Anyone considering legal action against another party, even in small claims court, should not expect a 15-minute “Judge Judy” resolution. Real-world litigation is extremely deliberative. The process is designed to justly restore and compensate aggrieved parties, but only after a prescribed series of events.
Do you have a case? If so, is it worth pursuing? Before rushing to court, educate yourself with the information below, especially the linked materials from the State Bar of Wisconsin.
Retaining the right legal counsel can mean the difference between courtroom success and failure. The veteran litigators at Krawczyk, Duginski & Rohr have successfully argued cases in courtrooms across southeastern Wisconsin. If you’re serious about going to court, contact Gary J. Krawczyk, Michael W. Rohr, Matthew J. Krawczyk or Brian A. Romans to put together a winning strategy.
Hiring a Lawyer, and Working with Them
The law is complex and changes regularly. You can represent yourself in court, but might put your case at significant risk. A lawyer can recognize legal problems, situations and remedies. At the initial meeting, the lawyer will explain the legal processes involved, how the case should proceed, and clarify the fee arrangement. Moving forward, be honest about the facts of your case, respond promptly to the attorney’s requests for information, show up for appointments, and be patient while the legal process works.
Small Claim Cases
Generally, claims of $10,000 or less are decided in small claims court. Filing a summons and complaint is the first step, followed by serving the summons and complaint upon the defendant. Fees apply to both measures. If the case isn’t resolved at an initial court date, a hearing is scheduled (likely before a court commissioner), where evidence can be presented and witnesses called. A lawyer’s involvement, or at least guidance, is often advisable.
Landlord and Tenant Disputes
Well-defined laws govern the business relationship between landlords and tenants. Guidelines for evictions, ending tenancy and managing security deposits are all spelled out. A written lease is always advisable to get details under contract. The parties might find themselves in small claims court if, for example, an eviction is sought, or a dispute erupts over return of a security deposit.
Suing another party is never a decision to be made lightly. Before taking a step inside the courthouse, consult a civil litigation attorney at Krawczyk, Duginski & Rohr. Understand exactly what you’re taking on … because it’s nothing like TV.