Whenever I need help from a lawyer, I always ask the same question first: “What should I do?”.
The metaphor to use is death by a thousand paper cuts. For instance, your car is towed and impounded because you were caught speeding in it and simplicity uf law. You’re not going to win this one and you don’t want to spend thousands of dollars on an attorney with no chance of winning either. You’ll always want to keep your damages to the absolute minimum.
The good news is there are ten laws, so let’s see how we can use these to our advantage.
#1 Know the Process
Knowledge and preparation are two of the most important things you can do when you need to get a lawyer. There are very simple cases where this is all you need, but there are also some complicated ones where knowledge and preparation matter a great deal. Even if you think you’ll have a very complex case, I tend to advise that you become familiar with the process of the court.
Some of these strategies are only useful when dealing with certain courts. For instance, in living issues and family law cases, it’s necessary to know how to proceed with a contested divorce before you even enter into one. When your case is uncontested however, you can use some of these strategies to negotiate with your ex.
#2 Get Help from Your Local Bar Association
This is another simple way to gain support from other lawyers who can help you prepare for court or maybe even provide expert opinion on certain evidence. There are also a lot of legal guides you can use to prepare for your case. These are pretty important for complex cases, as you’re going to want to know the ins and outs of how to best represent yourself.
Elder law cases also involve court-appointed lawyers who help handle the specifics of these cases. There are no public defenders per se, but if you don’t have much money, they may be willing to help you with a very small retainer fee. It is often better to use their services in this case because there may be evidence that needs more research than what is possible on your own.
#3 File a Petition
There are a lot of cases where you might want to file something just to get the attention of the court. This is especially true if you’re dealing with a contested divorce or you need to ask for an emergency hearing regarding custody or support.
You can also use this for tax-related cases, but I have found that most people like to use tax attorneys for this. These same lawyers charge less if your case is open and shut, so it’s best to read over all the evidence first before going into court. If you don’t have time for that, then just make sure that you properly request an extension from the IRS in order to get more time on your audits.
#4 Hire a Lawyer
There are times when even the simplest case will require hiring a lawyer to help you. This is especially true if your case is complex or you have to deal with someone who has multiple lawyers. Keep in mind that some of these strategies are useful if you don’t have much money, but it’s also important to remember that they can be useful if you only want to buy your time.
One huge mistake that people make is being afraid of lawyers and trying to “save money” by doing it all themselves simply because they don’t want a lawyer involved. This could be a costly mistake. Once you get into a complex case however, you’ll need to have someone on your side who can actually go to court and present evidence.
#5 Get Excellent Evidence
The best advice I ever got was to make sure I had “excellent evidence”. There are different ways that this can be achieved, but it is often necessary to bring in outside experts and witnesses to testify on your behalf. For example, if you’re suing someone for damages after an accident then there are certain kinds of experts who can testify as to the costs you incurred because of those injuries or damages.
If your case is in small claims court then you can use any kind of evidence you want. This might include a witness statement, photographs, photographs, or even a police record. If this is too much for you to take care of on your own, then it’s best to use something like LegalZoom who helps with a lot of these things for you.
The more “excellent evidence” you have, the better your chances are of winning your case. You should always be aware that there are certain exceptions to this kind of thing though and maybe even be prepared to contradict those statements or opinions.
#6 Get a Forensics Expert
If you’re dealing with injuries as a result of an accident, it’s also very important to hire a forensic expert to examine the scene of the accident. If you already have one on your side, then this shouldn’t be so hard.
Most states do not allow these experts to charge large sums of money for their services, so I would suggest looking them up and seeing what kind of deal they can offer you. You may be able to get by without hiring one for small cases like for example speeding tickets, but if you find yourself in a serious or complex case then it is necessary to hire the very best in forensics if possible.
#7 Know Your Rights
There are two different kinds of rights that you should remember. First, you have your constitutional rights, which give you certain protections. These are useful in a variety of ways. For example, if the court doesn’t follow “due process” rules then your case can be thrown out and your money returned to you.
Getting Your Money Back in Three Months or Less!
The second is called a “statutory right” and it applies to specific cases. In order for someone to sue you for damages, they have to have a similar statute against them that applies to cases like yours. For example, if you are hit by a car and you don’t have insurance then this is covered under the laws in most states.
Asking the court to allow an exception to their rules can be difficult since it can affect their finances. If this is the case however, then you may have to ask for an extended amount of time before they should grant your request. If they ask why this needs to be done, then make sure to provide them with some sort of evidence as well.
#8 Use Expert Witnesses
It’s also sometimes necessary to call in expert witnesses as well. This is especially true if you’re dealing with something like a medical malpractice case. These kinds of cases can be very complex and require a lot of research to prove that the doctor did something wrong or acted in an inappropriate way.
These kinds of cases are very rarely about money, but it’s sometimes necessary to point this out to the court as well. If you’re dealing with someone who is just trying to get money from you because you got hurt in an accident, then your case will be much easier since the court will automatically make payments according to “just damages”.
#9 File Your Case
Finally, it’s probably necessary to file your case with the court. Some states have a filing fee for this and others don’t. You should always know what kind of paperwork you need to fill out, how much time it will take, and how much it will cost you to file the case.
If your case is complex or lengthy, then it could eventually get thrown out of court if you don’t file in a timely fashion. This is especially true when someone has filed a “temporary restraining order” against you which could stop them from getting any money at all. You should also always make sure that you file the case within the “statute of limitations”.
#10 Serve Your Papers
If you have to serve papers for any reason, then you should always follow strict guidelines concerning this. For example, it is best to serve papers in person so that they can actually be handed over to your opponent. This might sound kind of simple, but it’s actually quite hard to do if they are being evasive or if they don’t want to accept your papers.
If you’re having trouble trying to find your opponent, then this post from the National Center for Access to Justice might help.
Also, it is possible that the court will hold your papers until everyone you need to get in touch with has a chance to respond to them. You always want to give them a reasonable amount of time for this, especially if you are waiting for a response concerning legal documents.
Conclusion of the article:
As you can see, it is not easy to win a case against someone in small claims court. There are many factors to consider as well as various options that may help in your case. It is also possible that what you’re suing for and what you can actually win will be different from what happens in the movies.
