Without going into a lot of detail, because, my lawyer has advised me not to on here, I was sued in Small Claims court. Somebody felt I lied to them about something, then made a decision to do something that cost them money. And because they felt I lied - which I didn't - they felt I should pay for what they decided to do.
Vague enough? Then I'll continue.
If you've never seen Small Claims court in action, I'd highly recommend it. It's right up there with Disneyland and Las Vegas both in terms of people-watching and entertainment value.
First the bailiff runs down some basic rules: address all comments to the bench. No talking while court's in session. Turn off your cellphones. Don't raise your voice. Don't make a grab for my gun then go on a wild shooting rampage (alright I made that one up).
Then the court clerk, who sits in a little pen with an outdated computer right in front of the judge, has everyone in the room stand, raise their right hand and take an oath swearing to tell the truth.
Just like on Law & Order, except your hand's not on a bible.
My case wasn't being heard until 10:30a.m., but I arrived at the courtroom at 8:30. Maybe it's because I'm in advertising and have done so many presentations, I wanted to get a feel for the room I was going to be playing to. I wanted to see how it all worked. I wanted to see if I was getting a hanging judge or Judge Ito.
The funny thing is I didn't get a judge at all.
In Small Claims, you get a judge pro tem, not a regular judge but a lawyer volunteering to act as judge since there are so many cases the real judges can't hear them all. If you're okay with that, which I was, you sign a document giving your consent. If you insist on a real judge, they'll insist on rescheduling you for another day. Then there you are - all dressed up and no place to plead.
Since Small Claims is for complaints $5,000 and under ($7,500 if it's not a business), many of them were landlords/property management companies suing for back rent. And winning.
In Small Claims, like so much of life, you're on your own. You're not allowed to have a lawyer represent you (although you can have one if you lose and appeal the decision). However you can do what I did which is have your lawyer prepare a trial brief arguing the case and citing legal cases and precedent on why the judge should rule in your favor. For the amount I was being sued for, $775, having my lawyer write a trial brief seemed a little like rabbit hunting with an elephant gun. But my feeling was I'd rather be over prepared than under.
I mentioned all dressed up before because that's what my lawyer told me to do: dress slacks, nice shirt (tie optional). It shows respect to the court, and while it shouldn't affect the judges decision, how I look could definitely affect his attitude towards me. He also said I'd be shocked at what people wore to court, and he wasn't kidding.
I can't tell who I enjoyed more - the greasy, strung out forty-five year old with the Led Zepplin t-shirt, torn jean shorts and flip-flops, or his crack-friendly wife who was literally, having minor grand mal seizures (or withdrawal) about every fifteen minutes.
Then there was Mr. Ralph Lauren: deck shoes, khaki cargo shorts, polo shirt and windbreaker. Every two minutes he kept looking at his TAGHeuer watch. Apparently the yacht was double parked.
I should mention prior to today's court date, the party suing me and I worked out a fragile peace. In fact I was told the case would be dropped and not to even bother showing up. My reply was that I'd need something a little more concrete than that - say a document from the court showing the case was withdrawn. I never got it. So I showed.
The person suing me did not. I guess that was his way of dropping the case because since he didn't show it was dismissed.
After the ruling, the judge made a point of complimenting me on the trial brief, saying he didn't know many lawyers who could prepare one as thorough and well written as mine.
I think he thought I was the one who did it, and I let him think that. It's not like anyone was under oath.
Oh, wait a minute.
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