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Thread: Anyone ever been to small claims court??

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    Default Anyone ever been to small claims court??

    Any advice on what to expect, how to proceed? I know I act as my own lawyer (WOOHOO!!) but what else, other than piles of good documentation, should I have? Any specific sites with good information?? I don't want to post details, but let's just say someone has to pay for multiple damages...

    Does the court summon a negligent/non-acting party, or must both arrive on a voluntary basis? (as in, does the other person HAVE to show up, can you get a court mandate, or is it kind of optional??) Thank you.... this is a big part of my healing process and a huge step forward, even if it is "small" claims.

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    Default Re: Anyone ever been to small claims court??

    I know here if the person does not show up, they are admitting guilt, usually you can look at the state General Laws on what to expect, though it does get very "legalese"

    this looks like a decent site to start with:
    Last edited by G-Real; 10-09-2007 at 04:07 PM. Reason: editing:: added information

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    Default Re: Anyone ever been to small claims court??

    Each state is different, but I believe that if the defendant (person being sued) does not show up in a Small Claims case, the have an judgement entered against them by default. The judge may also continue the case.

    If you are suing/being sued, you have to show up if you do not want a default judgement set against you (defendant) or if you do not want the case dismissed (plaintiff).

    You may want to call the clerk's office and ask to speak with someone who can give you more information. They can walk you through the steps and tell you what to expect.

    Good luck!

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    Default Re: Anyone ever been to small claims court??

    ^^^ Yep, Call you small claims court. They will tell you everything you need to do. Usually a form with all your info then they will serve a summons to whoever your suing. I have nearly done it twice and gotten all the info when in MD and here in VA. The people in the courts office were quite helpful. You also have to pay a fee of some sort to file the paperwork. But like earlier posters have said each state is different but they all have phones

    Good luck!!!

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    Default Re: Anyone ever been to small claims court??

    Awesome, thank you guys very much- i appreciate the info/advice. I'll keep everyone posted when this happens.

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    Default Re: Anyone ever been to small claims court??

    I've done it, but only for a couple of material things. Basically items I bought and had installed that failed relatively soon after installation. I really have no useful advice here other then it bring documentation up the wazoo (whatever a wazoo is), and tell nothing but the truth. Ultimately the judge is weighing here and the burden of evidence is basically one of common sense. A good judge can smell a lie (or BS) a mile away and it will hurt a small claims case if the judge doesn't believe you.

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    Default Re: Anyone ever been to small claims court??

    ^^ My documentation is an accident report and extensive insurance reports on damages... which were never paid for by the responsible party. I also have a copy of my old TR/O (which was obviously obtained in court and for which I would like some compensation) and some bills detailing instances of neglect where the other "party" should be financially responsible. If there's one thing I'm good at.... it's organizing. If the other "party" wants to lie to the judge, then THAT will be interesting...

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    Default Re: Anyone ever been to small claims court??

    ^^^

    I'm not a lawyer, but I'm thinking if you have a personal injury case you might want to think twice about settling in small claims. Small claims have relatively limited compensation limits and once you've settled you might not be able to try the case again (keeping in mind I'm telling you what I believe is true, not what is based on fact). I'm under the belief that many personal injury attorneys will work for no upfront fees, instead will be paid only if they one (I'd guess, 33% or so of the settlement if they win). Sorry for the wishy-washy info here; I'm out of my league, but if you have a potentially large settlement case that exceeds what you can win in small claims you might be better off taking it a PI lawyer.

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    Default Re: Anyone ever been to small claims court??

    Quote Originally Posted by xdamage View Post
    ^^^

    I'm not a lawyer, but I'm thinking if you have a personal injury case you might want to think twice about settling in small claims. Small claims have relatively limited compensation limits and once you've settled you might not be able to try the case again (keeping in mind I'm telling you what I believe is true, not what is based on fact). I'm under the belief that many personal injury attorneys will work for no upfront fees, instead will be paid only if they one (I'd guess, 33% or so of the settlement if they win). Sorry for the wishy-washy info here; I'm out of my league, but if you have a potentially large settlement case that exceeds what you can win in small claims you might be better off taking it a PI lawyer.
    XD beat it to me, small claims limits the amount that can be brought before a judge. I think its 1000 - 2000 only.

    Also, it sounds like you already won the case in which the other party was found guilty, its the fact that you have to have them pay, which is an entirely different set of circumstances, in which a laywer can present the argument infront of a judge, and if the other party does not cover the expense the judge can them legally dock their pay.

    I shoulda been a lawyer....

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    Default Re: Anyone ever been to small claims court??

    Quote Originally Posted by xdamage View Post
    ^^^

    I'm not a lawyer, but I'm thinking if you have a personal injury case you might want to think twice about settling in small claims. Small claims have relatively limited compensation limits and once you've settled you might not be able to try the case again (keeping in mind I'm telling you what I believe is true, not what is based on fact). I'm under the belief that many personal injury attorneys will work for no upfront fees, instead will be paid only if they one (I'd guess, 33% or so of the settlement if they win). Sorry for the wishy-washy info here; I'm out of my league, but if you have a potentially large settlement case that exceeds what you can win in small claims you might be better off taking it a PI lawyer.
    OOhh no no it wasn't an injury. This is from when my ex crashed my motorcycle, drunk, into a truck. And yes, all in all it would be around 2000. (I read that it can be up to 7500, though, per individual, per year. So says CA court system.) No, no one was ever really found 'guilty' of anything... well, other than a DUI, a crashed bike, and other things I plan on presenting. There are no lawyers in small claims so I'd be presenting everything and I guess it would be up to the judge as to where to go from there.

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    Default Re: Anyone ever been to small claims court??

    I have done similar in the UK - without knowing the case or the law, I'd suggest that you get amazingly well organised documents - have copies ready for the judge / arbitrator, dress immaculately, only speak when spoken to and don't have any time pressures...

    I remember my 'opponent' arrived late, in jeans, with no paperwork and told the judge that he had to be back at work in under an hour. She didn't take kindly to him and threw him out! He was there about 4 mins all told. 1-0 to me!!

    Good luck.

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    Default Re: Anyone ever been to small claims court??

    Quote Originally Posted by Embyr View Post
    ...And yes, all in all it would be around 2000. (I read that it can be up to 7500, though, per individual, per year. So says CA court system.)
    Again, my info is limited. I believe the maximum varies from state to state, but $2000 sounds like it's exactly the kind of case "small" claims is meant for.

    Quote Originally Posted by Embyr View Post
    No, no one was ever really found 'guilty' of anything... well, other than a DUI, a crashed bike, and other things I plan on presenting. There are no lawyers in small claims so I'd be presenting everything and I guess it would be up to the judge as to where to go from there.

    Sounds like you have a strong case. One other thing though. Winning is one thing. Collecting is another. Here is some more info:

    http://www.lectlaw.com/files/civ05.htm

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    Default Re: Anyone ever been to small claims court??

    Quote Originally Posted by xdamage View Post
    Sounds like you have a strong case. One other thing though. Winning is one thing. Collecting is another. Here is some more info:

    http://www.lectlaw.com/files/civ05.htm
    You have a point... however (from your article... THANK you, btw!): "A polite written request often does wonders,
    especially when it reminds the debtor that an unpaid judgment will
    probably show up in the debtor's credit file."

    "Every state authorizes you to collect interest, commonly 8% to 12%
    annually, on a judgment. Viewed as a long-term, uninsured investment,
    court judgments can pay off handsomely. Compared to limited partnerships,
    start-up companies and even many stocks, a court judgment has relatively
    low risk and moderate performance."

    ... I don't think these two clauses would make someone continue to hold out. Either way I WOULD get paid... he would either get a lower credit score from it, or could do it the easier way.

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    Jay Zeno
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    Default Re: Anyone ever been to small claims court??

    Small claims jurisdictions vary. It could be anywhere from $1,000 to $10,000, as far as I've heard.

    The easy part is winning your case, especially if the opponent doesn't show up. Then you get a judgment. The harder part is enforcing the judgment and getting your money collected. Just because the court says he has to pay doesn't mean the funds automatically appear. You're now just like the credit card company, the rent to own company, the used car company, every other creditor who wants a piece of him and is trying to figure out how to get it.

    But go ahead. Even if you don't collect, you have a judgment and you've gotten through the process and proved your point. He's got another judgment on his credit report. If you do collect, so much the better. Just show up at the court clerk's office with a filing fee and then show up on the court date. And good luck.


    Fletcher: You.... liar!! You know what I'm going to do about this?

    Motorpool Guy: ... What??

    Fletcher: Nothing! Because if I take it to small claims court, it will just drain eight hours out of my life, and you probably won't show up. And even if I got the judgment, you'd just stiff me anyway. So what I'm going to do is piss and moan like an impotent jerk, and then bend over and take it up the tailpipe!

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    Default Re: Anyone ever been to small claims court??

    I'm not sure how long ago this happened, but I am pretty sure that the statute (sp?) of limitations is shorter in California for small claims court. Make sure you check into that before you invest a lot of time/energy into this. That would really suck.

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    Default Re: Anyone ever been to small claims court??

    Quote Originally Posted by LAChloe View Post
    I'm not sure how long ago this happened, but I am pretty sure that the statute (sp?) of limitations is shorter in California for small claims court. Make sure you check into that before you invest a lot of time/energy into this. That would really suck.
    "If you are suing because you got hurt, you can file a claim for up to two years after you were hurt.
    If you are suing because a spoken agreement was broken, you have 2 years to file after the agreement was broken.
    If you are suing because a written agreement was broken, you have 4 years to file after the agreement was broken.
    If you are suing because your property was damaged, you have 3 years to file after your property was damaged." -from ca courts. I'm good.

    Jay Z, yes, i know collecting won't be the easiest thing on earth- but it's also to prove a point. No one plays in my sandbox, knocks down my castle, and gets off scot-free.

    He's fucked with every woman he's ever been with (I have his crim. record), and the more legal shit against him, the better.

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    Jay Zeno
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    Default Re: Anyone ever been to small claims court??

    Quote Originally Posted by Embyr View Post
    Jay Z, yes, i know collecting won't be the easiest thing on earth- but it's also to prove a point. No one plays in my sandbox, knocks down my castle, and gets off scot-free.

    He's fucked with every woman he's ever been with (I have his crim. record), and the more legal shit against him, the better.
    I got that, and I approve. That's exactly the meaning of my "Go ahead" paragraph. Rock on.

    BTW, if he testifies and if he has a felony conviction, the judge might let you bring that up in court to impeach him.

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    Default Re: Anyone ever been to small claims court??

    (impeach?? a citizen? I am not familiar with the definition in this context... ) I know he has assault charges, a DUI, more speeding tickets than I could count, and has had 2 r/o's filed against him. Basically a sociopathic, misogynistic fucker all around.

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    Jay Zeno
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    Default Re: Anyone ever been to small claims court??

    Not being a lawyer, my general understanding is that you can bring up a felony conviction to "impeach" testimony, or attack the credibility.

    If the conviction is serious enough, the judge or jury (in this case, a judge) can think, "Hm, this guy's a scumbag, and I don't want to believe him." But if the offenses are less serious, the judge would say, "You're just trying to throw shit around that doesn't matter here, so knock it off."

    You can also possibly bring up other stuff if it shows a pattern of behavior that lends credence to you. For instance, if you say, "This isn't the first time you've been irresponsible with how you drive and your condition when you drive, is it?" Then a judge might let you ask about stuff that shows a continuing course of conduct that tends to prove up your point. Also might not. Law's not an exact science. Well, it's not even a science.

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    Default Re: Anyone ever been to small claims court??

    ^ Got it... you make some great points. Well, the fact that he's an alcoholic, drinks most every night, and tends to black out would, I'm sure, hamper some credibility. He also enjoys driving drunk... almost every day home from work. I was with him in another crash when his car ended on the median. He also shows a pattern for recklessness in driving.... (and life). Unless he's planning on lying his ass off in court, I can say all these things with 100% certainty.

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    Default Re: Anyone ever been to small claims court??

    It's generally worth doing even if collecting is slow, unless... you are dealing with a complete psycho and then you have to weigh the potential risks of retaliation. Unfortunately our legal system isn't really designed to proactively protect us. I'm not saying be a coward, and of course you know your ex best, but it wouldn't be the first time someone won in small claims, and then lost out even more after "winning" the case.

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    Default Re: Anyone ever been to small claims court??

    Quote Originally Posted by Embyr View Post
    Jay Z, yes, i know collecting won't be the easiest thing on earth- but it's also to prove a point. No one plays in my sandbox, knocks down my castle, and gets off scot-free.

    He's fucked with every woman he's ever been with (I have his crim. record), and the more legal shit against him, the better.
    Mental Note: Do Not Fuck with Embyr


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    Default Re: Anyone ever been to small claims court??

    ^^^ nah, just don't fuck with feminist wannabe lawyers.

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    Default Re: Anyone ever been to small claims court??

    Have u thought about seeking legal counsel at a clinic or a law school where they mite do pro bono work...

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    Default Re: Anyone ever been to small claims court??

    no... I didn't consider pro-bono. I'm not sure that this is necessarily a case that could be pro-bono. Nothing in it for the lawyer, and it's not an assault/domestic abuse case, so I dunno about the benevolent, humanitarian aspect either. But there is a small claims clinic-type-thing at my local courthouse, and i certainly plan on educating myself further.

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