Gotta go before a Magistrate - so, what happens?

[2ManyPimms]

The short of the story is that I brought a small claim against my ex-landlord for money she withheld from our security deposit. Now, the *** (sorry, she really has me annoyed) has put in an defence which is peppered with lies and half-truths. Unfortunately, I can't prove it.

Soooo.....now I have to go to Canterbury to appear with this *** before a Magistrate and am bricking myself. I am so worked up and angry with ex-l that I could throttle her.

What happens at a hearing? Is it similar to a regular court case? Is there a bouncer there so they can restrain me when she lies?

Grrrr...angry and annoyed.

Oh you need COD - she's a magistrate - but on a break I think !!!

I think throttling her could look bad against you - I would go for being the one in a suit looking like a very professional and upstanding member of the community and leave the brawling to her !

Calmness would be best - do not let them see that she has rattled you ! Just calmly and sensible explain the real situation. Do you know in advance what she will say - could you have any evidence that disproves it - like photos of the house etc. ?

no experience of magistrates courts to offer but I am sure it will be much better if you manage to be calm in court and write down the points you want to make beforehand.

I think the onus will be firmly on the landlord to prove why deductions were necessary and that they were reasonable.

I've appeared before magistrates quite a few times (professionally )

There are usually 3. You will be questioned by your solicitor but direct you answers to the mags. Then you'll be cross-examined by the other party's lawyer (could be a barrister or solicitor). It's less formal then a court - people coming in and out of the room a lot more. You may even be invited to sit.

It's not so bad. Just answer the questions, tell the truth, don't try and be a smartarse and good luck.