More Articles...

Imagine being a lawyer like those on "L.A. Law" or "Boston Legal," where opposing counsel quakes when you walk into the courtroom.

buy cialis jellycialis generic vs brand discount viagra online buy cialis overnight delivery
argaiv1123

How great would it feel to crush your opponent and win your case?

Most of us don't have the funds or legal know-how to pull off a dramatic courtroom exchange like those on TV. But there is always small-claims court.

Small claims court was established to provide equal public access to the courts. This addition to the judicial system in the 1960s ensured that everyone would be able to have their day in court to solve modest monetary or property disputes.

In my many years of business, I have used the small-claims court numerous times. I have gone up against banks, architects, distribution companies and many others that I felt treated me unfairly.

Small claims court is a great tool for the underdog, allowing people to take on other individuals, large companies and anyone in between without having deep pockets.

The idea of taking someone to court may seem overwhelming, but the court system really has tried to break down the process to make it as simple as possible, says Denver County Court Magistrate Alan Bucholtz. He penned a municipal brochure called "Small Claims Handbook: A Guide for Non Lawyers." It walks citizens through the filing process including which forms to fill out and how to serve the defendant.

One of the biggest mistakes people typically make? "Not carefully reading printed documents and not reading the handbook," Bucholtz says.

It's also key to realize that once you file against someone in small-claims court, those people can in turn countersue you. In my experience, many people use this as a scare tactic with hopes that you will back down from your claim. But if you are prepared for this, you needn't be swayed. Judges see defendants try this tactic daily.

On the chance that you are liable for some part of the issue, you should know that there is a possibility the counterclaim will win out. And if this happens, you could walk away having to pay a settlement instead of receiving one.

The idea of going to small-claims court can seem exciting and gratifying. But also know this: Winning may not necessarily require going before a judge. I have settled half of my small claims without having to step in an actual courtroom because many people try to settle with their opponent long before their court date. While that doesn't always work, it is definitely worth a try.

If you can't settle before your court date, you also can try again just before stepping in front of the judge. Simply ask to chat with the defendant outside the courtroom with hopes of finding a middle ground. This is a good idea for several reasons. First, most judges will ask if you have tried to settle before coming to court. Being able to say that you approached the defendant in a reasonable fashion will make you look good.

Second, you never know what's going to happen when you're in front of a judge or magistrate. You may think you have a solid case, but you could still easily lose.

And third, you may deserve everything you're asking for, but it's better to get at least part of your settlement as opposed to nothing at all. If you can settle for most of the money you wanted and/or get your property back, to me that still qualifies as a win.

Considering a small claim?

Contact the Better Business Bureau before you file to see if they can help you with your case.

• Do your research. One of Denver's top attorneys, Victor Sulzer, recommends "Google-ing" Colorado law on any legal topic you have questions about. For example, "If you are going to court over a security deposit, you have to know your rights under the law."

• Go to a small-claims hearing a few days before your own court date to get an idea of what you're in for. You might even see a good idea or tactic that you could use for your own case.

• Always show up 30 minutes before your scheduled time.

• When filing, keep all your paperwork including proof of when you have served the defendant with your claim.

• Make sure you dress appropriately; T-shirts, shorts, tank tops, hats and tennis shoes are unacceptable court attire.

• Bring all case documents to court and make sure you have made at least three duplicates of each one — the court will request an extra copy for its files.

• When someone is writing you a letter regarding your case, make sure you get it notarized. Un-notarized letters are usually not accepted or hold very little weight in the courtroom.

• Any photographs or items that could help prove your case need to be brought to court with you, i.e. photos of damage from a car accident, e-mails, bills and statements.

• Be sure you talk with any relevant witnesses to the case beforehand. Go over exactly what they are going to say to avoid having their testimony accidentally hurt your case.

• Facts will win the case. Opinions and conjecture will only lead to a defeat.

Aaron LaPedis is a Denver-area art and collectibles dealer, and the author of "The Garage Sale Millionaire." For more information on the book, visit thegaragesalemillionaire.com. Do you have a question for the Aaron? E-mail it to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

I love a good antique fair.  Especially the ones that have different booths that sell great items. The Rocky Mountain Antique Fair is that kind of the event. On top of that I will be giving tips on how to make great finds at these fairs and how to than profit from going to them. The event is Labor Day weekend. For more info go to www.rockymtnantiquefair.com. My speaking time will be Sept. 3rd at 3p.m. and the 4th at 11:30. At the end of each talk I will be selling and signing my book. Look forward to seeing everybody there.

Happy Hunting,

Aaron

What is the one way you can make money and clear clutter at the same time? Have a yard sale or garage sale. Not just any sale but one that will clean out your home and fill up your bank account.

When I was 7, my mom helped me with my first garage sale. Back then, I thought it was amazing that you could put stuff you didn't need or use out on the lawn, and people would give you money for it.

We did so well during that first garage sale that we ran out of stuff. So when Mom left to make lunch, I went back in the house to hunt for more things to sell!

I've held more than 50 garage sales since then. So I can attest to the fact that, especially during the summer months, yard sales and garage sales are easy to host and can make you some money.

And that's just one reason people such as Randy Mason become garage-sale junkies. The Denver finance executive says he's been hooked on these events for 20 years, and not just because of the bargains.

"It is a very social affair," Mason says of the garage-sale scene. "It is a great way to meet people that you would have never met."

Tips from a pro

First, pick a date. My experience is that the most effective garage sales are limited to just one day. And that day should be a Saturday.

Determine your hours of operation. The old school of thought was the longer the sale, the better. But I recommend beginning at 9 a.m. and ending at 4 p.m. Just remember: Some shoppers will arrive before your posted start time. The hard-core garage-sale junkies are always out early to get the best picks.

Go room to room and closet to closet to find anything you don't use. My rule of thumb: If you haven't used it or worn it for a full year, you probably don't need it. So sell it!

Make at least 20 signs and place them around your neighborhood. Great locations for signs include library parking lots and exits, grocery-store parking lots, and busy street intersections.

Go viral. A week prior to the sale, invite all your friends on Facebook and LinkedIn, and place a detailed ad on Craigslist. There's also a new free website called Tag Sell It (tagsellit.com) where you can advertise your garage sales and see other sales happening in your neighborhood.

Enlist sale volunteers. Ask friends and family for help. The more helpers you have, the easier it will be for you to manage transactions.

Set up a lemonade/cookie stand at your sale. Your kids can run it for you. This teaches them the value of money and allows you to keep an eye on them at the same time. If there are no kids available to run the stand, look for a local charity that would like the opportunity to make some extra money. Why bother with snacks? They keep people at your sale longer, and the longer they stay, the more they spend. Guaranteed. Music also can encourage shoppers to linger.

Get plenty of change from the bank.

Have extension cords handy to use if you have any electrical items for sale, in case someone wants to see one work.

When conducting transactions, negotiate, but don't be too greedy. Price things to sell. The goal is to sell your stuff, not for it to take up room in your garage. Remember, the car wants back in the garage!

Donate leftover items from the sale to charity. Not only will this keep the stuff out of your garage, you will get a tax write-off from the charity and it will help people in your community.

I have made thousands of dollars at garage sales, met great people and had fun doing it. Now go forth and sell!

Aaron LaPedis is a guest columnist. The Denver-area art and collectibles dealer is the author of "The Garage Sale Millionaire." For more information on the book, visit thegaragesalemillionaire.com.

What do the end of Colorado's ski season and the conclusion of the college school year have in common?

A way to make money — but not for the skier or the college student.

We live in a very wasteful society. The individual who believes that one's person trash is another person's treasure is the one who can pocket extra dollars this time of year.

Searching and gathering this loot could have you going down alleys and looking into trash bins, which isn't for everyone. So, if you are the kind of person who doesn't enjoy getting dirty while going through other people's trash, this money- making idea is not for you.

Read more...

ShareThis

Order the Book!

orderbook

Get Free Checklist

Sign up for our FREE
Email Newsletter and Get Garage Sale Check List
Enter Email Below


View My Blog!

View our Blog