"Ask the Judge" Column continues in La Prensa of SA, 4-1
Ask the Judge: Still More on Small Claims Court
By Judge Steve Walker
Over a year ago I wrote about how most people never experience the inside of a Justice of the Peace courtroom in their entire lifetime. From my experience as a Justice of the Peace, I realize, there are those other than lawyers, spending way too much time in a courtroom as a defendant or as a plaintiff.
In a three part series about Judge Judy I reminded people in my court, especially on the Small Claims docket, that they are not allowed to yell, cuss or accuse the other side of being a liar, thief, or cheat. I also remind them not to talk about the opponent’s mama!!!
Two weeks ago, one of the local news stations did a two and a half minute story on my Small Claims docket and compared my court, not surprisingly, to the courtroom of Reality Show host “Judge Judy.” They even used some video from the TV show to emphasize the comparison, using some verbal rants by Judge Judy to the participants on the show.
Much of what I have written about was featured on the news story.
Although flattered by the comparison, unlike Judge Judy, as previously stated, I am not able to go on a tirade on the defendants and plaintiffs unless I wish to be removed from office.
The cases highlighted in the news story related to towing cases which I have previously covered as topics as well. In the number of towing cases I have presided over, I can only remember two or three defendants winning their cases. In those cases that the defendant prevailed, they had extensive documentation to support their allegations.
As a reminder, in Small Claims a plaintiff can sue the defendant from one dollar up to, but not to exceed a 10-thousand dollar cap.
By law if the suit exceeds 10-thousand dollars it is heard in a higher court. Let me reiterate that when a plaintiff is making his/her case as to why the defendant owes them money, they must stick to the facts and produce that documentation we have written about to back up their claim. Ironically the defendant doesn’t even have to speak if they choose unless examined by the plaintiff’s attorney, if there is one.
It cannot be emphasized enough that, He said, She said is not sufficient. Also when the plaintiff quotes a figure, he/she must itemize and justify the amount in the suit.
Unfortunately in the Small Claims Court unfortunately emotions and tempers are short and it is the one docket that heated words tend to be readily exchanged as exemplified on Judge Judy.
When one side has a lawyer and the other side chooses to do their own case, the person without legal representation is always at a severe disadvantage. In the past I have used the example that it is like fighting someone with one hand behind your back. But, whatever you do, don’t panic, be prepared.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
Over a year ago I wrote about how most people never experience the inside of a Justice of the Peace courtroom in their entire lifetime. From my experience as a Justice of the Peace, I realize, there are those other than lawyers, spending way too much time in a courtroom as a defendant or as a plaintiff.
In a three part series about Judge Judy I reminded people in my court, especially on the Small Claims docket, that they are not allowed to yell, cuss or accuse the other side of being a liar, thief, or cheat. I also remind them not to talk about the opponent’s mama!!!
Two weeks ago, one of the local news stations did a two and a half minute story on my Small Claims docket and compared my court, not surprisingly, to the courtroom of Reality Show host “Judge Judy.” They even used some video from the TV show to emphasize the comparison, using some verbal rants by Judge Judy to the participants on the show.
Much of what I have written about was featured on the news story.
Although flattered by the comparison, unlike Judge Judy, as previously stated, I am not able to go on a tirade on the defendants and plaintiffs unless I wish to be removed from office.
The cases highlighted in the news story related to towing cases which I have previously covered as topics as well. In the number of towing cases I have presided over, I can only remember two or three defendants winning their cases. In those cases that the defendant prevailed, they had extensive documentation to support their allegations.
As a reminder, in Small Claims a plaintiff can sue the defendant from one dollar up to, but not to exceed a 10-thousand dollar cap.
By law if the suit exceeds 10-thousand dollars it is heard in a higher court. Let me reiterate that when a plaintiff is making his/her case as to why the defendant owes them money, they must stick to the facts and produce that documentation we have written about to back up their claim. Ironically the defendant doesn’t even have to speak if they choose unless examined by the plaintiff’s attorney, if there is one.
It cannot be emphasized enough that, He said, She said is not sufficient. Also when the plaintiff quotes a figure, he/she must itemize and justify the amount in the suit.
Unfortunately in the Small Claims Court unfortunately emotions and tempers are short and it is the one docket that heated words tend to be readily exchanged as exemplified on Judge Judy.
When one side has a lawyer and the other side chooses to do their own case, the person without legal representation is always at a severe disadvantage. In the past I have used the example that it is like fighting someone with one hand behind your back. But, whatever you do, don’t panic, be prepared.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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