By Pamela Yip
The Dallas Morning News

Dallas (MCT) — "Give me my money back or I'll sue!"

Nearly everyone, at some time, has at least thought about trotting out that trump card in a dispute with a merchant, neighbor or former friend.

And it's good to know that small-claims courts are there to handle such disputes, even if most people never follow through with the threat.

But how do small-claims courts work? Do you need a lawyer? What are the strategies for success, and what are the pitfalls?

The process is designed for regular folk to get disputes resolved without having to hire a lawyer.

"Small claims are effective because people get to tell their side unencumbered by technical rules that might defeat their cause," said Justice of the Peace Al Cercone of Texas.

But consumers can't expect justice to be served unless they can present a strong case backed up by evidence and witness testimony.

"They want you to see this picture, but they can't paint it for you," he said. "They didn't bring the paint, the canvas, the brush."

You don't need a lawyer, and few lawyers take small claims because there's not much money involved.

But if you're considering filing a claim, it helps to be able to think like a lawyer.

The first thing to do is to try to remove your emotions from the case. You need some clear thinking. Simply filing a lawsuit can give you a sense of victory over your opponent, but it can also wind up hurting you more.

"You have to think about, 'What's worth my time and my effort and going through the paperwork and the filing fees in case I lose,'" said Emily Doskow, an attorney and editor at Nolo in Berkeley, Calif., which publishes legal guides. "How much money's involved is going to be a big factor."

If you can't resolve the dispute without suing, and you think you have enough solid evidence and time to devote to it, then start building the case in your mind.

Gather all records, canceled checks, contracts and other pertinent documents to present.

"Think about how to put them in order so that when you're telling your story, you can hand them to the judge one at a time," said Mary Spector, an associate professor of law at Southern Methodist University. "Putting it in chronological order of what happened may help the person appear more organized and more comfortable speaking to the judge."

Practice what you're going to say. One of the biggest mistakes that participants make is hurling allegations they can't support with evidence.

"Don't tell me they're a liar. Prove they're a liar," Cercone said.

While the proceedings are designed to be informal, that doesn't mean you shouldn't treat the court with respect.

"When you go to court, part of the strategy is how do you look, how do you present yourself, does the judge like you," said Steve Bruneman, a family law attorney who's handled small-claims cases. "The key to any of those courts is getting the judge to like you and to like your case. You're going to do better if you look good, sound good and you're respectful."

Distributed by McClatchy-Tribune Information Services.