Someone sold me an illegal copy of RosettaStone on craigslist. I've decided to take him to small claims court. Prepare?: I've called RosettaStone and the customer service department determined that the key code does not exist. And, the version of the set-up disk was only available for download (never hard copy). I have proof of the craigslist ad, the seller's e-mails to me and proof of phone calls to my home. Also, the seller actually brought the item to my house...which is in a neighborhood that is monitored by cameras, so I have proof that he was here. I'm taking him to small claims court (he has been served). I've never been to court before and was wondering what to expect? What should I have prepared? Thank you for any help and suggestions.
Hasti's answer: Congrats on filing and serving your small claims complaint and summons! It is crucial that you prepare for your case as you do not want to waste the sweet time and effort you have already devoted thusfar; not to mention you deserve your money back. First things first, you are not allowed to bring an attorney to small claims court with you, therefore you must be prepared to present your case in front of the judge. Here is a list of steps to help you with your preparation: 1. Serve any witnesses you will need to call to testify with subpoenas. The best way to serve your witnesses is to pay the Sheriff to serve each subpoena. This must be done at least two weeks before the trial date, and sooner if possible. Do not forget to bring to court the Sheriff's proof of service of each subpoena, as you will need this if the witness fails to appear. 2. Create a file of all the evidence you intend on using at court. This may take the form of documents, audio, pictures, etc. Don't forget to take your proof of service for the complaint. Make sure to have three copies of each exhibit (# your exhibits) because you need one for the judge, the other party, and yourself. You should also take notes to help you present an overview of the case to the judge. 3. Call your witnesses and ask them pertinent questions to make your case. Do not be scared as small claims court is very informal and you are not required to create some examination scene you typically see on television. Just ask open ended questions that work to your benefit. 4. Cross-examine your opposing party so that you can fill in any blanks or disprove any of their statements. 5. Also, a week prior to going to court, I recommend that you write a letter to the opposing party seeking to settle the matter to avoid going to court. If this does not work, call them the day before. Often times, people are scared of going to court or have other things to deal with, and they will give up the day before and just settle. Also, keep in mind judges try to push people to settle. So you want to bring it up to the judge that you made several attempts to settle the case but the other party would not work with you. In fact, there is a good possibility the judge will send you outside before the case, to show eachother the evidence you plan to submit to the court and attempt to settle the matter yourselves. 6. Don't forget to dress appropriately and be courteous to everyone in the courtroom, including the opposing party. Now, with respect to your specific case, I recommend taking a printout of the craigslist, a copy of the receipt, prinouts of the emails, and a letter from RosettaStone stating the code does not exist and if you can, get RosettaStone to state that the cd is a fake. 4. As for the video, you should download this onto a dvd and a USB stick and take a DVD player to court with you. In fact, I suggest calling the court and asking what the Audio Visual situation is there. Hope my answer helps and I wish you the best of luck in court! Hasti Daneshvar, Esq. Law Offices of Hasti Daneshvar