Re: Would I have a chance in small claims court?

Posted by John T Country Lawyer on October 31, 2007 at 06:24:25 from (66.244.83.147):

In Reply to: Would I have a chance in small claims court? posted by JRT on October 30, 2007 at 22:29:24:

JRT, Sure you have a chance, but based on my experience as an Attorney and since youre going up against a company that has a "deep pocket" and will most likely be well represented and have competent mechanics to do a good job of testifying, I wouldnt bet too much on your side, sorry.

Heres the deal, if its in Small Clains it helps your side because its more informal with somewhat relaxed rules of evidence and procedure whereby their having a good lawyer may not help all that much. One thing which could BUT IT PRIMARILY DEPENDS ON THE JUDGE, is if he or she were sympathetic to your cause, if you get say a Judge who has some practical mechanical lifes experience with poor mechanics or shoddy workmanship or even farmed some (I doubt that lol) it could help you, but I dont see that as any great hope actually.

HERES YOUR BIGGEST PROBLEM. Even if you found a sympathetic Judge, he or she must still abide by the law AND IN A CIVIL CASE YOU AS THE PLAINTIFF TO PREVAIL HAS THE BURDEN OF PROOF AND CAN ONLY WIN BY THE PREPONDERANCE OF THE EVIDENCE BEING IN YOUR FAVOR. That means if you or you can qualify someone as an "expert" (Can you get someone to testify on your behalf under oath and does he qualify as an expert????) and say one thing and the other side using competent testimony (their expert etc) say something just the opposite, and even if the evidence were 50% in your favor YOU LOOSE !!!!!!!!!!!! Having the Burden of Proof to prevail means your evidence must outweigh (51%) NOT JUST BE EQUAL TO THE CONTRARY evidence presented by the defendant, therefore, if you say it was their fault yet they say it wasnt, you would loose. However, thats tempered to some degree by whats called "weight of the evidence" standard i.e. if someone who testified dont know beans about the subject his testimonty doesnt count as much as someone else who does. Such a person wouldnt really be competent to testify in the first place.......

I dont see your case as one for other then Small Claims due to the great expense and the economics reality plus absent any contractual language to the contrary, you would still have to pay your own legal fees even if you win. BESIDES just what are your damages and can you establish them with any degeree of credible accuracy??????? Often in Small Claims the Judge will ask the Plaintiff, "What relief are you asking for" (what you want me to do) and can you establish what damages you suffered????

To prevail you first have the burden of proof by a preponderance of the evidence and then you cant just make up what damages youre entitled to, you have to establish them to the Judges satisfaction also grrrrrrrrrrr

Dont let this discourage you from trying, its your call despite what myself an attorney or lay people here or elsewhere may have as opinions, get the right Judge n you may stand a chance !!!!!!! If its worth $90 to you just for satisfaction and provided its NOT a false or frivoulous claim, go for it if you like.

Best Wishes

John T Nordhoff, Retired Electrical Engineer now an Attorney in Indiana

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