Before You Sue … (5th in a series)

Before you sue in Small Claims Court: PREPARE, PREPARE, PREPARE.

9.   What facts and evidence do you need to prove?

10.  What are the strengths and weaknesses in your case?

11.   How much are you willing to pay in time and/or legal costs?

Click here Before You Sue … (Checklist) to download a basic checklist of what you might need.

9.            What facts and evidence do you need to prove?

In court you have to prove:

  • that the other person committed an act or neglected to perform an act; and
  • the amount of the damages you suffered or lost; damages are proven by giving oral testimony under oath in court; documentation such as business invoices; written contracts; receipts for payments, etc.

 

10.         What are the strengths and weaknesses in your case?

View your case as objectively as possible.  Look for the strengths as well as the weaknesses of your case.  If you don’t, your opponent certainly will!

 

11.         How much are you willing to pay in time and/or legal costs?

There is no set time on how long it takes to conclude a law suit. Although most actions are resolved out of court or before legal action is started, many actions go the full distance to the trial stage.

Obviously, then, the longer the action lasts, the more expensive it may become. Throughout the process you will be required to pay legal costs BEFORE the court reaches a decision. These costs may include court filing fees, representation fees to a lawyer or paralegal for legal research, preparation of legal documents and court appearances.

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