Preparing For Trial

Preparing for the Trial

        Whether you are the plaintiff or the defendant, you can help yourself by being well prepared. To prepare for the trial, collect all papers, photographs, receipts, estimates, canceled checks or other documents that concern the case. It may be helpful to write down ahead of time the facts of the case in the order that they occurred. This will help you to organize your thoughts and make a clear presentation of your story to the judge.

        It is also a good idea to sit through a small claims court session before the date of your hearing. This will give you first-hand information about the way small claim cases are heard.

What Happens at the Trial?

        When you arrive at the court, report to the courtroom in which your case has been assigned. Do not be late. When your case is called, come forward to the counsel table and the judge will swear in all the parties and witnesses.  

        Don’t be nervous, remember that a hearing in small claims court is informal. The judge will ask the plaintiff to give his or her side first, and then will ask the defendant for his or her explanation. Be brief and stick to the facts. The judge may interrupt you with questions, which you should answer honestly and to the best of your knowledge.

        Be polite, not just to the judge, but also to your opponent. Do not interrupt. Whatever happens, keep your temper. Good manners and even tempers help the fair, efficient conduct of the hearing and make a good impression.

        After both sides have been heard by the judge, he or she will normally announce the decision right then and will enter a judgment with his or her decision.

What If a Party Doesn’t Appear at the Hearing?

        If the defendant fails to appear for pre-trial or trial, the plaintiff will be granted judgment for the amount of the claim proven in court, plus costs—provided the plaintiff can show proof of service. If the plaintiff fails to appear, the claim is dismissed; however, generally the court will permit the plaintiff to start over, if good cause for the nonappearance is shown.

What Happens After the Judge Makes a Decision?

      After the judge hears both sides, the court will issue a judgment or dismiss the case. If the plaintiff wins, the judge will order the defendant to pay a certain amount for the claim, as well as the costs the plaintiff spent to bring the case and any interest on the amount owed. Once the judgment is issued, the clerk will enter it into the civil docket of the court and will provide a certified copy of the judgment to the prevailing party for no additional cost.

           Even if you have a judgment, it does not necessarily mean that you will be paid. The Small Claims Court does not collect the judgment for you. If the debtor does not pay right away, the court may order a payment plan. If the losing party fails to pay, the judge may increase the amount of the judgment to cover the cost of enforcing the judgment. If the judgment remains unpaid, you may seek to enforce the judgment through the collections process, which could include garnishing the defendant’s wages or bank accounts; or seeking to obtain personal property of the debtor. 

What Happens If You Lose?

        Either party may appeal a judgment when the judge has decided against them. However, no appeal is permitted if the amount originally claimed was less than $250. Also, if a party who brought a claim or counterclaim wants to appeal a judgment, the amount originally claimed must have exceeded $1,000. If a party loses a default judgment, an appeal may be taken under the district court rules for setting aside default judgments.              

        A party who appeals a judgment is required to follow the procedures set out in chapter 12.36 RCW. Within 30 days of the entry of judgment.