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Dear Karen,
As a community service, the Law Offices of Karen M.
Riggio, LLC publishes a complimentary e-newsletter
designed for business owners and independent
contractors. Each month, we offer valuable tips and
practical, real life answers to today’s common
contract issues and collection problems.
Feel free to e-mail
us your suggestions for future
articles.
Karen M. Riggio
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Tip of the Month Steps to Success in Small Claims Court
Customers, suppliers, subcontractors... these are the
very people that business owners rely upon, but they
can also be the source of unfortunate legal
disputes. Customers may not pay their bills;
suppliers may deliver sub par goods; and
subcontractors may leave work unfinished.
In Connecticut and New York, small claims courts can
resolve disputes up to $5,000. The key to winning
your case in court is to show up with strong
evidence that supports your side of the story. Here
are a few tips to consider:
- Details, details, details: Be sure your invoices
and statements have the correct amounts, totals,
invoice numbers, complete names, address, payment
terms, dates, and description of work performed or
products sold.
- Bring your contract or other written agreement to
court. If you do not have an official written
agreement, there are other types of evidence that
might help you prove that you had an agreement.
(For example, a letter discussing an agreement or a
receipt might convince the judge that a contract
was made, even if you do not have it all down in
writing).
- Valuable evidence is also available in your
business books. (For example, you can show the
original charges, the date they were made, and any
payments made towards the current balance).
- Copies of checks showing payments made or
bounced checks are also very helpful.
- If there is any damage, a paid bill showing the
corrective action taken or two estimates must be
brought to court.
During the small claims court proceedings, both
parties will have their say; and it will be up to the
judge to decide. Remember correct, consistent
information is vital to your attorney... to build your
case and demonstrate your business credibility. In a
dispute over an unpaid bill or installment payment,
your detailed and accurate documentation will help
to provide convincing proof to a judge.
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Since 1983, Attorney Karen M. Riggio has helped
thousands of clients create clear and concise written
agreements and avoid potential business disputes.
Her practice concentrates in business and
commercial law, and provides experienced legal
counsel in contracts, debt collection, dispute
resolution, and real estate. For more information,
call 203-968-8715 or visit www.kmriggio.com.
© 2006 Law Offices of Karen M. Riggio, LLC
Concentrating on Business and Commercial Law Connecticut • New York
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