When arriving at court, one will go through metal detectors and body scans - so make sure to NOT have weapons when entering the courthouse. Past the scanners, often one can see a large desk sitting high with an officer or civil servant there. Ask them where the courtroom will be for the case while showing them the Summons. Arrive 5-10 minutes early, but always wait outside the courtroom until the next case/group is called. Sometimes one can go and sit down right away, but often it's very procedural.
BE POLITE TO EVERYONE (except the lawyer in private/mediation)! Shut up, be respectful and don't talk to anyone (even whispering). This is not criminal court this is civil court, one CANNOT go to jail! One CANNOT be put in handcuffs for standing up for their legal financial rights. Once one arrives in the courtroom, pick a seat, sit down and be polite. Wait until called. Remember who initiated the lawsuit, and it was not them! This means they are the DEFENDANT and you are the PLAINTIFF. Only a defendant stands to lose anything. One will simply be asking for proof of the alleged debt via the original WET-INK SIGNATURE. If they don’t have the proof, they are the ones in trouble.
Wait until the case is called and get ready. Sometimes they don’t even show up! If so, it’s a good day because one automatically win! If they do show up, both parties are always sent to arbitration to discuss a settlement. In the pre-hearing / pre-trial both parties will only have 5 minutes to go through their case (usually less)! When presenting, simply talk about ONE POINT ONLY, "Where is the original contract that was signed proving this debt belongs to me. I was told they had a copy, but an original must be presented or it's only a copy."
NOTE: If they clear the courtroom, as has happened with some of the cases involving this process, do not be unnerved, it’s just a sign one is doing something right. They just don’t want the beans to spill publicly about this giant fraud.
The lawyer AND the judge will both ask 101 questions, like:
Isn't this your account?
Didn't you use this money?
Didn't you receive invoices?
Didn't you get notices?
THE LIST GOES ON AND ON....
These questions are irrelevant, so reply by saying, "Your honor I respect what you're saying, but that doesn't have anything to do with the original problem. Where is the original contract and who has it? And if having an original doesn't matter, then would I be allowed to pay off a debt like this with photocopies of a $100 bill?"
Never answer other questions. If the judge gets angry, say, "I cannot recall at this current moment, so I shall not answer on that." Then simply ask to see the original contract and demand the original contract be shown in the next hearing.
Sometimes the judge will still rule against (yes, it's corrupt in the courts) but the victory has already occurred. One has wasted between $2,000 to $5,000 for that lawyer to represent their client in small claims. Now go back and enter another lawsuit, by simply citing a DIFFERENT STATUTE from FDCPA and FCRA, one is legally allowed to fight them again!
We've never done this more than (4) times before a law firm simply calls their client and tells them to delete the debt from the personal credit reports (and we're talking mortgages too).
While in arbitration, be very courteous and professional. There is only one question to ask, “What is your settlement offer?” Then work out the details of the settlement offer. If they do not have a settlement offer, continue with the rest of the package and keep going until they do settle. If the offer ever includes “agreement to never sue XYZ again”, do not agree.
NOTE: The original contract MUST contain a wet-ink signature. If it does not, it may not be the original. Again, anyone can create copies of paperwork - that doesn't make every copy LEGAL!