Jump to content

Small claims court??


Putty

Recommended Posts

What's involved with suing a person in this court? What's the max you can sue? Does it work?

 

 

Hi level....I loaned cash, friendship over, I text, I email, I get nothing. Can't use street justice....it's a chic.

Link to comment
Share on other sites

It was $75 to file in Fairfield County. I sued the previous owner over a $60 water bill he left us. It wasn't the money, it was the principle of the issue, due to other shit he put us through during the purchase. We went to the court date with the evidence. He didn't show up so we got default judgement for $135. He already had 4 outstanding judgements from the state for unpaid school taxes that he hadn't paid, so the judge issued a local bench warrant. I haven't seen a dime, but hey, he will get arrested if he gets pulled over anywhere near Fairfield County.
Link to comment
Share on other sites

Good info! So nothing forces them to pay? They either show and fight the case or lose by default if they don't show....then a warrant is issued if they do not pay?

 

I think he only had a warrant issued because of all the open judgements that he was avoiding. Our case made 5 total judgements, with 4 of them being with the State.

Link to comment
Share on other sites

I think he only had a warrant issued because of all the open judgements that he was avoiding. Our case made 5 total judgements, with 4 of them being with the State.

 

So if that's the case, is there really any benefit of filing, if there's no pressure to pay? I know this person does not have an other judgments against them.

Link to comment
Share on other sites

I think you file where the problem is, in your case where you are. Once you get a judgement you then file for a lien on property.

 

They never have to pay you, but if they had a house you'd get your money someday.

Link to comment
Share on other sites

I have dealt with small claims once, it was a crock of shit. You will meet with a mediator first, then they will determine if or if not your case goes to a madgistrate, from there they will determine if/if not you win. I don't believe they can force the other person to actually pay you either, I could be wrong but this is my understanding. Just because you win a judgement in small claims, doesn't mean you'll ever see the money.
Link to comment
Share on other sites

I have dealt with small claims once, it was a crock of shit. You will meet with a mediator first, then they will determine if or if not your case goes to a madgistrate, from there they will determine if/if not you win. I don't believe they can force the other person to actually pay you either, I could be wrong but this is my understanding. Just because you win a judgement in small claims, doesn't mean you'll ever see the money.

 

Then what the fuck is the point? That's my confusion

Link to comment
Share on other sites

Small claims is pretty much to sue people because Fuck you. You likely won't ever see the money, but at least you have the everlasting satisfaction of knowing you are right.

 

Plus, I'm pretty sure if they are a decent member of society and they make a small income you can have money taken out of their check. I think...

Link to comment
Share on other sites

It was $63 to file when I did it a few years ago.

 

The maximum at that time was $3000, plus court costs.

 

If you win, you absolutely can collect. There is an orange book at the courthouse that tells you how to collect on a judgment. If a person has 2 judgments outstanding, you cannot garnish wages, you just have to wait your turn and may never see a dime. If she has no judgments, and has a job, you can garnish. Small claims is like any other court. Ask for all money she owes, and anything you can show that you spent while trying to collect (court filing fees at the least). BE REASONABLE.

 

How to win:

 

Have a case. If you have nothing in writing or recorded, it may not be worth taking to court, unless you can get her to admit that she owes. If you DO have that, or witness testimony, then you may have a case. You need to do everything in your power to collect before it goes to court, and you need to look reasonable in doing so. Have you talked to her mom? Have you been civil, or like 'Bitch where's my money?'. If you have done all of these things and you look like a good guy who got screwed, then you can serve her. Have all of your evidence in order, so that when it is asked for, you can provide it. If she hires a lawyer (not likely, but possible) you may need to hand over copies of your evidence (discovery). If you refuse or don't have something when the lawyer asks for it, you may not be able to use it as evidence.

 

How to serve:

 

Go to the courthouse where the violation occurred and file with the court. They will help walk you through it. You need a VALID address where she lives, the court documents need to be accurate, otherwise you can lose. This is called 'perfecting service'. It is crucial.

 

Good luck.

Link to comment
Share on other sites

It was $63 to file when I did it a few years ago.

 

The maximum at that time was $3000, plus court costs.

 

If you win, you absolutely can collect. There is an orange book at the courthouse that tells you how to collect on a judgment. If a person has 2 judgments outstanding, you cannot garnish wages, you just have to wait your turn and may never see a dime. If she has no judgments, and has a job, you can garnish. Small claims is like any other court. Ask for all money she owes, and anything you can show that you spent while trying to collect (court filing fees at the least). BE REASONABLE.

 

How to win:

 

Have a case. If you have nothing in writing or recorded, it may not be worth taking to court, unless you can get her to admit that she owes. If you DO have that, or witness testimony, then you may have a case. You need to do everything in your power to collect before it goes to court, and you need to look reasonable in doing so. Have you talked to her mom? Have you been civil, or like 'Bitch where's my money?'. If you have done all of these things and you look like a good guy who got screwed, then you can serve her. Have all of your evidence in order, so that when it is asked for, you can provide it. If she hires a lawyer (not likely, but possible) you may need to hand over copies of your evidence (discovery). If you refuse or don't have something when the lawyer asks for it, you may not be able to use it as evidence.

 

How to serve:

 

Go to the courthouse where the violation occurred and file with the court. They will help walk you through it. You need a VALID address where she lives, the court documents need to be accurate, otherwise you can lose. This is called 'perfecting service'. It is crucial.

 

Good luck.

 

 

Thanks!! I'll spend a week printing off texts and emails...then make my way to Franklin county.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...