This month’s column is a continuation of the last. Our hypothetical plaintiff has initiated a lawsuit in Justice Court against a computer repair company for a job it botched up. The plaintiff has filed his suit and received an answer to the lawsuit from the defendant. The Plaintiff has also received a trial date from the court and is preparing for trial.

Q. O.K. I have organized all of the exhibits I have, such as my receipt, repair bill, and filing fee receipts. I have also notified my witnesses of the trial date – all I have is one, the guy who ultimately fixed the defendant’s mistakes. What else should I do?

A. Watch Law & Order or The Practice. Actually, as silly as that sounds, a little TV acting might give you a better idea how to handle yourself in front of a jury – just don’t follow TV lawyers too much. One thing many lawyers do to prepare for trial is develop a theme to their client’s case. In Justice Court, trial themes almost always revolve around the little guy versus the big company. That sounds like the best theme for you. Think about the facts of your case and try to deliver an opening statement in front of family and friends which relates your facts and your theme in a simple and concise manner.

Q. I have my theme and opening speech together. What else should I do?

A. Perhaps the most important thing you can do is go down to your Justice Court when it is in session and watch how the judge handles cases. That way, when you show up on your trial day, you will know exactly what you can expect. Surprisingly, lawyers rarely go and observe the proceedings in the Justice Court in which their client’s case is assigned and they are often sorry. Judges in Justice Court can proceed on cases in almost any way they see fit, so it is important to learn how each judge operates.

Q. I have watched the proceedings in my court and it seems pretty standard. I was surprised to know that there are many other cases set for that day. Basically, the parties could submit questions for the judge to ask potential jurors and then she picked the jury from the people who gave the best answers. Then, the parties did opening statements and questions were asked of witnesses. Finally, closing statements were given and the jury made a decision. I think I am ready. Any last suggestions?

A. First, be yourself in there. Jurors are real adept at spotting someone they think is hiding something or lying. Sometimes just appearing nervous can make a juror wonder if you are telling the truth. Next, treat everyone with respect. That means the witnesses, jurors, the judge, and even your opponents. Jurors don’t like plaintiffs without manners. Finally, speak from the heart in language everyone can understand. Don’t try to learn fancy legal terms or talk down to jurors as if you have learned something about the law that they don’t know. Even experienced trial lawyers consistently try to keep legal terminology out of their jury arguments. Tell your story like you would tell it to your neighbor without getting personal. Good Luck.

Q. Well, I did it. The whole thing, start to finish. It was actually kind of fun. I might just go to law school. The jury said that I should get $550. I asked the defendant to pay it after the trial and he refused. What can I do?

A. Congratulations. You now have one more jury verdict than a lot of trial lawyers. Lawsuits in district court and county court at law rarely get to a jury. The first step in getting paid after you win is to make certain that the jury verdict was accepted by the judge. In order to do this, you should contact the court clerk and make sure a judgment was entered. It is very important that you get a judgment – right now you only have a verdict. A judgment is the only thing that you can collect on.

Q. I have a judgment, what now?

A. First, you should wait ten days after the entry of the judgment. The reason for your delay is that a defendant in Justice Court has ten days to file an appeal to county court at law and you cannot collect on your judgment until that time has elapsed.

Q. What if the defendant files an appeal?

A. To file an appeal from Justice Court, the notice must be filed along with a bond in the amount of the judgment and then some. It depends upon the situation. If that happens, you will have to go try your case again, like it never happened before, in the County Court at Law. This time it will be more formal and you will probably want to try and hire a lawyer, but you have a right to go it alone if you want to.

Q. The ten days just passed and I checked with the clerk and no appeal was filed. How do I get paid?

A. This question is best answered by your court. Generally, you should request an abstract of judgment from the clerk. You will have to pay a fee to get it. You should file the abstract with the County Clerk, not the District Clerk. This will create a lien against some of the property held by the defendant. That usually gets their attention, especially after you mail the defendant a copy of the filed abstract of judgment. If that doesn’t work, you will have to file a writ of some type. There are several different kinds and you can only use some of them in certain instances, but usually the court staff will help you if you are nice.

Q. I talked with the court staff and they helped me get a writ of sequestration. The sheriff went over to the defendant’s shop and got some cash from the owner. He said he was going to get some computers to sell but the defendant didn’t want that, so he just paid cash. I now have all my money back.

A. Good. I hope you found the experience worth the effort. Many times, people go through what you have and they find that it just wasn’t worth it. Sometimes, as you found, it can be a little fun. You will certainly be less intimidated if someone else wrongs you in the future.