The Other Party's Evidence

If you decide to sue in Small Claims Court, look at all you must overcome to win your case.

Expect the other person to defend himself as best as he can, even it means telling a version of the story which is incorrect as you saw it. It is not uncommon for persons to have two wildly different versions of a set of facts. Whether they are lying or just failing to remember, your job is to anticipate this version of the story and have evidence to refute it.

Remember, the defendant might have decided not to sue you, but once you sue the defendant, they have no choice but to defend themselves. The result may be a cross-lawsuit against you [called a counter claim or cross claim]. Without a substantial amount of evidence, the other party may win against you if the nature of your case places you at a disadvantage.

Do not forget the other party. They get a chance to put on their evidence also. Try to understand their point and try to understand in advance and, if possible, their argument. Then you can better prepare to bring evidence to court to show the judge the other party is wrong.

The other party's version of the incident might likely differ from yours. Do not be afraid to ask yourself "what if the other party says this or lies about this?" Instead of going to court and calling the other party a liar, you should be prepared to show the judge how the other party is lying. You should do this not only with your words, but with your explanations and with supporting pictures, documents, witnesses etc.

Most people never think of this aspect and come out of court muttering that the other person lied. If they had thought about this in advance, they could have been prepared to show the judge any misstatements or lies.

Point to Remember:

Expect the other person to defend himself as best he can, even if it means telling a version of the story that incorrect as you saw it.

Posted in: Small Claims