Posted: 11/20/2011 8:27:46 AM EDT
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I have to file a small claim, and I haven't any experience with this. Found some online forms here.
If anyone can talk me through the process or give tips that would be appreciated. |
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i had a local customer not pay a bill, and after 9 months of being lied to, we filed a small claims case.
got a judgment, and put a lien on his property. he declared bankruptcy, and some fuckhead judge decided that we should be forced to forgive the debt. the system is broken to the extent that there is no justice, and the only one who looses are the guys who obey the rules and are honest. 
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Quoted:
Looking for how-to details. Go to the county clerks office, file paperwork, and pay a fee? They issue a summons for a court date? We tell our respective stories and the judge makes a decision? That type of thing. RD, from my experience, you are spot on. Have you offered to settle for less outside court ? You may hate the idea, but even winning small claims cases doesn't guarantee you get paid. |
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You file your claim, pay the fee, and wait.
You get a letter in the mail with a court date, and wait. You go to court, which isn't a trial, and the judge decides whether there should be a trial, then you wait. You come back to court, again, which again, isn't a trial, and the judge makes really sure there should be a case, and you wait. I settled at that point. |
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Quoted:
Looking for how-to details. Go to the county clerks office, file paperwork, and pay a fee? They issue a summons for a court date? We tell our respective stories and the judge makes a decision? That type of thing. That was about it, did one in Stevens Point '99 ish. The court is very low key, Judge didn't ask any questions to me, took two min to look over the paperwork, asked the other guy "why haven't you paid him yet?". I was in front of the judge for maybe 3 min total. |
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Quoted:
Quoted:
Looking for how-to details. Go to the county clerks office, file paperwork, and pay a fee? They issue a summons for a court date? We tell our respective stories and the judge makes a decision? That type of thing. RD, from my experience, you are spot on. Have you offered to settle for less outside court ? You may hate the idea, but even winning small claims cases doesn't guarantee you get paid. this. send a letter or two stating you are going to file. hell include a copy of the paperwork all filled out so they know you are serious. if they still do not pay, then you will be going tot he courthouse 2-3X to get this resolved. once to file. once for the court date, and once to file a docket/lean against their business property. getting a judgment is the easy part, making them pay up is the hard part. thats why a lien is the best route. it is tied to their properties title. they cant sell till you are paid off. |
| I took a former landlord to small claims court back in 1991. There was one person we wanted to show up as a witness. At that time you could have their county sheriff serve them a summons (not sure if my terminology is exactly correct or not) forcing them to show up in court on that date. You could then factor in that filing and serving cost into the $ amount you were seeking from the defendant. Again, that was back in 1991 so I have no idea if that part of the small claims process has changed or not. |