e.bram
Guest
I would like to hear about people's expierences representing theselves in court when the minetary anounts are equal to or less than the legal fees would cost by hiring a lawyer.
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Pro se??
- Thread starter e.bram
- Start date
PigsDad
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The first thing I would do if I were you is to use a spell checker for any documents I give to the judge. 
Kurt
Kurt
Last edited:
Lawlar
TUG Member
Outgunned
I have opposed individuals who represented themselves at trial. Without exception they lost. [I am a retired attorney - I have also served as a judge pro temp.]
Judges will try to help the individual but the bottom line is that the attorneys know all the tricks of the trade, and you don't. It would be like trying to play tennis against a professional tennis player.
I'm not saying you can't do it. But the odds of your succeeding would be slim. Unfortunately, our legal system favors the rich and powerful.
I have opposed individuals who represented themselves at trial. Without exception they lost. [I am a retired attorney - I have also served as a judge pro temp.]
Judges will try to help the individual but the bottom line is that the attorneys know all the tricks of the trade, and you don't. It would be like trying to play tennis against a professional tennis player.
I'm not saying you can't do it. But the odds of your succeeding would be slim. Unfortunately, our legal system favors the rich and powerful.
RonB
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I think it depends on whether or not the other person has a lawyer. If they do not, you have a good chance of winning, (well, at least 50%).
I used to go to court for a small loan company many years ago. We won almost 100% when the other person didn't have a lawyer. If we knew the other person had an attorney, my boss would go because he had many years experience. He had a very good success ratio also, but it was more difficult - everything had to be just right, and well documented.
Ron
I used to go to court for a small loan company many years ago. We won almost 100% when the other person didn't have a lawyer. If we knew the other person had an attorney, my boss would go because he had many years experience. He had a very good success ratio also, but it was more difficult - everything had to be just right, and well documented.
Ron
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e.bram
Guest
Lawler:
We are not talking major cases, just those where the legal fees are of the order of magnitude of the amount indispute. how can you lose?
We are not talking major cases, just those where the legal fees are of the order of magnitude of the amount indispute. how can you lose?
CMF
TUG Member
Are you the P or D?
Charles
Charles
A person who chooses to represent him(or her)self has a fool for a client.
Jim Ricks
Jim Ricks
3kids4me
TUG Lifetime Member
The first thing I would do if I were you is to use a spell checker for any documents I give to the judge.
Kurt
:rofl:
e.bram
Guest
CMF:
Either
Either
Jestjoan
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Small claims court
Would that work in this case?
DH just filed against a landscaper who put in some lovely dead sod. We never could get her to take care of it.....She didn't answer the letter we sent her or return phone calls.
While we were out of town, we got a note from her saying that we are overwatering and that the sod has a fungus!
Would that work in this case?
DH just filed against a landscaper who put in some lovely dead sod. We never could get her to take care of it.....She didn't answer the letter we sent her or return phone calls.
While we were out of town, we got a note from her saying that we are overwatering and that the sod has a fungus!
e.bram
Guest
If you have pictures and documentation, sure.
Courts usually hve someone to help pro se litigants.
Courts usually hve someone to help pro se litigants.
CMF
TUG Member
My question was not a very good one. My knee jerk reaction was that there would be less risk if you went into this as a plaintiff. But that is not necessarily so. You can go in as a plaintiff and come out as a defendant if there is a counter suit.
I for one would not set foot in court unless I absolutely had to.
Charles
I for one would not set foot in court unless I absolutely had to.
Charles
Colorado Belle
TUG Member
I've been forced (lack of money) to represent my self in post trial diviorce litigation on appeal . (The lawyers who have posted probably wonder why there is so much litigation while on appeal re lack of jurisdiction, but I have a bad judge). It isn't fun, and you have to be twice as good as the lawyer on the other side because many judges will find against you because few in the legal business like pro se litigants.
However, in your case, the sod layer probably isn't going to hire a lawyer, and the case will most likely be in small claim's court. Document everything, use certified mail in contacting her, it is a very small filing fee, and if she doesn't respond you will by default.
In small cases, I might disagree some with the poster/attorney who said you would never win if the other side had an attorney. I'd agree if a judge was hearing the matter; but if you requested a jury trial, I think you'd have a better chance. I think many attorneys underestimate how little the general population appreciates them.
However, in your case, the sod layer probably isn't going to hire a lawyer, and the case will most likely be in small claim's court. Document everything, use certified mail in contacting her, it is a very small filing fee, and if she doesn't respond you will by default.
In small cases, I might disagree some with the poster/attorney who said you would never win if the other side had an attorney. I'd agree if a judge was hearing the matter; but if you requested a jury trial, I think you'd have a better chance. I think many attorneys underestimate how little the general population appreciates them.
e.bram
Guest
CMF:
Because people fold like cheap cameras, they taken advantage of. Too many prople have the same attitude as you. If you are right you have the advantage over lawyers in small cases where the legal fees are the same prder of magnitude as the contested amount.
Because people fold like cheap cameras, they taken advantage of. Too many prople have the same attitude as you. If you are right you have the advantage over lawyers in small cases where the legal fees are the same prder of magnitude as the contested amount.
CMF
TUG Member
I've never had to go to court to settle a dispute. Just lucky I guess.
Charles
Charles
e.bram
Guest
Look, plain and simple. Small dollar amount cases never attract the good lawyers. So you will ibe up against a crummy lawyer and you are more intimately connected with the case. Even a good lawyer can't spend a lot of time on a small case. The pro se is one up.