representing myself in small claims

[judi]

I live in Illinois. I recently filed a complaint in small claims court against a contractor who did a very poor job of resurfacing our concrete porch and steps. He was also supposed to build a brick ledge with a stone cap, tuckpoint and sealcoat our bricks. We paid him for half ($817) the total job ($1,624). He's only completed the resurfacing part of the job and it looks awful. He can't finish the rest of the job until the steps and porch are fixed. He has refused to repair the steps and he refuses to refund our money. We have a written contract saying he guarantees his work. We also have photos and an expert witness who will testify that his work wasn't done right. The contractor's countersuing us, saying we canceled his contract and owe him a penalty fee. What chance do we have to win against this guy in our upcoming trial (in front of a judge, not jury)? Any advice you can give on representing myself? By the way, the reason we didn't hire an attorney is because it would cost more than what we're suing for.
Thanks.

 

[cindycanann]

you have great grounds to win this case. make sure you let the courts know you have a witness and make sure they show up. bring in all your pictures and any documents or contracts. it would not matter if you wanted to hire a lawyer you can't in small claims. you are also in some states eligible for interest and any amounts it will cost to repair the damage done by this contractor, you will more that likely not get the money back that you paid for the resurfacing unless your witness can convince the judge that it was done poorly. if the contract you signed states he gurantees his work then you have a good case but i want to warn you he will try to say that you approved the work by paying for half of the total, don't let that get to you, you did what you were suppose to do according to the contract. don't worry, be calm, stay organised and focused and you will prevail.

 

[JackieTroll]

You most certainly can represent yourself (the state of Illinois does not require you to have an attorney represent you in small claims court, unless you are a corporation filing suit).

Your best bet is to focus on your written contract, and the expert testimony that the work was not performed properly. Avoid emotional pleas, and stick to the facts. It sounds like you have your ducks in a row, and will do just fine.

As for the cancellation clause, read all the details of your contract carefully... it's impossible to tell if the contractor can prevail on such a claim without seeing the agreement you signed.

Again, avoid pleading to the judge about what you FELT was "right" and "wrong", and stick to arguing the stipulations in your written contract. Facts and points of law always prevail over emotion (unless you are named O.J.)