Seeking Advice on Small Claims Court

Updated on December 25, 2008
S.D. asks from Westmont, IL
4 answers

Hi fellow Moms! I have a question that I need some advice on. My husband is being taken to small claims court by a former friend for some money he owes him for work done (that was not really done because it didn't work after he finished therefore he did not pay him the complete amount!). My question is how much should we worry about this? The amount is only $1000 (a lot of money, but relatively speaking not huge), but does he need to get a lawyer? I'm afraid the cost of the lawyer will surpass the amount of the claim if he ends up having to pay. I've also been told that he is disadvantaged because he is being taken to court and not the other way around. If we need to get a lawyer, any recommendations? We live in DuPage county and are law abiding citizens so we have no clue how to deal with this. Thanks and Merry Christmas!

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D.F.

answers from Chicago on

Not a mom...but a dad. I have been to small claims court in another state and it is pretty straight forward. There will be a judge, your husband and the plantiff. The judge will swear everyone in, and then each side will have a chance to tell their story. To best defend yourself, your husband should have any and all contracts or emails in regards to the original work to be done. If the work was not completed or not done properly, can it be proven? Does the original agreement spell out specificaly what was to be done..and then there can be photo evidence (as an example) that illustrates that the work was not completed. Also, the court is very big on attempts to "solve" the issue prior to filing a claim. Did your husband contact the other individual and complain about the work and request it be completed correctly? Do you have proof of this? Without proof or documentation this can turn into a he said-she said. If you have documentation that your husband attempted to contact the other individual and work this out or express displeasure AND offered the other individual the chance to fix the problem and that individual chose not to, then you will be in great shape. Remember to bring everything to court" photos, emails, contracts, cancelled checks, etc.

Good luck

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G.H.

answers from Chicago on

If your husband didn't finish the job according to the contract, he's responsible for its completion or the money. If there is no contract but verbal he'll need proof or 1st hand information of anyone else knowing of it. It's not necessary for small claims court to have a lawyer. Just bring proof of whatever kept your husband from completing the job. Remember there are no excuses if your husband just didn't complete it because her was too busy with other jobs or some reason like that. It has to be the other mans fault.

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A.L.

answers from Chicago on

The point of small claims is for litigators to solve problems without having to pay for lawyer's fees and such. Just make sure you have enough pictures of the problem, any contracts signed, bank copies of checks exchanged, and emails or phone messages about the situation. Good luck!

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K.S.

answers from Chicago on

You can probably do this yourself. Go to the courthouse on County Farm Road and there are documents in bins there that you need. Some of the people working there are very well versed and can answer questions. You will need ALL your documentation to win...times....dates..details. Good luck!

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