Is small claims court right for me?

Question

Alright, A few weeks ago I got into a car accident. A lady failed to yield to me and caused the wreck - proved on the police report. She had no insurance and I had no Uninsured motorist coverage or Pip coverage (trying to keep it cheap..). The damage to my car is quoted at $4700 but the inspector said realistically it would be between 6 and 7 thousand because there is obvious frame damage. I missed work due to back and neck pain plus I was out of a car for a few days. that was about $350 in lost work wages. I haven't gone to the doctor yet because I can't afford it right now. I really need to get in, i've been taking lots of ibuprofen but that doesn't help too much.. The small claims court limit is $4000 here. I could go to dispute resolution and get a legal contract where she would pay monthly payments until everything is back to how it was.. Does anyone have any idea? any other types of court I could go to? Alternatives to small claims or dispute resolution center? Please Help!

So basically I'm looking at AT LEAST $5000 not including any medical bills (chiropractor/Massage/Physical Therapy/Doctor check ups). with the $4000 limit on the small claims I'm not sure if thats the right way to go about this...

Answer 1

a big part of this suit is the damage to the car. but you don't say what year and make. what's the blue book? now then, the accident occurred weeks ago and you have yet to seek medical attention; should have been in ER within the hour. you could have used alternative transport to get to work at least some of those days. so now that i've trimed your suit down a couple thousand or more, go file in small claims.

just one man's opinion. good luck on this.

Answer 2

Assuming you're interior the united kingdom, the respond is as follows. there's no such situation via fact the small claims court. There are small claims, that are dealt with interior the county court alongside with different claims, yet there's no particular or different court. Small claims (below £5k or £1k if own injury) is a variety of dispute selection. There are no longer any expenses offered (shop for the court fee for the claimant of £sixty 5) and hence the contract fee is fairly intense. i'm afraid which you have have been given have been given to forget approximately any solutions (little question properly-intentioned) that advise any share determine of fulfillment via fact they're fullyyt made up (whoops! diverse thumb-downs for me!). The DCA do no longer shop stats of fulfillment for the two claimants (or defendants) so no-one knows how many win or lose. i've got been a legal expert for 15 years and that i don't comprehend so i'm fascinated to work out the beneficial assertions above and the place those come from. The small claims technique facilitates human beings to deliver modest claims formerly a choose devoid of the phobia of extensive legal charges. It additionally facilitates defendant's to safeguard otherwise stable claims devoid of the phobia of extensive legal charges - so it incredibly isn't any longer a one-way highway. So in case you have a respectable declare, provide it a bypass - all you lose is your court situation fee and an afternoon surprising 'around at court. wish this facilitates

Answer 3

You are over the limit for small claims court. That means you can ONLY go to regular court and sue. Go get an attorney.

Answer 4

Look, using small claims court still leaves you right where you are - only that you would be entitled to MUCH LESS if you can collect.

What you probably do not know - is if you took this to even a District Court, which you could do - and they awarded you ten MILLION DOLLARS ... the court DOES NOT DO THE COLLECTIONS ... and they cannot inforce that the Defendant pays you either. There are millions, maybe billions of judgments out there that are owing - but; the owing parties simply thumb their noses at the ones owed and the courts have no power to exact payments ... unless -

Unless the courts using CONFLICT OF INTEREST is owed by the owing party ITSELF ... then they use men with guns strapped to their sides to exact the extortions or send the debtors to jail - in complete violation of the constitution wherein none can be jailed over a debt.

SOLUTION:

Do a Notary Protest. What you do is you write up an Affidavit saying that a bill is owed you and for whatever reason ...

Then you submit to the owing party - the Affidavit and a Invoice or True Bill ... you give them like 7 (seven) days to pay and let them know if they do not pay within that time the you will multiply the total of the bill - times whatever you want ... 2, 3, 5, 10 times the amount owed for punative damages and add that to the bill ...

you send the new invoice amount to them - forgot - you use certified or registered mail with return receipt requested ... this valifies the process to which there is NO Defense.

Then you (if you can find one who knows what he or she is doing) get a Notary Public to agree to doing a Notary Protest at your request.

The one owing will be contacted by the Notary Public to do the process ... and after the one owing either pays in full the debt owed - or they get a Certificate of Default issued to them by the Notary Public ...

You take that Certificate of Default and you file for a Default Judgment in a District Court and you can even request it Ex Parte wherein the one owing is not even notified of the decission against him or her UNTIL AFTER THE DECISSION IS FINALIZED.

There is no appeal for this as the Notarial Protest is actually higher than any court decission ... but, the use of the District Court entitles you to file fees to have the sheriff go out to the lady's house and auction off her car, boat, possessions, home(s) and/or etc. and the money handed to you.

You can bill this lady whatever you feel is necessary to cover your damages or "services rendered" by using your property as an outlet for her anger or anxiety by smashing it up as an outlet for said anger and/or anxiety ... and the services you rendered by making yourself available for her to take such actions ... you are filing your fees for such services.

This entitles you to the statute ... like in Texas it is the following:

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 18. EVIDENCE

SUBCHAPTER A. DOCUMENTARY EVIDENCE


§ 18.001. AFFIDAVIT CONCERNING COST AND NECESSITY OF
SERVICES. (a) This section applies to civil actions only, but not
to an action on a sworn account.
(b) Unless a controverting affidavit is filed as provided by
this section, an affidavit that the amount a person charged for a
service was reasonable at the time and place that the service was
provided and that the service was necessary is sufficient evidence
to support a finding of fact by judge or jury that the amount
charged was reasonable or that the service was necessary.
(c) The affidavit must:
(1) be taken before an officer with authority to
administer oaths;
(2) be made by:
(A) the person who provided the service; or
(B) the person in charge of records showing the
service provided and charge made; and
(3) include an itemized statement of the service and
charge.
(d) The party offering the affidavit in evidence or the
party's attorney must file the affidavit with the clerk of the court
and serve a copy of the affidavit on each other party to the case at
least 30 days before the day on which evidence is first presented at
the trial of the case.
(e) A party intending to controvert a claim reflected by the
affidavit must file a counteraffidavit with the clerk of the court
and serve a copy of the counteraffidavit on each other party or the
party's attorney of record:
(1) not later than:
(A) 30 days after the day he receives a copy of
the affidavit; and
(B) at least 14 days before the day on which
evidence is first presented at the trial of the case; or
(2) with leave of the court, at any time before the
commencement of evidence at trial.
(f) The counteraffidavit must give reasonable notice of the
basis on which the party filing it intends at trial to controvert
the claim reflected by the initial affidavit and must be taken
before a person authorized to administer oaths. The
counteraffidavit must be made by a person who is qualified, by
knowledge, skill, experience, training, education, or other
expertise, to testify in contravention of all or part of any of the
matters contained in the initial affidavit.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 3.04(a), eff. Sept. 1, 1987.

Notice - that if a "controverting" affidavit is not offered ... meaning if they DO NOT contest the amount owing for your services - THEY FULLY AGREE TO THAT CLAIMED ... and since they agree - what court can rule against what was agreed to?

By Notary Protest - the court is actually fully over and the one owing is liable - once again the District Court filed with a Motion for Default Judgment cannot even rule against such conducted by a STATE OFFICIAL ... i.e., a Notary Public - and the Certificate of Default issued by such Notary Public cannot be contested as everything is fully documented.

This is pretty much how the IRS and other theiving entities get away with stealing the public blind ... if you don't answer - YOU AGREE AND FULLY SUBMIT ... the IRS does not even need to use a court if you do not respond and contest their claim - or simply agree with them and tell them you want to pay ... but you need information that would allow you to do so ... like the contract you signed with them that you would pay them for some service that they did not provide to you as of yet ...