Has anyone been to the small claims court ?

Somerset

Hello. Has anyone been and what was it like, what happened ?

I'm having to go next month. It's me claiming from someone else - not debt or bank charges related. But I'm kacking it, wish I'd never started. Anyway, if anyone else has been - what was it like, was it scary, awful, take a long time, was there a judge in a gown, anything really ? My mind is racing and I'm scared to death ( even though I think I'm in the right and think I stand a good chance of winning ). It's the IDEA of COURT - for whatever reason I'd rather boil my eyeballs. Can anyone share their experiences ? particularly nice ones appreciated :eek:

mpython

I've been 6 times in about 20 years (do I have bad luck or what?)

My first time I was very aprehensive (?) but I just said my piece, pointed to the evidence I had and won. And I've won every case since.

Its not like a court you might see on TV. Its more like a headmaster's office. Usually there is just you, or you and the other party. Only once did the other side have a lawyer - and even then I won.

The judge doesn't wear robes or wigs and will ask you both to explain your case. He/she will ask any clarifications they need and will then make a decision based on what's put before them.

The main advice I'd give is prepare properly (make sure you have all your papers & evidence to hand), speak clearly when asked, don't be rude or raise your voice. If the case is clear cut, odds are the other side won't even turn up.

Good luck.

dmg24

Spot on mpython.

The judge will take into account that you may be nervous, and if the other side does bring a solicitor, the judge will ensure they do not bully or intimidate you, and that you get as much chance to speak as you need.

Good luck! x

hev_2

For my sins I worked there many years ago - worse than when I worked at McDonalds.

If you've watched stuff on telly, you will probably find it a bit of an anticlimax. You will have to wait for ages, be ushered into a small room which is the opposite of dramatic and the judge will want to get the matter heard as quickly as possible.

Write down everything and have it clearly set out so you are not shuffling through papers. Keep calm. If you are not sure of anything or you are feeling bullied, speak to the judge. My experience is that they are actually nice people and they are reasonable human beings. Don't try and use legal terms you don't feel confident about - say everything in plain English and if you don't understand a phrase or word then ask. The other side might tut to put you off, but the judge will have no problem with sensible questions.

If you are really stressed, pop in a day or two before hand and ask where you will be waiting for the hearing. You will see that it is pretty drab. If you have a good relationship with the court staff, ask them what to expect. They will know about your case (or be able to look it up) and will tell you roughly where you will be and how the judge will be dressed.

Go to the loo before the hearing - just in case.

It's so long since I was there that I can't offer anything specific, but when it comes to the court and the staff there - they don't have time to make it scary. There is a good chance you will be wearing a better suit than the judge.

Good luck

Milex

Somerset wrote: »

Hello. Has anyone been and what was it like, what happened ?

I'm having to go next month. It's me claiming from someone else - not debt or bank charges related. But I'm kacking it, wish I'd never started. Anyway, if anyone else has been - what was it like, was it scary, awful, take a long time, was there a judge in a gown, anything really ? My mind is racing and I'm scared to death ( even though I think I'm in the right and think I stand a good chance of winning ). It's the IDEA of COURT - for whatever reason I'd rather boil my eyeballs. Can anyone share their experiences ? particularly nice ones appreciated :eek:

I agree with the OPs that you've really nothing to be scared about, and it's not like a TV drama. The case is heard in an ordinary office in the court building. There are no fancy robes, wigs etc. If you can, visit the court for a day to see how things work, which should remove any butterflies about procedures etc. The court staff are usually helpful and will have lots of leaflets & other information to browse through; ask for leaflet EX342 "Coming to a court hearing?". Before you go, visit the Court Service website for small claims guidance. You and/or the defendant should already have been asked to estimate the time needed for the hearing (or been given one) - allow at least an hour extra for delays & over-runs.

I'd endorse hev's advice. The most important thing is to prepare properly: read all the documents relating to the case, at least twice. Make two files or folders of documents that you want to rely on to support your case - one each for the judge and the defendant (you use the originals). You should also take any other relevant documents, in case something comes up that you hadn't foreseen. Note down all the points that you want to make. The judge will expect you to show that you've made a reasonable effort to settle the matter, so include copies of letters & emails and notes of phone calls trying to sort it out. Type out a chronological log of relevant events to make it easy for the judge to follow the story - s/he'll like that - and an index page for the files. Take a notepad & pen with you.

On the day of the hearing, get to court in good time. Tell the usher your name and claim number and check which room you'll be in. Wander around to get used to being in the building - you'll feel more relaxed, comfortable & confident.

When your case is called, walk in calmly and ask the usher (or judge, if s/he's there already) where to sit. Everyone sits around a table with the judge at one end. Firstly the claimant says their piece, then the defendant. The judge will ask questions to clarify or explain anything that's been said. When it's your turn to speak, tell your story slowly and clearly so the judge can take notes - and stick to the facts! Listen carefully to the defendant's argument and what the judge says, and note down any important points and anything you disagree with or want to challenge. Remember that although the judge will probably treat you sympathetically, it's still up to you as the claimant to make your case. Don't rely on the judge having studied the case papers - they usually do, but s/he could have other pressures or there might be a change of judge.

If/when you win, in the euphoria & relief it's easy to forget to ask the judge for costs (mainly attendance expenses such as mileage & parking or fares). Ask the court office to check them or help you to work them out beforehand. Your claim should already include interest at 8% p.a. from when the defendant could have paid the amount claimed - see leaflet EX302.

demented_2

Milex wrote: »

I agree with the OPs that you've really nothing to be scared about, and it's not like a TV drama. The case is heard in an ordinary office in the court building. There are no fancy robes, wigs etc. If you can, visit the court for a day to see how things work, which should remove any butterflies about procedures etc. The court staff are usually helpful and will have lots of leaflets & other information to browse through; ask for leaflet EX342 "Coming to a court hearing?". Before you go, visit the Court Service website for small claims guidance. You and/or the defendant should already have been asked to estimate the time needed for the hearing (or been given one) - allow at least an hour extra for delays & over-runs.

I'd endorse hev's advice. The most important thing is to prepare properly: read all the documents relating to the case, at least twice. Make two files or folders of documents that you want to rely on to support your case - one each for the judge and the defendant (you use the originals). You should also take any other relevant documents, in case something comes up that you hadn't foreseen. Note down all the points that you want to make. The judge will expect you to show that you've made a reasonable effort to settle the matter, so include copies of letters & emails and notes of phone calls trying to sort it out. Type out a chronological log of relevant events to make it easy for the judge to follow the story - s/he'll like that - and an index page for the files. Take a notepad & pen with you.

On the day of the hearing, get to court in good time. Tell the usher your name and claim number and check which room you'll be in. Wander around to get used to being in the building - you'll feel more relaxed, comfortable & confident.

When your case is called, walk in calmly and ask the usher (or judge, if s/he's there already) where to sit. Everyone sits around a table with the judge at one end. Firstly the claimant says their piece, then the defendant. The judge will ask questions to clarify or explain anything that's been said. When it's your turn to speak, tell your story slowly and clearly so the judge can take notes - and stick to the facts! Listen carefully to the defendant's argument and what the judge says, and note down any important points and anything you disagree with or want to challenge. Remember that although the judge will probably treat you sympathetically, it's still up to you as the claimant to make your case. Don't rely on the judge having studied the case papers - they usually do, but s/he could have other pressures or there might be a change of judge.

If/when you win, in the euphoria & relief it's easy to forget to ask the judge for costs (mainly attendance expenses such as mileage & parking or fares). Ask the court office to check them or help you to work them out beforehand. Your claim should already include interest at 8% p.a. from when the defendant could have paid the amount claimed - see leaflet EX302.

Hi, this is spot on. I work at a combined court as an usher in both criminal and civil court cases. I would think that your hearing would be before a District Judge as its for a small claim, The judge will be addressed as Sir if its a man or Ma'm if its a lady, they will not be wearing gowns, if its before a circuit judge, then they will be gowned up, but as i said, it probably will be before a D.J. Are you representing your self? or have you got a solicitor to speak for you? If your representing your self, tell the usher that your In person. Get there long before you need to, although you might have quite a long wait. Our cases are listed for 10.00 and although yours might be listed for 10.00 and say that yours is 3rd or 4th on the list, the hearings before you might over run, hence the delay in going into court. Also if you find that your going to be late getting to court for your hearing, do phone the court and tell them. The switch board operator will then either put you through to the usher or will pass your message on to them, either way the judge will be informed and then he or she might decide to wait for you before your case being called on. They would rather do that than have the hearing with only 1 side there, make a order and then 2hrs later you turn up demanding to see the judge about the outcome. They tend not to be Happy Bunnies if that happen. If you need anymore help, get back to me. Just interested which court is your case being heard at?

Somerset

demented wrote: »

Are you representing your self? or have you got a solicitor to speak for you? ........... Just interested which court is your case being heard at?

I've got a solicitor ( via household legal insurance ). I think the other side have too, at least their solicitor has been in the frame lately.

I'm quite happy to p.m. you the Court, but not saying on here.

demented_2

OK you can pm me if you like. As your represented, your solicitor would speak for you instead, so when you get to the court and if your solicitors isn't there yet, just let the usher know that you have arrived and that you are being represented by a solicitor, if the solicitor has already arrived and signed in, as we call it, the usher should tell you where your solicitor is, or maybe even call out for them, to come to see you, if you can follow me. I work in Oxford, and thats the way we do it there. Good luck and pm me if you want any more advice.

chuckles1066

Somerset wrote: »

Hello. Has anyone been and what was it like, what happened ?

I'm having to go next month. It's me claiming from someone else - not debt or bank charges related. But I'm kacking it, wish I'd never started. Anyway, if anyone else has been - what was it like, was it scary, awful, take a long time, was there a judge in a gown, anything really ? My mind is racing and I'm scared to death ( even though I think I'm in the right and think I stand a good chance of winning ). It's the IDEA of COURT - for whatever reason I'd rather boil my eyeballs. Can anyone share their experiences ? particularly nice ones appreciated :eek:

I appeared as a LIP (i.e I didn't bother with a solicitor). The opposition (a major UK tour operator) used a third party specialist solicitor and they sent their senior partner. So they meant business.

First of all, the Small Claims Track isn't like "court".......the District Judge's chamber is simply a room; the DJ sits one side, you and the opposition sit the other side......there are no wigs, gowns or fancy clothes although you should certainly turn up smartly dressed.

Wait for the DJ to tell you to sit down and ensure you address him as "Sir".

The DJ will be very helpful; he will explain at each stage of proceedings what is happening and what is required of you.

Don't be intimidated; it's a great experience

Milex

Somerset wrote: »

I've got a solicitor ( via household legal insurance ). I think the other side have too, at least their solicitor has been in the frame lately.

I'm quite happy to p.m. you the Court, but not saying on here.

I'll go along with all of demented's and chuckles1066's comments - I'm not court staff, just someone who's sued successfully. I agree you should dress smartly, and be polite and pleasant. The judge & lawyers will probably wear ordinary business clothes. Address the judge; don't speak directly to the defendant unless the judge asks you to or gives permission.

Obviously, as you have a solicitor some of what I said before doesn't apply, as all the preparation and presentation work has/will/should have been done by him/her. S/he should explain what will happen and try to put you at your ease. However, some words of caution: your solicitor will be a fairly busy person and won't have spent much time on your case (small claims cases pay very badly and often the costs awarded don't cover the fees, so legal firms sometimes use junior & inexperienced personnel as they're much cheaper!). This means that you will be the expert on your case. You will have lived with it and studied it until you know it backwards; by comparison your solicitor might have spent as little as 1/2 hour looking at the documents and thinking about it. So, ask him/her to go over the proposed plan of action and make sure s/he's got all the facts right. Don't be afraid to point out something s/he hasn't mentioned but which you think is important. You should also take a file of all relevant documents in case your solicitor doesn't have them (it happens - as I know well!).

Another point, if you visit a court beforehand ask the usher if you can sit in on a couple of cases, to get a feel for procedures and see how the judge manages things.

HTH and the best o'luck.