Question for those firmiliar with lawsuits | FerrariChat

Question for those firmiliar with lawsuits

Discussion in 'Other Off Topic Forum' started by rosso_fanatic, Feb 25, 2008.

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  1. rosso_fanatic

    rosso_fanatic Formula Junior

    May 11, 2007
    339
    Long Beach
    Full Name:
    Wes
    I have to take one of my former dead beat roomates to court for about $320 she owes me. In Fulton county Georgia where I live the filing fee for magistrate court is about $75. Can I add that to the amount I'm suing her for?
     
  2. darth550

    darth550 Six Time F1 World Champ
    Lifetime Rossa

    Jul 14, 2003
    61,158
    In front of you
    Full Name:
    BCHC
    All costs are reimbursable if you win.....
     
  3. lil squid

    lil squid F1 Veteran

    Dec 3, 2007
    5,949
    Houston TX
    Full Name:
    Yuliya
    Yes, you can add all court costs to the amount of your claim. Also don't forget lost wages due to missing a day of work (if you work), interest on the amount owed from the time it was due, and any other costs you can think of - up to the court's jurisdictional maximum, which in Fulton county magistrate court is $15,000. Not to say that the judge will award you everything, but if you don't request it in your claim you may not be able to get it at all, even if you were entitled to it.

    Don't stress, magistrate court proceedings are very informal, you don't really need a lawyer, each side gets a turn to give their side of the story. Most trials are bench trials (judge decides), unless one of the parties requests a jury. To be honest, when you know that law is on your side, go with the judge, there are just too many variables with a jury - but that is strictly IMHO.

    As a side note - years ago in law school I did a mediation clinic, and we acted as court-appointed mediators in small claims courts in Houston. My primary court was the one that now sends a lot of cases to Judge Judy - in fact, many of my mediations were very much Judge Judy meets Jerry Springer.. boy do I have some stories from that time LOL
     
  4. CraigFL

    CraigFL Formula Junior

    Jan 17, 2001
    954
    Panama City, FL
    Full Name:
    Craig
    And the other side of this is that even if you win a judgement against this person you may never actually collect a penny. It can be VERY hard to collect money from someone...but you will have that official piece of paper recognized by all that they actually owe you money!
     
  5. Simon^2

    Simon^2 F1 World Champ

    Oct 17, 2005
    12,313
    At Sea Level
    Not worth the time and trouble IMHO.
     
  6. Oengus

    Oengus F1 World Champ
    Rossa Subscribed Silver Subscribed













    +100000000
     
  7. lil squid

    lil squid F1 Veteran

    Dec 3, 2007
    5,949
    Houston TX
    Full Name:
    Yuliya
    VERY good point. Was part of my mediation spiel - between losing a day of work, stressing out, still having some chance of losing, and then possibly not being able to collect, it is often not worth it (you'd be surprised how many people think the defendant will just write them a check if the judge says they won..) Sometimes all someone wants is an apology for having been wronged and a promise to make things right. 99% of cases that I could not settle were about someone wanting their day in court, win or lose, they wanteв to hear it from the judge dammit.. (Can I say "dammit" on F-chat?! LOL)
     
  8. rosso_fanatic

    rosso_fanatic Formula Junior

    May 11, 2007
    339
    Long Beach
    Full Name:
    Wes
    I really really hope I don't have to take this girl to court. I just gave her a really reasonable option for payment. The court thing is just a threat for the most part. What I came here for was to get a few details and all of you have been fantastic. Thanks for the help!
     
  9. CraigFL

    CraigFL Formula Junior

    Jan 17, 2001
    954
    Panama City, FL
    Full Name:
    Craig
    FYI... I've probably filed 50 cases in small claims court for my business. Not once have I ever collected even one dollar after winning a judgement against someone. In only ONE case did a defendant ever actually show up in court for the hearing. When no one shows up, you win by default and receive a "default judgement" which is every bit as good as a regular judgement(see above!). I've had one case where a default judgement was appealed and thown out making the case go to trial-- which actually never happened because they settled. I think I've had about two cases where people settled with me before the court date so we didn't need to appear. I've had about three people pay when I threatened to take them to court-- I usually send them(certified mail, return receipt to show I mean business) a copy of the filled out small claims paperwork and tell them I will be filing in a week if I don't get their payment. The reason I do it is because I want these people to be worried because the judgement is out there against their credit record for seven years and can be renewed up to 20 years.

    Good luck!
     
  10. walawdog

    walawdog Formula Junior

    Nov 9, 2004
    829
    Bluefield, WV
    Full Name:
    Anthony
    I don't think you are going to be able to recover your costs for the time you missed from work. I am not from your jurisdiction, but only certain costs and expenses are recoverable where I am from. Time missed from work is not one of them. Your damages depend on what kind of claim you have. So, what kind of a claim do you have?
     

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