Even though things are staged, I understand that small claims court is somewhere I never wish to enter. However, for some this is unavoidable. Small claims court is often full of the pulling of hair and gnashing of teeth. The judges always look so high and mighty in their polyester robes, chiding defendants that they brought this upon themselves. This has lead me to understand that there are several key principles:
1. Take pictures often.
If you have pictures of the property in its original condition, you can get proper damages. Say you are a landlord, and your dead beat tenant stains the carpet. Unless you have pictures of the property before hand your tenant can paint you as a slum lord.
2. Do not rent/lend to addicts.
Cars will be smashed, jewelry pawned, holes punched in walls, rent will be truant, and toasters dismantled.
3. The tow truck guy will always win.
He is a licensed professional, and you are a dolt. Give the nice man his money.
4. Never let your friends move in...
because they will stay.
5. Promissory notes are more useful as toilet paper than legal documents.
You may have a high school diploma, but that does not mean that you can write a legal document. Either don't lend the money or get a professional to undertake the task. A corollary of this is have a lawyer draft all of your contracts, especially when renting properties.
6. Where there are baby daddies, there will be trouble.
They were sperm donors and have neglected to donate anything else since then aside from the occasional headache. They won't want to give you the car, and certainly not the apartment. His mother may even sue you for the gifts she gave you at your baby shower.
By keeping these in mind many of the headaches of small claims court can be avoided.
