Small Claims Court: What is appropriate to defend a case?

Question

I have learned that my contract was breached on many different levels and have found specifc Business and Professions Codes that were violated. I am new to this stuff but don't know if I should go into court with all my Codes or should l let the judge wrap up the issues into the law/codes? I don't want to upset him by thinking I know anything about the law because I don't / well maybe alittle.

Also, if a contractors license was needed and they don't have one and they are suing me isn't it true they can't sue if they needed a contractors license? Do I tell the judge that first thing? or do I disagree with the amount of money they say I owe? I am the defendant.

Answer 1

Small claims court is more informal than most types of courts. All you have to do is go and tell your story with any additional information you wish to give and the judge will decide based on law what is right. Small claims courts only deal with contract law and side issues like right to sue and licensing may be information but if the case is too complicated it belongs in a court with broader jurisdiction. You do not need a lawyer present but you can have one if you wish.

Answer 2

Don't assume that the judge knows all of the intricacies of the law. S/he may be new to the bench (or this particular area of law) and have no real experience in contract law (scary, isn't it?) Also, very few judges know anything about Business Codes. You must make your own case (or hire an attorney to do so for you.) Bring your code books (or other documents) with you to show the judge.

Write down (so you remember to tell the judge) everything you think the contractor did wrong, in the order you feel is the most important (in case the judge cuts you off before you get to say everything you want to say.)

I would definitely mention that the contractor was working without a license! If they contracted to perform a service that requires a license, but they don't have a license, the contract is illegal! (ex. you can't enforce a contract to deliver 10 kilos of cocaine for an agreed upon price). You might simply say "Your Honor, they made a contract with me to perform a service that under the law (or code, etc.) can only be performed by a licensed contractor. At the time I signed the contract, I was unaware that they were not a licensed contractor. Because they were not legally allowed to perform this service, I should be released from this illegal contract."

But don't rely only upon this. Try to bring up as many significant breaches of the contract as possible. Take clear pictures if you are saying that the work was shoddy. Bring in witnesses to back up your claims. For instance, you may have a picture that might need explaining by a neutral contractor so that the judge understands what is so bad about doing it that way. Have the neutral contractor briefly tell the judge about his qualifications and then explain that the correct way to do it was this way, but as you can clearly see, it wasn't done that way, etc.

If you think you are entitled to damages (money), make sure you ask for them and have documents to back your claims up. (ex. estimate from other contractors for the cost to fix their mistakes and/or finish the job.)

Whatever you do, be polite to both the judge and the other party! DO NOT act like the people on "Judge Judy" or act superior (this doesn't mean that you shouldn't point out the correct law, just don't be smug if it seems to be going your way or argue with the judge if s/he doesn't agree with you.) Try to have a poker face, especially when the other party is speaking (don't shake your head or sigh when they say things you don't agree with.)

Even if you don't hire a lawyer to represent you, it might be a good idea to consult one about your rights under the law and possible legal strategies. Good luck!