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I'm not sure if the small claims court is the most feasible way to collect your money against the other party, but it's certainly an option. Small claims are heard initially by the attorney/magistarte of the court, unless both parties agree to participate in a mediation process. You can obtain a copy of the small claims affidavit at the clerk's desk. Once it's completed, you file the claim with the clerk and pay the appropriate filing fee. You must also pay a fee to have the person you are suing served with a copy of the claim. Having the affidavit (statement) notarized does place some additional benefit to the value of the document. Make sure that your conversation with the police officer who issued the citation (to the other party) is fully written down. Stamped with date and time.
By proceeding in the Small Claims Division, you waive several rights: 1)the right to be represented by an attorney, jury trial, appeal beyond the district court, 2)any claim you may have in excess of $3,000.00, and 3)the ability to pursue claims for intentional torts such as property destruction, libel, slander, fraud etc. Of course, not all these waivers apply to your case. BTW, a procedure booklet on how to complete the various Small Claim's forms may be purchased from the civil clerk ($6.00). The Small Court claim needs to be filed in the district in which the defendant resides, established or employed.
Once the judgment is obtained, the defendant has 21 days to voluntarily comply. If they do not pay the judgment, it is up to the Plaintiff to take steps to enforce the judgment. You may not have an attorney do this for you. This is one of the down sides of small claims. Having said that, if the defendant doesn't pay the judgment as ordered, you will have to collect the money through an Request and Order to Seize Property (also called an Execution) or a Garnishment. Judgment is valid for 6 years from date of entry. Since a small claims judgment is not a judgment of record, so being able to enforce a small claims judgment is another state is questionable.
One more note, you can also ask the court for an abstract (30 days after the judgment date) of judgment which suspends the defendant's driver license until he pays the judgment. There is no filing fee I believe.
Which state was this accident occurred? Glad to hear that your auto-5 speed conversion was successful.
posted by 165.248.247...
, Wed, 12 Jan 2005 21:15:49
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