February 25, 2010
Could you please give me some tips to help with my court case?
~Emma’s Mommy~ asked:
I was recently evicted from my apartment because I was one month behind on my rent. (Due to having a baby by emergency c section 2 weeks earlier then planned) My landlord is a ***** and pretty much dosen’t like me because I refused to pay an increase in my rent for water usage which was included in my lease as the landlords responsibilty. Anyways I moved out and went to court. The Landlords told the judge that I had moved out and left the place dirty and stole their washer and dryer, and left my old ones there. I did NOT steal theirs, I left their old junky ones there and took my own with me. I do not have recepits of them, because the washer was bought with a credit card and its been more then 4 years and the credit card company said they cant pull up that transaction from that long ago. And the dryer was purchased used from a yard sale. Do you have any tips on what I can do to win this case? And what will happen if I do loose? Thanks for any advice and help in advance!
Relocate to Atlanta
I was recently evicted from my apartment because I was one month behind on my rent. (Due to having a baby by emergency c section 2 weeks earlier then planned) My landlord is a ***** and pretty much dosen’t like me because I refused to pay an increase in my rent for water usage which was included in my lease as the landlords responsibilty. Anyways I moved out and went to court. The Landlords told the judge that I had moved out and left the place dirty and stole their washer and dryer, and left my old ones there. I did NOT steal theirs, I left their old junky ones there and took my own with me. I do not have recepits of them, because the washer was bought with a credit card and its been more then 4 years and the credit card company said they cant pull up that transaction from that long ago. And the dryer was purchased used from a yard sale. Do you have any tips on what I can do to win this case? And what will happen if I do loose? Thanks for any advice and help in advance!
Relocate to Atlanta
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Comments on Could you please give me some tips to help with my court case?
7:01 am
Relocate to Atlanta
By chance do you have any old photos? Pictures are a good way to prove things like this.
4:34 am
Relocate to Atlanta
The only way you can do anything with the washer and dryer is have some people testify that they witnessed you purchasing them. The credit card company has to present you with a copy of your purchase or else you ll have a suit against them.
8:00 am
Relocate to Atlanta
you had to lie
11:01 am
Relocate to Atlanta
your chances of winning are very low for the fact that you don’t have the receipts showing you payed for the ones you took…you should always take pictures of the apartment when you move in and move out in case something like this happens…did you get your security back?i mean if not they’ll just make you pay the difference meaning the damages…and or they’ll make you buy for the washer and dryer or give it back…because of the simple fact you have no proof that you paid for them yourselves…
10:30 pm
Relocate to Atlanta
I do not know what state you are in, so it is difficult to answer conclusively. However, from the facts you have provided, it seems clear to me that you have to evaluate this based on priorities:
Do you want to stay in the apartment?
I can’t imagine why you would, but if you do, you will need to prove to the judge that you are current, and that you have not violeted the terms of the lease.
If you don’t want to stay, but just don’t want a judgment:
You probably should engage an attorney. does the landlord have an attorney?
If the landlord has an attorney, he/she will know the local procedures, and will be able to enable his/her client to look good in the eyes of the court.. UNLESS you have competent counsel to counter this.
You could, I suppose, if properly trained, counter their arguments. Its not something I would want to do if I were not already admitted to the bar.
For further assistance, contact your local or state bar association for a referral to an attorney who practices housing/landlord tentant law
12:38 pm
Relocate to Atlanta
You are the defendent if you are in small claims court the burden of proof is on them…do they have reciepts proving they purchased the washer and dryer. However check with an lawyer, call the court house they should have lawyers that could help through the court house if you do not have money you pay a small fee( usually 50.00) and you can ask questions and they will give you advice not represent you. it depends on the state you live both states i lived in had this option
8:20 pm
Relocate to Atlanta
What You Need to Know
About
Representing Yourself
in Court
A Basic Introduction for
Individuals Who Are
Appearing in Court
Without an Attorney
“Excellence in Customer Service”
Colorado Judicial Branch
Revised September 2005
You have a right to represent yourself (appear “pro se”) in any kind of legal case. You will be expected to know
and follow the rules just as lawyers are. If you do not follow the rules that apply in your case, the court may not be
allowed to give you what you want, even if it makes sense. You can also be fined, have to pay the other person’s
attorney, or be found in contempt of court.
Before you decide to represent yourself, ask yourself whether it wouldn’t be a better use of your time and money
to consult with or hire an attorney who knows the law and can give you advice about what to do, how to do it, and
what your chances are of getting what you want.
What you have seen on TV and in the movies is not real, even if it is called “real TV.” You must dress and
behave appropriately. Many courthouses have signs posted about what you may and may not do. Read and follow
the signs and any orders the court gives you.
alternative dispute resolution (ADR)
Coming to court and asking a judge or magistrate to make decisions about your life is one way to resolve disputes;
this is called litigation. However, this is not the only way to resolve disputes. ADR is often less expensive
and less time-consuming, and it gives you more control over your life. Sometimes the court will order you to try
ADR (mediation and arbitration are just two types) before you can litigate your case.
You and the other party know your lives/children/the facts of your case better than anyone else. You can be creative
and flexible in making your own agreements; the court can only do what the law allows. You and the other
party will be happier with agreements you make yourself, and therefore more likely to comply with them than with
decisions made for you by the court.
going to court
If you do decide to go to court, filing your motion or petition is just the first step. In order to get what you want
from the court, you may need to schedule a hearing or conference, make efforts to resolve the problem without the
court, and file additional documents.
You will need to fill out paperwork. You can get forms from the court (usually for a small fee) or the Judicial
Branch website (www.courts.state.co.us). Many bookstores and office supply stores also sell forms and instructions
for using them. Read all the court papers and instructions. There may be a fee to file a motion or a petition.
???? It is up to you to know what you want.
When you visit the clerk’s office to file your paperwork, remember:
???? You can handwrite or type your information, but your documents must be complete and legible. When completing
a multi-part form, press firmly.
???? By law, the court staff cannot fill out forms for you.
???? Some courts may have additional filing requirements that may mean another trip to the courthouse.
???? Keep your composure; the court staff is there to help you as much as they are allowed.
???? The paperwork you file is your only means of communicating with the court and the judge or magistrate.
Direct contact with the judge or magistrate is not allowed.
You will have to share. You must give everyone in the case copies of everything you file with the court. You
must also submit a written form to the court identifying when and how you did so. You should keep a copy of
everything you file with the court. It is best to have a “date-stamped” copy which shows when you filed the original.
You will need to work with the other person, any attorneys, and the court to schedule hearings and conferences,
and give written notice, so all can be present.
Being organized will help. What do you want? Why should you get what you want? Make notes so you can tell
the court the answers to these questions as quickly and clearly as possible.The court has limited time to hear any
case and must adhere to a strict schedule. If you do not make your points in the allotted time, you will not get
another chance. Practice your presentation with friends and family.
Be prepared. Visit the courthouse and courtroom ahead of time, if possible, so you are comfortable with the
location and setup. Observe a similar type of case to learn what goes on and to get some tips on how to do and
say things.
Get your documents and evidence prepared and copied. Subpoena your witnesses, if necessary, and arrange
for them to be at the right place at the right time. Make notes of the questions you will want to ask the witnesses.
Arrive early, with everything you need. Give yourself enough time for traffic and unexpected events. If you are
not there on time, your case may be dismissed, you might lose, or it may be months before you have another
chance to tell the court what you want. Keep your paperwork in order and have your copies with you when you
come to court – they will not do you any good in the car or on the kitchen counter.
Know your case number. Be sure to have your case number available always; you will be asked for it every
time you contact the court. Court staff will not be able to give you the help you need if you do not have your case
number.
help yourself
No one in the courthouse is allowed to give you legal advice, although court staff may be able to answer questions
about forms and rules. Some courts, community colleges, and local bar associations offer free clinics on various
types of cases; your local courthouse should have information on such clinics.
The Colorado Revised Statutes (the laws) and court rules are available in print in the reference section of any
public library. The Judicial Branch website also has a link to the online statutes and rules:.
You should also check with the court to see whether they have additional filing requirements.
court etiquette
Certain behaviors are required while you are in court. This behavior is either necessary to manage cases or is
considered respectful of the court.
???? If you have a cell phone or pager with you, turn it off before entering the courtroom, and before you begin a
status conference of any kind.
???? Please deposit away gum, food, and drinks in a trash can before you enter the courtroom.
???? If a sign on the courtroom door tells you to, check in with the courtroom staff before entering the courtroom.
???? Enter and leave the courtroom quietly, so you do not disturb others.
???? Stand when the judge or magistrate enters or leaves the courtroom, and when you speak to the judge or
magistrate.
???? Address the judge or magistrate as “Your Honor.”
???? You will be expected to treat others in the court respectfully. It is respectful to address others as “Mr.” or “Ms.”
or ma’am or sir. It is not respectful to yell, curse, or cut someone off when they are speaking.
???? Speak clearly and slowly. Your words are being recorded, either by a machine or a person. If you mumble,
speak too quickly, too softly, or answer by shaking or nodding your head, the record will not be accurate.
???? Listen carefully to what everyone says in the courtroom and wait to speak until it is your turn. Take notes so
that you have a record of what the other party is saying and to help with your response.
???? Please do ask questions if you do not understand something or are confused about what you are required to
do.
a word about dress
Appropriate dress is required in the courtroom. You may not need to “dress up,” but it is important to dress nicely
and with respect for the court.
Here are some things not to wear:
• hats;
• sunglasses;
• t-shirts with inappropriate messages, muscle shirts;
• gang colors/gang attire;
• tube tops/plunging necklines/bare midriff;
• shorts.
If you are not dressed properly, the court may have you leave and come back another day.
when it’s all over
Please remember that the court is not allowed to be on anyone’s side, but must give everyone a chance to tell
his or her side of the story. It is unlikely you will get everything you want, whether you represent yourself or have
an attorney.
Almost no one is completely happy with the outcome of a court case, regardless of who appears to “win.” The
law may require the judge or magistrate to rule in a way that makes no sense to you; the law may prevent the
judge or magistrate from ruling in the way you want. If you and the other party in the case cannot resolve your disagreement
yourselves, for whatever reason, you will have to live with the court’s decision.
Once the court has made a ruling, that is the end of your case; you have had your chance.* Continuing to try to
persuade the court, or anyone else in the case, to do what you want will not help you, and it could get you fined or
put in jail. Regardless of the outcome, you should continue to treat the other people in the case and the court with
respect: be a good loser and a good winner.
_________
* In rare cases, you may be able to appeal a decision of the court.
Children in the Courtroom
Please do not bring your children to the courthouse, unless the court has ordered them to be present.
Children do not belong in the courtroom, where they can see and hear things that are hurtful, confusing, and
inappropriate for them. A courthouse is a dangerous and boring place for children.
If you feel you have no other options, you may call to find out if the courthouse you will be in has a children’s
play area. If so, you will probably need to also bring an adult who is not part of the court proceedings to watch
the children while they are in the play area.
This brochure is produced as a customer service by the Pro Se and
Customer Service Committees of the Colorado Judicial Branch.
3:02 am
Relocate to Atlanta
Just because you had a baby doesn’t explain why you were so behind on your rent. I was in a car crash and spent two week in the hospital, but my rent still got paid. I would kick you out to if you were behind on the rent. As far as the washer and dryer go, it will be an up hill battle for you unless you can prove they are yours. I have never heard of a credit card company not sending someone there records when they request them, they have to send the records or they could be in trouble. good luck.
11:31 am
Relocate to Atlanta
if you lose give them back the stuff you stole