General small claims overview

[6079]

Alaska

I'd just like to get a picture of the general liklihood of winning and collecting if I may. Basically, the evidence is pretty good, I think a rational person would see it that way and I'll spare the details for now. How tough are small claims courts in general? Is it like on TV where the preponderance of the evidence is needed, not strict, beyond-the-shadow of a doubt proof?

As for collecting, you may not know Alaska in particular, but I get the impression most states don't press too hard to collect funds from the defendent. People get away with keeping these debts on their records forever. What can I expect here?

Thanks for reading. Any thoughts on the process are greatly appreciated.

 

[racer72]

Based on your post, you have a 50:50 chance of winning, more or less. The state will not do anything to help you collect, they will just provide the tools for you to use. You may find out why 90% of all personal lawsuit winners never collect the full amount due, 50% never collect anything.

 

[Dandy Don]

Any debt collection attorney can advise you on how to collect, including garnisheeing wages or getting an amount directly deducted from a bank account. Nolo Press also has excellent books on collecting judgments.

 

[dcatz]

Small claims courts are generally informal by design, but. the key to winning is preparation, preparation, preparation. Remember, you’re telling your story that you know so well to someone who has never heard it before, and you will have very little time to tell it.

Yes, the legal requirement in a civil action is the preponderance of the evidence. That means 51%. Would a reasonable man believe it’s more likely than not that . . . .?

If you have a good deal of documentary evidence – pictures, contracts, letters etc. – prepare two 3-ring binders (one for you and one for the Court). If you’re the claimant/plaintiff, you’ll go first. Give a binder to the Court as you begin and “tell a story with pictures (your Exhibits)”. Walk the Court through what went on. If you have a single document, offer a copy at the beginning and do the same thing.

Practical hint: know what you’re supposed to prove, because the Court will - e.g. if you’re suing on a breach of contract theory, show that a contract was made, that you performed all of your obligations or that you were prevented/excused, that the defendant breached the contract and that you incurred damages as a result. Show how the damages were calculated. Use of a law library can help you to understand what you’ll be expect to prove and you have “the burden of proof”

Then, LISTEN TO THE OTHER SIDE. Their/its job is to prove that you’re wrong. Don’t ignore what they’re saying and be prepared to explain to the Court why it’s inaccurate/insufficient. Don’t tell your story and then flip the “off” switch. You’ll both have an aggregate total of about 20 minutes to do this so don’t wander off-track. If it’s not important that your cousin knows their sister, skip it.

As for collecting, states/courts don’t do the collecting. Courts give you the tools to do it yourself. How and what you’ll do to collect is really something to think about before your start. Generally, it’s easier to get judgment than to collect, because people sue first and think about collecting later. It’s better to have a plan beforehand. In this instance, you apparently don't. There are suggestions on this site, if you use the “search” function, but the most successful collection efforts are debtor-specific – i.e. you know where assets are and the means that you can use to reach them. Your post doesn’t tell us anything so, as suggested, you’ll either have to learn or assign or sell your judgment and give away a part of your entitlement.