Whenever one of my clients tells me weโre being sued in small claims court, I tell them this is great news.
Small claims court punishes plantiffs โ the people who bring the suit. If they lose at the small claims level, their right to appeal is gone. If they try to bring suit in limited civil court, alleging the small claims court trial was mishandled, itโs defeated with res ajudicata, a principle that lets the plaintiff know theyโve already had a bite at the apple โ theyโve had their shot.
What I care about for my clients is the right to appeal โ thatโs where you win or lose. I could care less about the initial small claims court hearing. Win, lose, or draw โ I want to get my client to an appeal. If you file in small claims, you canโt appeal โ but if youโre a defendant, you have a right to appeal.
In an appeal, thatโs where you bring in the legal doctrine to defeat your opponent. Weโre talking statutes, legislation, contractual obligations, theories of unjust enrichment, estoppel theory, and everything else under the sun.
Youโre allowed to bring an attorney to an appeal. Youโre also allowed to file a brief โ a motion of points and authorities โ basically a memo telling the judge why the case should be decided in your favor.
Small claims court is decidedly informal โ no attorneys allowed. Because of this, rules are generally broken in favor of โsplitting the babyโ โ which usually results in some sort of financial liability for the shop or tech. Itโs really a glorified ADR (alternative dispute resolution) hearing โ not a court of law. The judge doesnโt really apply the law correctly, as heโs usually a commissioner, a practicing attorney filling in, resulting in misapplication.
What you want is a court of law โ you want to be in front of a judge โ you want to file a brief โ you want the judge to know why youโre right.
Any lawyer worth his salt will tell you the trial is won or lost on the written brief.
Who cares if you lose at the small claims hearing โ an appeal is where small claims court plaintiffs get slaughtered.