Small claims court. Like many wood flooring contractors, unfortunately, I've been there and done that more than once or twice! I have probably been to small claims court to collect money five or six times in the past five to six years. I lost one, settled one and won the rest. When I say won, I mean I won the case before the judge and collected the money owed. But, I also lost. I lost time, energy and more time.
I try to avoid small claims court at just about all costs, but there are times when it is worth the hassle. The first few times I was in court, what really mattered to me was the fact that I was right and they were wrong. I then had a case where I sanded and finished a 12-by-12-foot dining room that had existing 12-inch boards and huge gaps to go along with them. Some of the gaps were as big as 3/8 inch. The customer wanted us to fill them. I told her that we did not have filler that would look right or stay in a gap that wide. She said that she didn't care if some of it came out; she was adamant that she wanted them filled. I wrote on her contract, "We do not recommend filling large gaps; therefore we do not guarantee the filler in this job." She signed and dated the contract. A few weeks later, we refinished the floor and filled the gaps just like she wanted. Guess what? After a few months, the filler started coming out. She sued me and won. The judge told me that if I didn't think the filler would stay in, I should have refused to do it. I thought (and still think) that this was a miscarriage of justice, but it opened my eyes to the court system and the absolute power that judges have over cases. The lesson I learned from this was that who is right and who is wrong is not necessarily a factor in court, and if I couldn't take losing in court, then I shouldn't go there.
The judge told me that if I didn't think the filler would stay in, I should have refused to do it.
Once you decide you can stand to lose a case even if you're right, you're ready to go to court. There will always be that homeowner or builder who will not pay and/or be satisfied with your work or products. Before you take them to court, make sure that you have made every reasonable attempt to collect the money and/or satisfy them. I have found that the most important issue in a court case is documentation. Write down the date, time and what was discussed every time you contact or attempt to contact your customer. Written demands and requests sent by certified mail carry more weight with a judge than telephone conversations. Make a detailed timeline of the job, all conversations and all correspondence before the trial. Have all your documentation well-organized and have a copy of everything to give to the judge. Present your case in an organized manner and with a professional demeanor. This will keep you on track during the case.
Sometimes the scenes on television are actually calmer than the real thing.
Most importantly, while other people may let their emotions get the best of them, keep a professional attitude. I really didn't believe small claims court would resemble the television shows that portray them, but sometimes the scenes on television are actually calmer than the real thing. The manner in which you present yourself may mean as much (or more) to the judge than the actual facts of the case.
I worked in the hardwood flooring business for 20 years and never saw the inside of a courtroom. Unfortunately, these days it's just another part of my business and society as a whole. If you have never been to small claims court, consider yourself lucky, but prepare yourself for your inaugural appearance. I wish you good luck; hope the judge likes ya!
