This study answers two fundamental questions about small claims courts: (1) Who usually wins? (2) Do victors collect their judgments? The rate of victory for plaintiffs who file claims and appear in court is eighty-five percent. Of winning plaintiffs, fifty-five percent never collect any part of their judgments.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Your motion must first be filed with the Wayne County Clerk before the Friend of the Court will schedule a hearing. The original, plus four copies of the motion and any additional sheets you have attached. A copy of the current court order you wish to change; if applicable.
In most cases, pursuing a lawsuit against a financially insolvent party is the right idea unless the potential recovery is so low that you would end up spending more than you could gain.
Writing Your Letter Search for a form letter. Some courts print off forms that you can use to request a hearing. Open a word processing document. Insert a salutation. Add a heading. Begin the letter with your request. Explain why you need the hearing. Provide a contact number. Sign the letter.
Not all courts will accept a letter. Instead, the court might grant a continuance over the phone, or the court could require that you have a representative appear before the judge in your place.
Be sure to include the case name and case number on both the letter and the envelope. The salutation (opener) is either ``May it please the Court'' (preferred) or ``May it please Your Honour'' (``Your Honor'') -- this wording works for any jurisdiction in the world in a letter from a non-lawyer.
In every character letter, the writer must know how to format the letter and address the judge. Do not write “Honorable Judge” because that's redundant. Either “Judge” or “The Honorable” is acceptable. It's also acceptable to use “To Whom It May Concern.”
Introduce yourself in the opening paragraph. Outline your relationship with the person who is the subject of the legal proceedings. Acknowledge the charges that have been brought against the person. State your opinion of the person's general character.