Scenario: Lowly CreditNet-ite: Your honor I'm bring this suit under USC XXXXXX. The defendant has done A , B, and C to me. Here is the proof for each claim being made and here are all my attempts to resolve this issue before coming to the court. Defendant's Attorney: Habias Corpus Maximum Gludius Decimus Meridius ! Judge: Case dismissed.... NEXT! (case gets thrown out of court) ===================================== I've personally never been to Federal Court but I want to bring my slam dunk cases through there but I have a huge fear that the attorney will pull some fancy tricks against the inexperienced pro se and the Judge will sit there and let them INSPITE of much caselaw that states the court must interpret such conversations between attorney and judge as well as keep the playing field level (I'm paraphrasing here). What is one to do when 1) attorneys won't take your case because it's not enough $$$$ for them. 2) you have a good case but have fears of being out maneuvered by an experienced defense attorney 3) you have fears of being eaten for lunch by the defense attorney in court while he speaks latin and greek to the Judge. As seen by other posters here, you won't always get the fortune of small claims especially if your case gets bumped to federal. This indeed undermines the consumer protection afforded by consumer laws. 'Sure you can sue, but you better have the moeny to hire an attorney or you better be just as skilled as one' That is the implications that the courts give off when they let you become 'man candy' in the courtroom by the experienced defense attorney. Comments welcomed from those who went at it alone....
While your fears of being flim-flammed by a lawyer are certainly real, it is my experience that it just doesn't happen that way. Judges can see that some cases are just too small to warrant attorneys fees (most judges are lawyers and they know THEY couldn't make a fee worthwhile out of some cases). And judges, being human, can spot an uneven playing field when they see one. Just present your case - law, facts and remedy requested in taht order and don't worry about the lawyer there. The judge will restrain the other side's lawyer from taking unfair advantage. Actually, it may even work to your advantage. Here is a synopsis of a case I had earlier this year: I sued in small claims court. The other side hired an attorney and brought it to Civil Court. I had filed a consent with the Small Claims Court to allow the attorney to appear. The judge in Civil Court got upset that his Court's valuable time was being wasted on a $35 lawsuit. I explained to the judge that I brought the case in Small Claims, where it belonged and did everything within my power to see taht it stayed tehre. The lawyer apparently just wanted to show taht he was a lawyer and bring the case here. The judge looked in the file, saw my consent to appear and banged his gavel saying "Judgement for the Plaintiff" (me).
If they get it bumped to federal, your biggest problem is going to be the defense lawyers. Their the nasty ones, particularly against the pro se. I do believe intimidation is the strategy. I don't think you have to be concerned about the judge. I filed in fed. and the judge has been fair. Also, if they succeed on having the case bumped from small claims to federal, they might get the judge in federal upset with them for wasting his/courts time for having it removed from small claims in the first place. Which CRA is it?
A few years ago I had a friend to sue a corporation in federal court over an employment discrimination matter. She filed pro se. The judge actually appointed a court-paid attorney to represent her and the judge ruled for her and granted her $15,000 in damages.
