How to Have Your Small Legal Gripes In Small Claims Court1504610
Should you take a photobuyer to court? If you don't mind traveling to the buyer's business location, it should be an educational experience for you.
Personal or business claims can be filed. You can get your money back for a botched car repair or collect a small ($10 to $1,000) debt from someone who owes you money.
Satisfaction guaranteed: Although monetarily it's often not worth it to bring a case to Small Claims Court - the maximum claim in most states is $2,000 -- most cases are brought on principle - nobody likes to be cheated.
BENEFITS OF SMALL CLAIMS COURT
No lawyers needed. About 90% of such cases can be handled without counsel.
Quick resolution. The hearing is usually held a few weeks after a complaint is filed. The case is heard and settled the same day.
Opponents get a chance to communicate. Many cases involve people who are so angry with each other that they can't talk it out. The court setting encourages rational thinking as well as communication.
Inexpensive. In New Jersey, for instance, filing a case in Small Claims Court costs just $4.86.
HOW THE PROCESS WORKS
[] Filing your claim. The forms can be picked up at your courthouse. Or call and have them mailed to you. They are very easy to fill out. After you file, your only other obligation is to show up at the courthouse for the hearing.
[] Before the hearing. The judge will warn you that although you're entitled to your day in court, it's often better to settle without a hearing. Reason: You may get less than you think you deserve...but you may get more than the judge will award you if you win.
The judge will insist that you attempt to settle, whether you wish to or not, and you will be assigned a clerk, who will immediately hold a settlement conference at the courthouse. With the clerk present, each side tells his/her story...the clerk explains the law...and the two parties try to reach an agreement. About 60%-70% of all cases end here. The rest go on to a hearing.
[] The hearing. The judge now conducts a bench trial - there is no witness stand, no jury and, usually, no lawyers.
Each side has the opportunity to present his/her story and to ask questions or make comments on his/her opponent's story. Either party may bring witnesses, whom the judge will hear if they have new information to add to what has been presented. After all the pertinent evidence is heard, the judge renders his decision.
Total hearing time: 10 to 15 minutes. (If the judge expects the case to take longer, the case is usually rescheduled for when there is more time, to prevent a back-up in the court's schedule.)
If the defendant in your case doesn't show for the hearing, you receive a default judgment...and an award in the amount you requested when you filed.
[] Obtaining your money. If the judgment or settlement is in your favor and the defendant doesn't pay, you can take one of three steps:
Docket the judgment. This registers the judgment in a higher court. A lien is placed on the person's personal and real property, so that if he ever sells any property, he must pay off the judgment.
Issue execution. A court officer is sent to the defendant's house with a writ to levy on his property. This writ authorizes the officer to sell enough of the defendant's property to raise money to pay the debt. Other possibility: If you know where the person banks, a court officer can go to that bank with the writ to obtain your money.
Nothing. Sometimes it's better to not make the effort to pursue the offender. You may win the settlement, but the cost of pursuing the defendant could far outweigh the financial reward. This is especially true of "start-up" ad agencies that are here today, gone tomorrow. bp settlement individual claims
