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Most small claims court matters are fairly simple and most of them need only logic and a basic knowledge of the relevant laws to decide. An example of such a case would be when someone threw rocks through your window and shattered it, and then did not reimburse you. In court, if you have witnesses, pictures, and the receipt to fix your window, almost anyone would agree the rock thrower owes you (at least) your cost of repairing your window. This article is my opinion and is not, legal advice. I'm the judgment broker, and not a lawyer. If you need legal advice or a strategy to use, you should contact a lawyer. As most small claims cases are fairly easy to decide, and as the amounts in dispute are relatively small; in some states, small claim courts can install a Pro Tem judge, which saves the court money. Pro Tem (the full name is Pro Tempore) judges/commissioners are usually lawyers that have agreed to be temporary judges in small claim courts. Full-time judges most often have black robes, and Pro Tems most often have brown robes. When there's a Pro Tem judge at a small claims court, usually everyone is given a form where they're asked to stipulate (agree) for their matter to be decided by that Pro Tem judge. The document is very often called something similar to "Stipulation for an Appointment of Court Commissioner to act as Temporary Judge". The majority of people should confidently sign Pro Tem agreement forms. Pro Tems (rent-a-judges) are perfect for common matters. But, in judgment collection circumstances, some Pro Tem judges don't completely know the spirit and the letter of laws about judgment enforcement. Some Pro Tem judges have never heard of affidavits of identity or assignments of judgment, or how to handle contempt matters when judgment debtors don't comply. Recently, I heard where one Pro Tem small claim courts judge didn't permit interest to be added to a judgment debt, that California law specifies as, ten percent interest each year. Certain judgment enforcement specialists do their best to not stipulate to Pro Tem judges hearing their cases, and demand that a full-time judge or commissioner. If there is no choice, they make sure they bring copies of laws relevant to the matter, to show to the Pro Tem in case they don't know all the post-judgment laws. Of course, there are a lot of good Pro Tem judges out there. Small claim courts are usually crowded, and you may have to wait for an hour before your case is called. Some judgment enforcement experts watch how the Pro Tem judge handles things, prior to stipulating to that Pro Tem hearing their case. Some judgment recovery specialists arrive the day before, and watch the Pro Tem in action. When you see that the Pro Tem judge does not seem to know post-judgment laws; when your matter is called or when you sign in with the court, you could say something like "Excuse me, before we begin, I would like the court to know that I do not stipulate to having the case heard before a commissioner and respectfully request the matter be transferred to a court room where an official judge presides; and if a judge isn't available today, please schedule one within the next 15 days". As one would expect, when you're speaking to any judge, always begin by saying "your honor". Then, listen for what the Pro Tem judge says. If they say something similar to "There are not any judges in this court house.", then say something similar to "Then your honor, I respectfully request that if a judge can't be brought to this court to hear this matter, then please transfer this case to a courthouse where it could be decided before a judge, as per to Code of Civil Procedure section 259(d)". What will happen after such a request is made cannot be predicted, either that Pro Tem judge knows the laws or not. If they don't, they will most likely look for it. They might say "Kindly have a seat, we'll handle this matter during the recess." If the judge says something similar to that, respond with "For the record, your honor, will the court please order the debtor, Mr. Dan Debtor, to stay in the courtroom until the court makes its order as to where this matter will be decided?" The Pro Tem judge will likely then address your judgment debtor and say: "Mr. Dan Debtor, you are ordered to remain inside the courtroom, except for bathroom and water breaks, until this court determines where the case is to be decided." If that Pro Tem agrees to the request, it doesn't matter if the judgment debtor themselves have already agreed for stipulation to use that Pro Tem judge; as if one party won't agree to stipulate, then there's not any stipulation, and the matter usually cannot get heard by any Pro Tem judge. In California, that situation is defined in Code Civ. Procedure section 259(d). As one would expect, stipulation procedures depend on which court. At some courts, you must sign their consent/acceptance form before all cases are decided. By the time you notice a problem, you're locked in. With this kind of circumstance, when you get your document, you might be successful in explaining to the bailiff that you wish to watch how the Pro Tem handles things before agreeing to stipulate, and this may work. Most often, all people need to sign the Pro Tem stipulation form every time they appear in court. Mark Shapiro of: http://www.JudgmentBuy.com - Your fastest and easiest free way to find the right expert to buy or recover your judgment.
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