Question about Small Claims Court in General Questions http://www.dslreports.com/forum/r20447865 en Wed, 20 Aug 2008 18:54:05 EDT Wed, 20 Aug 2008 18:54:05 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20504024 Julio : I'm positive. I know the person personally. Have known them for 2 yrs.]]> http://www.dslreports.com/forum/remark,20504024 Sun, 18 May 2008 22:45:44 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20503938 barkode15 :
said by Julio See Profile :

it was via Western Union.
Do you know for a fact that this person is in Indianapolis and not, say, Nigeria? And that you weren't "loaning" them money so you could get several million in return?

Western Union + Emails + Text Messages sounds like it could be a scam, but that's just from my past scambaiting experiences.]]> http://www.dslreports.com/forum/remark,20503938 Sun, 18 May 2008 22:25:45 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20502755 INT0CABLE : i told you not to get married for citizenship. those girls will leave you once they get the green card and they never pay the 10,000 they promise. they always pay the advanced half but forget the second]]> http://www.dslreports.com/forum/remark,20502755 Sun, 18 May 2008 17:46:40 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20502157 mocycler : As a matter of fact, I do have a law (JD) degree!

Heck, this one's easy. File the claim in New York. If the defendant has a problem with that, then it's on them to get the case dismissed for lack of jurisdiction.

To answer the question of what happens if you win and they still don't pay: Usually (not always), the judgement will go on the defendant's credit report and show up as a delinquent bill like anything else. If they really are a deadbeat they may not care about that either.

There is little the courts can do to force someone to pay a small claim. Simply winning isn't enough...you still have to actually collect the award. Thanks to network TV, small claims is a very misunderstood aspect of our legal system.

The court TV shows are actually not a bad route. How they work is a bit off-topic, so I won't go into that unless someone really wants to know.

Small Claims is best used to settle disputes with businesses. They do not want additional public embarrassment or risk having the matter escalated to involve more serious consumer protection laws, so they are more inclined to obey the judgement.

mocycler ]]> http://www.dslreports.com/forum/remark,20502157 Sun, 18 May 2008 15:03:38 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20501341 takeahike : Wow! Cool! This is the issue that law students spend the first three weeks of their Civil Procedure course in their first year of law school studying. Needless to say it can be somewhat complicated. The leading U.S. Supreme Court case on the issue was decided in 1945. See: »en.wikipedia.org/wiki/International_Shoe.

My advice: sue him in NYC, where it is most convenient for you. The "jurisdiction" issue has to be asserted as a defense, so if he doesn't raise it he will be deemed to have submitted to the jurisdiction of the court, waived the defense, and you will have eliminated the issue. If he raises it and you lose on it, since any dismissal would be on procedural grounds (i.e., without 'prejudice' to the merits of the case) you always have the option of re-filing in Indiana. Just make sure that you still have time to file in Indiana after any decision is made in New York on the issue, i.e., within whatever the "statute of limitations" on that type of case is there.

You should bear one other thing in mind: collecting on a judgment is often much more difficult than getting one, and this difficulty may be amplified across state lines. Does he have any assets that can be attached or will he voluntarily come forward and pay you if you win? It may become very difficult for you to collect if he wants to resist paying or if he doesn't have any substantial assets.
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said by PCInTech See Profile :

said by Julio See Profile :

Maybe I should get Niko Bellic to collect for me :)
Hey... you want Papa to get his cousin Vinny to go out to Indiana and break some legs for ya? ;) ;) ;)
sure, why not? :D
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said by Julio See Profile :

Maybe I should get Niko Bellic to collect for me :)
Hey... you want Papa to get his cousin Vinny to go out to Indiana and break some legs for ya? ;) ;) ;)]]> http://www.dslreports.com/forum/remark,20485918 Thu, 15 May 2008 08:48:02 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20474285 Julio : Maybe I should get Niko Bellic to collect for me :)]]> http://www.dslreports.com/forum/remark,20474285 Tue, 13 May 2008 09:03:43 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20474213 waldoooo :
said by Julio See Profile :

I believe that you can have city marshals take property to sell it to satisfy the judgment, well at least in NYC. My mom had to take someone to small claims court before in NYC and that's what I saw on the back of the paper with the judgment on it.
not sure how it works in NY, in CA you can have the Marshall go to a business and collect the incoming money until you get paid but it is very hard to collect from a person who fails to pay after a judgement. Plus you will have to travel to Indy at least one time maybe twice if you can't file the case online. That alone is going to cost you probably 400-1000 after travel/food/lodging each time.

Being from Brooklyn can't you locate Moose n Rocco to help your friend find his checkbook??? lol]]> http://www.dslreports.com/forum/remark,20474213 Tue, 13 May 2008 08:38:23 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20462778 Julio : I believe that you can have city marshals take property to sell it to satisfy the judgment, well at least in NYC. My mom had to take someone to small claims court before in NYC and thats what I saw on the back of the paper with the judgment on it.
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And also, what if theres no collateral, property owned, and/or the person is broke?

EDIT: I've noticed Judge Mathis is the easiest to win with if your the plaintiff. I always see him award pain and suffering to as opposed to Judy's bitch ass just screaming at you, saying such things as "thats a frivolous claim... grow some nuts, ma'am"]]> http://www.dslreports.com/forum/remark,20462170 Sat, 10 May 2008 16:29:37 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20459912 Lowtarget : I can see after Judge Judy shows ends.

Like to say thanks to dslreports users, without them I could not win.

:D]]> http://www.dslreports.com/forum/remark,20459912 Fri, 09 May 2008 23:58:35 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20453767 dvd536 :
said by Julio See Profile :

mmmm. That might not be bad. Whats the limit on their payouts?
Each state has their own statutory maximum on small claims. most states its 3K, some 5K.
just remember to give props to DSLR at the end when the credits roll. :)
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-Tzale

EDIT: I see someone beat me to it!
Come to think of it... It probably wouldn't hurt to make up a case and split the 5 grand between two people any way. :D]]> http://www.dslreports.com/forum/remark,20452816 Thu, 08 May 2008 17:05:23 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20452646 weaseled386 : I think $5k.]]> http://www.dslreports.com/forum/remark,20452646 Thu, 08 May 2008 16:36:49 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450736 Julio : mmmm. That might not be bad. Whats the limit on their payouts?]]> http://www.dslreports.com/forum/remark,20450736 Thu, 08 May 2008 10:30:29 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450723 cocothebean :
said by weaseled386 See Profile :

This sounds like a case for Judge Joe Brown!!!

Oh, please!!!
Judge Judy is the person to call!!!
:D ;)]]> http://www.dslreports.com/forum/remark,20450723 Thu, 08 May 2008 10:28:31 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450712 Julio : I will have to look at the manual for it to see if there is a way.]]> http://www.dslreports.com/forum/remark,20450712 Thu, 08 May 2008 10:26:33 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450700 weaseled386 : Is there a way to hook it up to a printer?? If not, it should at least have an email client. That way you could easily email the logs to a computer with a printer. ]]> http://www.dslreports.com/forum/remark,20450700 Thu, 08 May 2008 10:24:43 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450653 Julio : mmm not sure. I have a Windows Smartphone. Wonder if they have programs for it.]]> http://www.dslreports.com/forum/remark,20450653 Thu, 08 May 2008 10:12:11 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450197 Hall :
said by weaseled386 See Profile :

Is there a way to get a hard copy of the chat logs from the cellular provider?
Your wireless provider has the ability to do it but likely won't without a court order. You could use a program like BitPIM (for CDMA phones) but nothing proves it's legit. I would retrieve them from the phone and print them (for ease of reading) but keep them on the phone to show the number they're from.

What about forwarding the text message to an e-mail account ? Wonder if it retains enough info ?]]> http://www.dslreports.com/forum/remark,20450197 Thu, 08 May 2008 08:12:50 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450186 weaseled386 : This sounds like a case for Judge Joe Brown!!!

Is there a way to get a hard copy of the chat logs from the cellular provider? There's a lot of room for speculation if you just type the chat logs out on WordPad or something like that.

This is why I refuse to loan anything more than I'm willing to lose. IE: if a coworker asks for some cash $10 limit, if my dad or sister asks for cash it's whatever I can give without my family going without!

Sorry I cannot answer what state/court you need to go to. But seriously... give Judge Joe a call :)]]> http://www.dslreports.com/forum/remark,20450186 Thu, 08 May 2008 08:08:03 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20450125 Julio : Well right now I'm still trying to get them to start paying it back before I go this route but I wanted to know my available options in case.
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So still likely more cost if they choose to just ignore/not pay....

Just as far BEYOND SMALL CLAIMS, (but still just civil law) OJ has gotten away with his BS.
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]]> http://www.dslreports.com/forum/remark,20449808 Thu, 08 May 2008 02:45:40 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20449781 cocothebean : I do believe that if you don't have anything in writing that it was a loan your case is weak at best!!!]]> http://www.dslreports.com/forum/remark,20449781 Thu, 08 May 2008 02:31:08 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20449577 Julio : They were in Indianapolis when I sent it to them.]]> http://www.dslreports.com/forum/remark,20449577 Thu, 08 May 2008 01:00:15 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20449405 NanDog : You said they live in Indianapolis now.

Were they in NYC when the issue occured?

You need to find out which court (state, county, municipal, etc.) has jurisdiction.

Then take it from there.
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Keep in mind that if you win and they don't want to pay you're screwed - AGAIN!!!]]> http://www.dslreports.com/forum/remark,20448979 Wed, 07 May 2008 22:52:59 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20448912 Julio : k. So the question that remains is. do I file in NYC? or Indianapolis?]]> http://www.dslreports.com/forum/remark,20448912 Wed, 07 May 2008 22:43:21 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20448883 NanDog : If there was no promissory note then have hard copy of everything that transpired between you and the other party. The chat logs, text messages, wire transfers, your bank statements that show the transaction(s), statements from family and friends that backup your claims, etc., etc.

The court will want any verifiable proof you can provide!
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See ya across the Rainbow Bridge, my good and faithful friend!]]> http://www.dslreports.com/forum/remark,20448883 Wed, 07 May 2008 22:39:05 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20448840 Julio : I got Internet chat logs and txt messages on my phone from them.]]> http://www.dslreports.com/forum/remark,20448840 Wed, 07 May 2008 22:32:08 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20448820 NanDog : You loaned them money. :uhh:

(Edit): BTW, been there, done that! :mad: :huh:

Did you get a promissory note or some other form of documentation?

If it was just a handshake agreement, your case will be tougher to prove.

Good luck! :)
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See ya across the Rainbow Bridge, my good and faithful friend!]]> http://www.dslreports.com/forum/remark,20448820 Wed, 07 May 2008 22:28:13 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20448603 Julio : it was via Western Union.]]> http://www.dslreports.com/forum/remark,20448603 Wed, 07 May 2008 21:46:09 EDT Re: Question about Small Claims Court http://www.dslreports.com/forum/remark,20448591 caddyroger :
said by Julio See Profile :

I loaned them some money. There was no purchasing involved.
Did you write a agreement and signed it. Have a cancelled checks where he cashed it. Anyone who witness the transaction. If you do not have proof If going to hard.
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See ya across the Rainbow Bridge, my good and faithful friend!]]> http://www.dslreports.com/forum/remark,20448209 Wed, 07 May 2008 20:36:14 EDT Question about Small Claims Court http://www.dslreports.com/forum/remark,20447865 Julio : I had a question about small claims court and where to file. I'm trying to take someone to court that owes me money. The problem is, I live in NYC and they live in Indianapolis now. Can I file in NYC? or do I have to do it in Indianapolis? If I have to do it in Indianapolis, can I file it by mail? or must I go in person to file it? I know I will have to show up on the court date for it but do I have to go in person to being the filing process? The amount I'm suing for is $1,200.
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