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i have someone filling a small claims file against me if i lose this i am not working would i still be expected to pay the fees?

also i have heard people dont always pay up in small claims is this correct?

2007-12-23 17:03:22 · 5 answers · asked by Honey C 1 in Politics & Government Law & Ethics

not currently working and do not own my property what can they get out of me?

can the judge make me pay once i get a new job?

2007-12-23 17:13:28 · update #1

5 answers

This is not good. You should make an attempt to pay what you owe because it will go against your credit and eventually catch up to you and you will only owe more.
If you are not working - make a payment agreement and keep to it.
Why don't you work? Who supports you? These are Q's the judge will ask so be prepared to answer them all and be honest.

2007-12-23 17:15:49 · answer #1 · answered by Kelly R 2 · 0 0

A Small Claims Court hearing is for an insignificant (to the court!) amount, the hearing will only involve you and the claimant appearing before a magistrate. By law there is no legal representation allowed so no lawyers bills are generated.
If you admit you owe the amount but are in difficult circumstances, explain this to the magistrate and you will probably find that something can be worked out for easy repayment.
If you feel that you don't owe the amount take along every scrap of evidence you can muster. Remember YOU will be the one presenting it so get it lucid, plain and easy to understand in chronological order. There is nothing to be terrified about it is a relaxed explanation from both sides that will be considered.

2007-12-24 01:56:39 · answer #2 · answered by professor 3 · 0 0

Yes, if you loose the case you are responsible for what ever judgment is against you. Getting the JUDGMENT is easy-they just have to prove your at fault. Getting their money is not that easy. There are lots of people who default on small claims judgments. BUT-the judgment goes on your credit file until paid and people who loan money for cars, houses, and student loans for college do not like to see judgments unsettled. They also can garnish your income tax (when you get a job) no matter where you go, that record will follow you. As long as you have your social security number (which is required for employment or disability payments) you are leaving a trail. Best consideration is to make arrangments with the court to sent money into the account they will set up for you and pay it off. As long as you are making payments they won't take your wages.

2007-12-24 01:15:30 · answer #3 · answered by tskelton155 5 · 1 0

In small claims, the plaintiff pays the filing fee when he files the case, but if he wins it is added to the Judgment.

Yes, lots of people don't pay judgments. If your credits already messed up, and you don't have wages for the plaintiff to garnish, or a bank account for him to attach, then you can even get away with it.

Richard

2007-12-24 01:12:58 · answer #4 · answered by rickinnocal 7 · 0 0

The person filing the case will pay the "fee." But if you lose, you will need to pay the judgment. There are ways they can get a hold of your asset once they win, but if you have nothing, then the most they can get out of you is nothing.

2007-12-24 01:09:38 · answer #5 · answered by Andy 4 · 0 0

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