101 Ways to Stay Out of Court

Book excerpt: Each of us navigates dozens of little daily situations that accumulate into the literally thousands of understandings and agreements that we will make and receive during our adult lifetimes-and which, for the most part, happen without a hitch. From time to time, however, things don't go as planned, and when that happens, life's little legal landmines get our attention. You love your dry cleaner...then he loses your favorite suit. That oak tree in your neighbor's yard provides great shade for your barbecues...until it falls through your roof. You've been looking forward to your vacation for months...but the airline oversells your flight and you find yourself booted. You've clicked that innocuous "I Agree" button, accepting the voluminous terms for a new computer program dozens of times...but this one winds up crashing your hard drive. These and the other daily little legal landmines you'll find in this book explain why even when we're totally innocent and minding our own busi-ness, we can still find ourselves in the blink of an eye in small claims court. Folks have become so accustomed to threatening to "take you to court" that the accessibility of small claims courts may be part of the reason we sometimes don't try hard enough (or often enough) to resolve smaller disputes amongst ourselves. Make no mistake, courtrooms are not always level playing fields. To be totally blunt, what actually happened doesn't even matter; the only things that matter are what you can prove to the judge's satisfaction. If the judge feels you can prove the steps or elements needed to win, you will. If she doesn't, you won't. Only the judge's opinion matters. Because you never know for sure what the judge will think, you can never be sure what your outcome will be. Period. But let's say you go to court, win, and can actually collect what you're owed. Doesn't that make going to small claims court worthwhile? Do the math. After all the time, emotions, relationship damage, and cold hard cash, even a win can still be a net loss. And there's a reason for that: our court-rooms were never meant to be a forum for resolving every little legal landmine. Thinking about suing in small claims court? Think again, because the chances are you won't get the money you want. - Less than a third of lawsuits result in the person who sued re-ceiving the full amount of money they sued for. - One in five people who sue for money get less than half of what they sued for. - Over a quarter of people who sue for money get no money at all. So why not do everything you can to try to work it out, and stay out of court, in the first place? For most of us, steering clear of small claims court requires only three things: knowing how to spot life's little legal landmines; understanding a few basic legal concepts; and applying simple negotiation strategies. 101 Ways to Stay Out of Court covers all of this simply and quickly. Learn what type of case or 'cause of action' your claim falls under and the legal 'elements' you'll need to prove in order to win. Then learn some basic but highly effective negotiating strategies to help cinch the deal and what you need to know about mediation, a cost effective alternative to taking someone to court. The legal landmines included in this volume 1 are smartly organized into three sections based on when and where they typically occur; in your home, while you're shopping and running errands, and in the course of your travel, transportation and entertainment. In the Appendix you'll find a handy reference guide to help you navigate virtually any other legal land mine you may encounter!