation.
– include in your documentation a log of all the calls/contacts to resolve the matter with the other party. Create it now from memory if you have too. Note date, time of day, who initiated, what was discussed and results.
– in the hearing, be very polite and respectful of the judge and the other party. No angry outbursts, name calling, etc.
– the judge may suggest a compromise settlement and ask for your response. Try to anticipate what he might suggest and how you will respond.
– practice what you want to say so you can be complete but concise. The judge may tune you out if you get too long winded and/or get off on tangents.
Hope this helps.
some very good information has already been given. I represent our company ever time that we go to court. NEVER BE LATE, and shut off your cell phone–lesson learned from first attempt. Documentation is the most important part of the system. IF it is not written it did not happen. A couple of other things to know—medation is required(will happen at the check in process)–if it can not be solved there than you will go to the judge. If the other person does not show than the judgement is for you for the full amount of the suit. Prepare to spend most of the day there, the cases can take awhile. Lastly just because you win does not mean that you get paid. You need to file with the county and in some instances with the county where the transaction took place to file the judgement. IF the person has a house you will want to talk with a lawyer and geta lein against their house so they can do nothing with there house until the judgement is satisfied ( selling, refi, etc.) Hope all works out well for you
terry Simcox
When you go to file, the person you meet with is quite rigid and you need all the information. Then when you do go to court, don’t expect a debate. Have your facts in order. I’d have an attorney prepare them for you. I went to Hennepin court a few years ago , over my condo towing my car from my driveway. I lost the case due to not having been prepared. It is a hostile court (IMHO). You will need very ,very good documentation that you have tried to recover any losses. Certified letters, or demands for payment. YOu need to prove that you gave the other person more oppertunity to make it right, then they gave you.
I know how you feel Kooty and I wish you luck. Lots of good advice given so far. In my case the judge ruled in my favor but the business filed bankruptcy and I never saw my $1200. And now the former owner is involved in local gov’t. I’d love to speak my mind but my mouth gets me in trouble..
I’m mad just thinking about it and it was over 10 years ago. I always wanted to get a sprayer full of Roundup and write PAY ME in his front lawn.
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