2006-06-07 03:36:21 · 9 answers · asked by goodlost 1 in Politics & Government ➔ Civic Participation
Take that person to small-claims court.
2006-06-07 03:39:20 · answer #1 · answered by Vagabond5879 7 · 0⤊ 0⤋
The maximum judgments in Small Claims courts vary from state to state. In Georgia, it's recently been bumped up to $15,000, which is not unreasonable when you consider the cost of vehicles and homes and such these days.
I have been forced to sue in small claims court twice, and both times I won a judgment. But unless your adversary has real property, or a business, which can be attached by the courts for payment, then you will probably be unlikely to collect in the end.
Your call. Oh, and for $5gs, it would be worth getting an attorney ... you can get representation to a small claims court for a few hundred, and the lawyer's knowledge of the system will help a lot.
2006-06-07 13:24:32 · answer #2 · answered by Grendle 6 · 1⤊ 0⤋
Here is the practical thing to do, the way to start without a giant investment of time and money, and a way to help you weigh your options as they really are.
Go down to your own city hall, and ask them where you can find information on small claims. They'll direct you to the court area and a clerk can give you the facts as they are in your town. If the limit is indeed $5,000 in your town (it's 3 grand in mine) , you're in good shape. You really don't need an attorney for small claims, nor do they expect you to show up with one. That's just more expense.
The court will give you a form to fill out, tell you the rules and give you a booklet on small claims procedures.
You do need to know where his assets are in order to collect. They'll tell you all about that too - so you have some detective work to do- simply finding out where he works or banks is enough.
I've had to file three small claims and I have won them all. Two were against large Corporations, Cingular and UPS. The other was against an individual. I won and was paid in all cases. Small claims is us little guys secret weapon against Corporations!! They are NOT welcome there! They won't even show up, trust me. No one came from Cingular or UPS. In fact, UPS called and settled out of court.
There is not even a judge, but a 'referee" in small claims. One caveat, the Referee may award you all, part , or none of your claim depending on the case.
Good luck.
2006-06-13 00:06:38 · answer #3 · answered by Thom Thumb 6 · 1⤊ 0⤋
No, small claims court only awards up to $2,000.
You'll have to hire an attorney and present in court. Of course, if they keep running from debt, it should be a no show, so that would be an easy victory.
Enforcing the judgement is the hard part. You'll have to enlist a detective to track the person down and then get the sheriff to serve a summons. Eventually, you may be able to get license to seize their assets (if any exist) or garnish their wages (if they are working).
2006-06-07 10:45:00 · answer #4 · answered by Veritatum17 6 · 1⤊ 0⤋
I am not an attorney my opinion is that.
Many judgments go unpaid. Your answer depends upon the state of jurisdiction, your standing in the eyes of the law and many other factors.
Is it: a contract in writing, commercial debt, personal loan, medical, retail etc? Will your state allow garnishment? Can you put a lien on property? For example sometimes you can put liens a checking account, mechanics lien etc. If it is a commercial debt and you filed a UCC1 properly you can go to court for a writ to execute on property.
You should seek the advice of a Collections Attorney.
2006-06-07 20:25:15 · answer #5 · answered by donsabe 3 · 0⤊ 1⤋
Do you have a contract,? Even an oral one can be valid if it can be verified. Then you do have to get a lawyer, but it should be a fairly easy case so call around and don't be taken for another ride-- get a reasonable price. Make sure to ask if you can sue for to have your lawyer's fee paid also. You probably won't get them paid but it is one more bargaining chip to settle out of court, which is most preferable.
2006-06-13 17:35:49 · answer #6 · answered by swdMO 3 · 1⤊ 0⤋
You are gonna have to get a lawyer. The problem is that not very many lawyers are gonna go after $5,000 because it would cost them that much.
You may have to eat it.
2006-06-07 14:36:05 · answer #7 · answered by Roseknows 4 · 0⤊ 1⤋
small claims court will go up to 5,000 not 2,000. it's 5,000, for sure. take them on judge judy. she'll tell them how it is.
2006-06-07 11:17:02 · answer #8 · answered by hippieguitarist420 3 · 1⤊ 0⤋
a judegement would probably be easy, getting the money is the hard part.
2006-06-07 11:12:23 · answer #9 · answered by thale138 5 · 1⤊ 0⤋