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 Small Claims - Defendant If a person is suing you for providing defective services, the key thought throughout this case should be that you performed according to what a reasonable person would have done. You should try to convince the judge that your services were not defective, and that no one in the world except plaintiff would have complained. This is an especially effective approach in services contracts, where degrees of satisfaction and/or personal opinions matter. How do you do this? First, determine whether the plaintiff has or has not performed all of his/her obligations, for example, has he/she paid you in full? If not, be sure to ask the judge for any money owed to you or the return of any goods owed to you. If you are using this approach you may not be able to attack the existence of a contract. Remember, however, if it is beneficial, attack the existence of the contract. Assuming that a contract exists, you should introduce any evidence of all writings that support your claim that you performed the services in full. Be careful to give thought to how you describe the services to be performed. Don't just use the plaintiff's definition of what was to be done. Explain it yourself to the judge. Point out that your understanding is different from plaintiff's and how you believe that you did perform all that was required. Again documents to describe your version would be helpful, even if they are not conclusive. Any statements that the plaintiff made during the performance of the services that help your case should be brought to the judge's attention. Usually these will be spoken comments, and the judge may allow you to bring in a witness who actually heard what the plaintiff said. These statements, while sometimes not admissible, may be allowed in certain instances. Of course, if the plaintiff wrote any notes down and you have originals or copies of those and they help your case, be sure to bring them with you. Any changes in plans or earlier revisions of contracts or other items can often help your case. Sometimes the judge will not allow these, but be prepared and have them ready and offer them to the judge when it is your turn. If you made any notes and you changed certain things, keep copies of these, as these may be introduced to help the judge determine what the parties meant to agree to, and whether the plaintiff is claiming a defect to avoid paying. Or, if you and the plaintiff both agreed to different items than those specified in your agreement, point these out to the judge if they are beneficial. The judge may find that the original agreement, even if it is in writing, might have been modified by your conduct. Often, the judge will allow the plaintiff to bring in certain witnesses who may testify about certain things, such as whether an automobile was actually fixed. You too can often bring in witnesses to show that what you did was proper and according to industry standards. Do not overlook this aspect of proof, but remember to bring in someone who appears to be objective and may not have any prior relationship with you, even if you are in the same industry. An excellent example might be a competitor; however, be careful the competitor doesn't tell you one thing and then say something on the witness stand to actually help the plaintiff. You want objective witnesses, not subjective witnesses or witnesses with a grudge against you. The key focus of defense will be on the fact that you did the work and that the plaintiff was expecting "miracles". Judges may not award any money damages to a plaintiff who is unrealistic or unreasonable. Points to Remember
Warranty Breached When you are defending a case where it is alleged that a warranty has been breached, you might first attempt to refute the existence of a warranty. This can be done in several ways. First, you can argue that the warranty is expired, or that the warranty was not valid at the time of the incident. Obviously a warranty in writing would not be subject to too much dispute as to its date of expiration. If it contained a phrase of "one year from the date of purchase" arguments can be made, if they will help you, that the date of purchase may not be the date which the plaintiff is claiming. [Of course, if the dispute arises after one month of a one year warranty do not make this argument and waste the judge's time. Make arguments only if they will support your case.] Date of purchase might mean the date the plaintiff first came in for work, or the date the plaintiff actually paid, or the date the plaintiff's work was actually completed. Analyze all of these and if they help to prove no warranty may exist, argue them to the judge. Of course, you can also argue that the warranty was breached by conduct on the part of plaintiff or other person. For example, using the wrong oil often voids a warranty for a rebuilt engine. Maybe the plaintiff does not even know this. Point this out to the judge. If the warranty is likely to be found to exist, then focus on the language of the warranty. Is it limited in any manner? Or, make sure the plaintiff has the right warranty. It is the plaintiff's job to have the right warranty to show the judge and if he/she does not, you may not have an obligation to bring the warranty into evidence. The judge will focus on the language in the warranty, so it is helpful if you can address the language and attempt to interpret it for the judge. Of course, if you can bring an independent witness to court who is familiar with this area and he/she can testify that your interpretation is proper, this may go along way to helping you win your case. Remember to keep the witness as objective as possible. Points to Remember
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