Some states, however, do allow jury trials for small claims cases. In this setting, you would make your factual case to a group of peers sometimes five, seven, or nine people, depending on the court's rules. While the judge will still instruct the jury on the legal issues; for example, what it means to have breached a contract for services; the jury will decide, factually, whether the contract was actually breached.
These will be people drawn from your state whom you and the defendant have never met before. In theory, juries in civil trials provide an objective cross section of society. There is no definitive way of knowing whether a jury will be more or less sympathetic to you than to your contractor. As a general matter, many people have had experiences with workers or home-repair companies that have not performed as they promised.
For better or worse, people hold various negative stereotypes regarding contractors. If you have graphic evidence of the contractor's mistakes, such as pictures of your flooded basement or large photos of sloppy tiling in the bathroom, a jury of fellow homeowners in your community might be sympathetic. However, juries also tend to favor small business owners. If it seems like you're making unreasonable demands on a small business, the jury could quickly turn against you.
A lot tends to depend on word of mouth in cases to do with home repairs. If your contractor "presents well," that is, is a smooth-talker who has some charisma and is likely to charm a jury, you might be better off with a judge. The judge's experience means he or she is probably less likely to be smooth-talked. Presenting your case to a judge might also be preferable if the facts of your case are particularly thorny. A judge's experience and concentration might be advantageous.
In short, there is no definitive answer to the question of whether juries or judges are "better. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If the complaint is for summary ejectment eviction , this form can be used.
Specific forms also exist for Expedited summary ejectment related to a vacation rental agreement Enforcement of a possessory lien on a motor vehicle Recovery of a motor vehicle held for lien and to determine the amount of lien Recover motor vehicle to enforce possessory lien and to establish amount of lien Three copies of the Magistrate Summons.
Only the top portion of the first page should be filled out, including the names and addresses of all parties. This is intended to protect the legal rights of active-duty service members. If you are unable to afford the fee, you can ask to file your case as an indigent by using this form.
How do I serve the defendant with the case? Can the defendant be ordered to pay the court costs? I was served with a complaint in small claims court. What do I do? When will my court date be? If a plaintiff does not appear, the case will usually be dismissed. If a defendant has not been properly served with the summons and complaint and does not appear, the case must be continued for the defendant to be served. If the defendant has been properly served but does not appear, the magistrate can decide the case without the defendant being present in court.
Can I get a continuance? What if I want to dismiss my case? Are there trials in small claims court? Do I need to hire an attorney for small claims court? I am not an attorney. Can I represent my business in small claims court? Where can I find resources to help me prepare for small claims court? What can I do if I disagree with the outcome in my case in small claims court?
What happens when the case goes to district court? What is a judgment? After obtaining a money judgment, how is the judgment paid by the other party? The prevailing party must wait for the day period to appeal to district court to pass before beginning the formal collections process for a small claims judgment. If notice of appeal is not filed, the judgment is final.
A party who has a judgment against him or her may have a right to keep certain property from being taken to satisfy the judgment. A prevailing party may be required to serve a Notice of Right to Have Exemptions Designated that is issued by the clerk of superior court, along with a Motion to Claim Exempt Property , on the other party.
This allows the individual to protect certain basic property from being seized and sold to pay the judgment. The other party has 20 days after he or she is served with the notice and motion to file the motion to claim exempt property with the court or request a hearing before the clerk of superior court.
An attorney can assist a party in filling out the motion to claim exempt property. See the Find an Attorney Help Topic for a list of organizations that provide free legal services to people who are unable to afford an attorney.
If a prevailing party objects in writing to certain property claimed as exempt in the motion, a district court judge will conduct a hearing to determine what property is exempt. Constitutional exemptions may still be claimed using this form. What if the sheriff cannot locate property to satisfy the judgment? How should judgments be paid? Can I be arrested for not paying a judgment? Can I have a jury trial in Small Claims court? How many people on the jury?
The size of the jury is a bit uncertain right now, thanks to a recent court case, but a person jury should be possible. The right to a jury trial is guaranteed for almost every kind of court case. The one exception is for family-law cases, like divorce or custody cases. The original U. Constitution—before any amendments—just guaranteed a jury trial in criminal cases.
It took the Bill of Rights to establish a right to a jury trial in civil cases. To get a jury trial, you must request it ASAP. Until , you could choose either a 6- or person jury in civil cases. Then, the law changed to say you could only have a 6-person jury. Getting a 6-person jury if you wanted one may be trickier since the law that permitted that was erased in All jury decisions in Illinois must be unanimous.
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