Small claims court should always be your last option. Not only because it actually
costs you money to obtain the money you feel is owed to you, but because it's
always best to try and reach a settlement outside of court.
In my particular case, however, all my attempts to rationally solve the
problem were dead ends. Before actually taking this to court, it is suggested
that you write one final letter to try and resolve the issue. Usually when
legal action is mentioned, people are hesitant to call your bluff and they
cough up whatever you feel you are owed. Make sure that your letter states in a
very simple manner what the problem is and what you feel you are entitled to.
Keep it as much to the point as possible and have a date mentioned as to when
you expect to receive your money/property. Inform the reader that if you do not
receive said dollar amount or property that your next move will be to pursue
this in small claims court.
If the date comes and you still have not received anything, go to the
district where the business is located or where the property is to be gained.
There is usually a small fee, typically under $20, to file and receive your
court date. Expect to be in front of the judge anywhere between 14-30 days
after you file.
Once in court, you, the plaintiff, will be allowed to present your case
first. Speak in a clear, distinct voice and keep your story under 2 minutes. If
it takes you longer to state the situation, there may be too many specifics
involved and the judge is less likely to allow you to fully express your side.
Make sure you have brought with you all the proper documents exhibiting proof
of what you are feel you owed and why. This could include pages from the Policy
and Procedure book from your past employer, a paycheck stub, a copy of the
letters you have been sending to your employer which proof you have tried to
settle this issue out of court. Having all this documentation will show that
you are prepared and responsible and will add weight to your case.
The defendant will have time to respond to your side of the story and will
be allowed to answer questions from the judge. Do not pay much attention to the
defendant; keep your eyes on the judge and do not sigh or give hints that you
are becoming infuriated by what the defendant is saying. Remember that lies are
usually easy to detect and that once a lie is told, other lies must be told to
cover the first one up; it's really a snowball effect and eventually it will
come back to the defendant and their story will be worthless. Keep your cool
and remain professional.