What to Expect at Your Small Claims Hearing

Some courts ask both sides to attend a meeting called "mediation" before the hearing. 

Mediation is a court-sponsored meeting with a neutral, professional mediator. The mediator will talk to both sides to see if they can help you reach an agreement without a court hearing. 

In some courts, mediation is encouraged but optional. In other courts, it is a required step before the hearing. 

If you reach an agreement during mediation, it will be enforceable. That means either side can come back to court if the agreement is not followed.

If mediation is unsuccessful, the case will go to a hearing.

For more detailed information on getting ready for court generally, go here to read our article How to Prepare for a Court Hearing or Trial. 

Organize your case: Take some time to write out what you want to say. Focus on your strongest points and prepare a clear explanation of what happened, when it happened, and why it’s important to your case. If your case is complicated, consider giving the judge a written summary.

Gather strong evidence: Judges decide cases based only on what is said in court and any proof ("evidence") they are given. Useful things that can help prove your case include:

• Documents like receipts, invoices, and contracts.
• Photos, including photos of damage to property that is part of the claim.
• Diagrams or images that help visualize something that happened.
• Messages, letters, printed-out emails.
• Copies of bounced checks or any other records that support your side. 

Your testimony is important, but it's stronger when backed up by proof. Make sure to bring extra copies of anything you want to present and give those to the judge and the other side in the case.

Prepare witnesses: If someone witnessed key events or is an expert in something important in the case, they can testify (speak directly to the judge during the hearing) on your behalf. In-person testimony is usually more effective, though some courts allow phone testimony. Witnesses may also be allowed to write a letter to the judge.

Follow courtroom etiquette: Small claims court is informal, but professionalism matters. Dress appropriately, avoid interrupting, and be respectful to the judge, the other side, and anyone else involved.

The hearing will start with the judge calling your case. Many judges will briefly explain the process before the hearing begins. If you have questions or are confused by anything the judge says, do not be afraid to ask the judge to clarify.

Both sides will then have a chance to explain their view of what happened. The plaintiff will present their case first, followed by the defendant. When it is your turn, go through your prepared statement. Avoid personal attacks. Ask the judge if you may call on your witnesses (if you have any) and present any documents or photos. The judge will ask questions and review the evidence before making a decision. 

• Time: You can expect to be at court for two or three hours, depending on whether you have a mediation meeting scheduled before your hearing. The hearings are usually brief, often less than 30 minutes. Be ready to present your case clearly and get to the point quickly.
• Judge’s Decision: After the judge has heard from both sides and any witnesses, they will decide who wins the case and the amount, if any, the winner should receive. If the judge wants more time to think about the case, they will tell you when to expect a decision.

If you are the plaintiff, you will have the first chance to tell your story. Your goal is to convince the judge that the defendant owes you money or property and to provide clear proof of your claim.

• Make sure you can clearly explain why you are asking for money or property from the defendant. 
• Focus on the facts and be ready to explain how you calculated the amount you are asking for.
• Provide proof that supports the amount that you are asking for, such as a repair bill.
• Make sure to explain why the defendant is directly responsible.

Before you go to court, make sure you understand the claim being made against you. Review the paperwork the plaintiff filed and make a note of any statements you disagree with. Be prepared to explain why you believe you do not owe the money or property they are asking for or why the amount they claim you owe them is incorrect. 

As the defendant, you have the chance to listen to the plaintiff's version of events first before giving your testimony. Take notes of anything they say that you believe is inaccurate, especially if you have proof that they are wrong. If you have proof, show it to the judge so that the record can be set straight.

Some ways to defend yourself in small claims include showing:

• The amount they say you owe is wrong. You can show, for example, that you paid part or all of what they are claiming or that they calculated the amount too high.
• It's not your fault, or you aren't responsible for the full amount. This could be because someone else is also at fault or that the plaintiff is responsible for some of it, for example.
• The plaintiff waited too long to sue you, and the time limit expired. All cases have a time limit called a "statute of limitations." While these can vary depending on the type of case, many small claims cases have a two-year limit. Speak with an attorney before going to court if you think this might be true in your case.   

After the judge decides the case, both sides will be given an official written copy, called the “judgment.” If the judge does not decide the case while at the hearing, the judgment will be sent in the mail. 

If the judge decides that one side owes the other, the judgment will list the exact amount owed or the items that must be given over. It is then up to the side that wins to collect, but the judgment will allow them to take additional steps, such as taking money directly from the other side's paychecks or bank account. 

For more about what happens after the ruling, read our article //What happens after a small claims hearing?