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JimLawyer, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 14358
Experience:  Senior Associate Solicitor
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How does small claims court become satisfied who is in the

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How does small claims court become satisfied who is in the right apart from documentation such as a witness expert report? I am trying to make sure I present the right evidence and also aware of the pitfalls and excuses the other side may present

Hi, a judge looks at the evidence in a small claim and if it can be decided on paper then the court will do this. If not then a hearing may be necessary and the claimant and defendant are questioned. The judge looks at the evidence provided by you both - if the claimant can prove their claim against the defendant then the claimant wins. If the claimant's evidence is poor and does not overcome the burden of proof (51%) then their claim fails. Likewise if the defendant's defence has merit and casts doubt on the claim.

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Customer: replied 1 year ago.
Ok thanks