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Do not jump into Small Claims Court so quickly!!! Posted by Bill Homer [Email]  (#3427) [Profile/Gallery]
(more from Bill Homer) on Wed, 12 Jan 2005 21:15:49
In Reply to: Re: wrecked 94cs n/a 5 speed.., Yaofeng, Wed, 12 Jan 2005 12:54:51 Members do not see ads below this line. - Help Keep This Site Online - Signup |
Jwang's advice is probably valid for the state that he lives in (Hawaii?), but the rules are somewhat different in Illinois and probably New Jersey. If the $3000 limit is valid in NJ, that is the maximum amount that you can go after, this will cut into the $4300 that you are seeking. Note that the limit in Illinois is $5000, no idea what it is in NJ. Fees will add up (filing fees, official service of summons(es), recording fees, etc.) but can be added to the judgment amount if you prevail.
Going to court is not a picnic, and even if you are 100% right, THERE ARE NO SURE THINGS. I pursued a small claims case that was "open and shut", however the defendant got his high school buddy, now a name partner in a law firm, to defend him for no charge - the lawyer thought that he would get his old buddy's case dismissed immediately. This case went on for a year before I finally obtained a judgment. Procedural delays, obscure loopholes in the state law, missed trial dates by his lawyer (which the judge allowed!), etc., will wear you down. There was a heavy dose of principle involved in my case, otherwise I would have given up much sooner.
Obtaining a judgment does NOT equate to getting your money - it is only a license to then chase a defendant to try to get paid. You may not be the only person chasing him - my defendant eventually declared bankruptcy, releasing him of all of his debts, including my unsecured judgment. This is of course a worst case scenario, but be aware that it can and does happen. I did get some satisfaction on the judgment (i.e money) by obtaining a wage garnishment before he filed - pure luck in finding out where he was then working - requiring more time at the courthouse and additional filing fees.
Not quite what you see on "Judge Judy" or similar shows, huh?
My advice: If you are very sure that you will get the other party's citation against you dropped, I would wait until this event occurs, then recontact his insurance company with your claim. You have a certain length of time after an incident in which you can file a case, it's probably something like a year, but you should check your applicable law. I would exhaust other avenues before you start the Small Claims Court process.
posted by 68.255.10...
, Wed, 12 Jan 2005 21:15:49 <-- Viewing This Message
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