In an attempt to keep our unusually motivated® readers informed about how diverse legal issues affect them and/or their businesses, this blog post is a discussion based on a key training video titled “Self Help Series – The Small Claims Experience in Essex County.” As usual, we feel obligated to share information and knowledge that would help you to smoothly navigate the legal process and save you money and time. As the title suggests, the video aims to provide pro se (wishing to represent oneself) plaintiffs, claimants, petitioners, or litigants with key tips needed should one decide to take a lawsuit on their own, particularly in small claims. Importantly, the video serves as a guide to how you should prepare and what you need to know, have, and do before filing a lawsuit in small claims courts.
By way of backdrop, we have shared information concerning “Small Claims Court” as part of the content we create every day. Notably, in our blog post titled “New York Small Claims Court 101,” we mentioned that while it has its own standard base of running things, a small claims court is a distinct segment of the court where an individual can bring claims and sue for money without an attorney. Another key thing we mentioned is that small-claims courts have done away with many of the formalities required by fancy-pants lawyers, such as hard evidence and the need to establish the factual basis, but that must be provided in courts that handle huge claims.
In connection with the information shared in that blog and the video it was created from, it is also important to stress that the small claims court is a reliable segment of the judicial system for anyone looking to get fast hearings, early judgments, and quick settlements in a relatively affordable, time-saving, and less complex process. Based on our experience, you should consider filing a lawsuit in small claims court, particularly if you are based in New Jersey, because it is far more effective than in New York.
That being said, let us boil down to it.
Small Claims Court Award Caps
Generally, the small claims court deals with claims worth an amount from $5,000 up to $20,000. You should see the initials “SC,” which stand for “Small Claims,” on your docket number, which is often provided by the court after your claim has been filed. It goes without saying that if your docket number says “DC,” then you should proceed to the District Court where you have a “DC” case, or to the Law Division “L” should your claim be worth more than $20,000.
Checking In
Given that you have already filed your claim and have your docket number with you, the first thing you do when you get to the small claims court is check in. If you are unsure where to proceed, enquire from the guard in the front where your room is, which is essentially where they do the court calendar calls.
Court Calendar Calls (First Call Out & Second Call Out)
Generally, the first calendar call typically happens 20 to 30 minutes after the court commences. You should check the date on your postcard because that is when the first calendar call comes. Once you are called in, you respond with whether you are ready or not or if you seek an adjournment, depending on how prepared you are with your lawsuit. Before you get a second calendar call, about 20 to 30 minutes after the first, you should ensure that all parties are present.
Mandatory Mediation
If the parties on either side show up, then you are immediately guided to a mediation room where you meet a mediator. However, if they do not show up, then that is considered “a default” and means trouble for you. Technically speaking, while their role is to facilitate and help resolve your case, mediators are specifically trained to get you to spend money and bring parties to some sort of agreement.
Having Everything in Print
Assuming you failed to arrive at some kind of agreement, you are guided back to the room where you meet a judge and present your case. Although the highest percentage of cases in these courts are never actually published, as noted in the blog mentioned earlier, every single piece of evidence must be presented in print, whether it is an image, a screenshot, or a photograph. Often, it is the discretion of the judge to watch or view any video(s) you have on your mobile phone or tablet. However, while all evidence must be credible, you may also bring witnesses to explain estimates, should discussion be required.
Room 241 (Post Hearing & Entry of Judgment)
Based on how you make your case and the evidence you provide, the judge will provide the determination of whether you won or lost right on the spot. After that, the prevailing party, whether the plaintiff, claimant, or defendant, is guided downstairs to Room 241 and gets the judgment entered, which is legally known as “Entry of Judgment.”
Entry of Judgment
Ideally, the entry of judgment serves as a precursor for everything else that follows in your lawsuit. In Room 214, the entry of judgment is mailed to all the necessary parties, usually to their physical mailing location. Once that is done, then the prevailing party can start taking steps to enforce the settlement or payment based on the judge’s determination.
In case you need further clarification regarding the information shared in the Video and this blog post, we are just a call or email away!
As we continue dropping knowledge bombs every day, stay tuned for more educational videos, inspiring training, & legal advice. As usual, stay tuned for more legal guidance, training, and education.
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Always rising above the bar,
Isaac T.,
Legal Writer, Author, and Publisher.
