small claims court

I went to small claims court several years ago over an issue of unfinished construction on my home. In my case, I had all my paperwork and supporting evidence, and I was ready to rumble.

Well, my esteemed opponent chose not to show, so I was awarded a judgment in the full amount of my claimed damages.

Unfortunately, that judgment was as worthless as the paper it was printed on. I never received a dime and as far as I can tell, the judgment had absolutely no effect on my opponent or his business.

I hope you have much more success.

 

Ive found it to be a joke as well. Most of the time the judge will make a decision right down the center making it pointless for both parties, unless one doesnt show.

They will take both of you into a private room for a few minutes to give you both a chance to 'work it out' before going before the judge.

And of course if you win theres no way to collect.

But yes dress well.

 

I pretty sure if they dont pay up after you win you can either put a lein on property/vehicles OR also petition to have the sheriffs seize assets to sell at auction (like cars or equpiment) to pay off the amount??

am I wrong here?? its never got that far for me.

 

It's been so long ago, I can't be sure what I was told. I believe the judge told me that the lien that was placed on my opponent would show up if he attempted to sell his home or applied for credit. If he sold his home, I would be like a creditor and any proceeds from the sale would be garnished to satisfy my lien. Needless to say, nothing ever became of the lien. Either my opponent never owned a home to sell, never sold his home, or never applied for any credit, (which seems rather unlikely), or the entire process was a waste of time. (more likely)

 

Small claims court is pretty low key, but if you go in prepared it should be pretty simple. Just be prepared to present your evidence and refute his argurments. As far as the dress, don't be "that guy" who shows up in jeans and a t-shirt. I think in a situation that involves court, slacks, a nice shirt, and a tie is appropriate. As far as the garnishment and such goes, it is wholly dependent on state law. Some states make it easy, others make it very difficult. Hopefully your both in the same state, but there are additional costs involved in collection. Really, it's a pain in the a$$ and you'll probobly feel better if you just beat the **** out of them outside the courthouse.

 

I have done small claims court a couple of times. Be prepared, have documents you need at hand. If you think you'll be nervous, write out your statement ahead of time, and just read it. You will still probably have to respond to some questions, but writing may help.

If the other guy does not show, great. In case he does, though, prepare yourself for waht you think he might say.

Then yopu get the judgment. It is not an automatic payment, it's up to you to collect! Check with your local Sheriff office to see how they handle these things.

 

If you win, the defendant should get 30 days to pay or dispute (If the defendant does not show up). Once settled, you should demand immediate payment. If you do not get it, file a Writ of Execution and the local police can sieze his assets, sell them off and pay you.