someone ows me money on a car i sold them.
I am about to file a claim but i was wondering if i have to give them a heads up on it
something like
"hey, i filed a claim, have a nice day"
or i don't have to warn them?
thanks
2006-11-22 04:25:48 · 15 answers · asked by green eyed monster 2 in Politics & Government ➔ Law & Ethics
Where I live, the plaintiff is responsible for taking care of the service to the respondent. If you file a small claims suit here, you have to send the notice of the hearing date and the claim filed to the other party via certified mail/ return receipt. You also have to provide proof of service to the court on the day of the hearing to show that the other party was notified of the court date.
2006-11-22 06:59:40 · answer #1 · answered by ? 6 · 3⤊ 0⤋
It depends on your State.
Most States require the Petitioner (in this case, you) to file a motion with the courts. Along with your motion, you will be asked to provide a "proof of service" document, verifying that you have made the other party aware of the impending suit against them. You can mail them the documents via registered mail or hire a process server (process server should cost you about $30 - $40)
The other party then has 20 days to respond to your suit, or to file a counterclaim. After the 20 days have passed, the court will set a hearing date.
If I may make a suggestion, before you take this issue to court you may want to draft up a "Notice of Debt and Demand for Payment" regarding the money they owe you. You can notify the party in the letter that they are still owing you a sum and have 15 days to respond to you with reasonable repayment arrangements, or you will file suit for the sum owed as well as for any legal fees incurred while recuperating the sum.
These types of letters can be helpful in recuping your cash without the hassles of court.
Hope this helps!!!!!
2006-11-22 04:41:13 · answer #2 · answered by Khiarra M 2 · 1⤊ 0⤋
You are NOT obligated to notify them of your intent to file a lawsuit. After all, if you can just tell them to pay and they did, there is no point in filing a lawsuit.
When you file a lawsuit, in most cases, local sheriff's office will deliver the summon paper to the defendent. (which you will pay a small fee to get it done). That is the notification for your defendent.
He then have an option to settle out of court or go to court. When you appear in court, the judge will likely as both parties, if you want to step outside and settle before he gives judgement.
In most cases, you saying "I'll sue you" won't do any good as this threat has been so over-used, the other party will not take it seriously. However, his/her tone may change when he is delivered with an actual summon paper. He/she may decide to settle then.
Good luck.
2006-11-22 04:38:32 · answer #3 · answered by tkquestion 7 · 0⤊ 0⤋
Too many unwise advices; except for Bob's. If you are in Texas, before you file your suit, you're required by the justice of the peace court to first show that you have attempted reasonable collection method - such as a demand letter, a promisory note, or some kind of correspondence (preferrably by certified mail with return receipt).
When you file the suit, you must use method of service(s) required by the court and show proof of service. Good-luck!
2006-11-22 05:41:47 · answer #4 · answered by Netsbridge 3 · 0⤊ 0⤋
Even if he is on welfare and disability, I would sue. It would seem to me that if he files and gets a refund tax check, the court could turn that over to you each year until youre paid off, or go after assets. His income is probably not his only asset. Ive heard of cases where people have had to sell the 2nd car, the big screen tv, etc to pay a judgement. Income isnt the only factor.
2016-05-22 15:38:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
File the claim. A court officer will "serve" the paper work to the defendant. There's no reason for you to get involved in this and it would be highly inappropriate for you to do so...
2006-11-22 04:55:31 · answer #6 · answered by cheyennetomahawk 5 · 0⤊ 0⤋
You will file a document called a Complaint. It will require you to file a summons as well and have the person served with process. They will have a time period in which to respond to your claim.
You don't have to notify them before the suit, but you MUST serve them with the papers by a Sheriff, Constable or private process server.
2006-11-22 04:31:33 · answer #7 · answered by Starla_C 7 · 0⤊ 0⤋
There are some bad answers here. Regulations vary from locale to locale. Some places do require you to tell them of your intention to sue before you actually file. You should check with your smal claims clerk who will actually know the rules you will need to follow.
2006-11-22 04:42:10 · answer #8 · answered by Bob 3 · 0⤊ 0⤋
Don't warn them, it will further fuel the fire. They know that they owe you and they know that they haven't paid you, let the papers (court subpoena) be the only contact you have with that person from now on.
Mom of B & D
2006-11-22 04:35:35 · answer #9 · answered by Mom of B & D 5 · 0⤊ 0⤋
why dont you say somthing put politely, but to the point, like...if you dont get me the money that you owe me by friday at 5 o'clock i will have to take legal action against you. first thing monday morning.
2006-11-22 04:33:02 · answer #10 · answered by T-pot 5 · 0⤊ 0⤋