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Topic: General conversation... (Read 807 times) previous topic - next topic

Qdeathstar

small claims court is judge judy. there ain't no jury in small claims court.... the judge will be wondering why you are hiding behind a lawyer.  How many civil court cases have you had to serve as a juror? Unless your talking huge sums of money, jury's for civil cases are fairly rare.... as is being called for jury duty....


good luck with that.
A creaking creeping shadow
stiff against the freezing fog
glares at a tickless watch.

Time has failed him -- all things shall pass.

ChrisTenone

Right. I don't know about Maine, but there is a dollar threshold in Arizona that gives the defendant the option of a jury trial. If it's below that threshold (I think it's $5000) then the case is directly adjudicated by the judge. Also, if you win, it is your financial responsibility to collect. If you put a lein on the property, it gives them some incentive to pay up.
tanstaafl

ardly

prices are direct from our company lawyer, and why wouldn't we bring a lawyer? every civil case i have been to via jury duty, has brought a lawyer. this isn't Judge Judy ;)

~Travis
I suggest you read very carefully how the Small Claims system in your area works, and what the costs are if you win or lose.

As I understand it the aim of Small Claims is to have a relatively simple procedure that people can follow themselves without the need to get lawyered up. That means if you do use a lawyer then the costs of the lawyer will probably be down to you whether you win or lose. Since it is a 'small claim' those costs could easily wipe out any money you are awarded.

By the same token if the defendant has employed a fancy lawyer and wins, you probably will not have to pay his costs.

I say 'probably' because the devil is in the detail and you really need to read all the court paperwork carefully so that you understand the process.
"Facts do not cease to exist because they are ignored" - Aldous Huxley

travis_farmer

apparently it is not small claims. $5700 is over the small claims limit.

in any case, one of the people that has owed us for a while (not the one we are taking to court), has decided to start making payments. :D :D :D this is great, as it was so unexpected.

~Travis
My GitHub: https://github.com/travisfarmer?tab=repositories
My website is where i organize my thoughts and ideas. feel free to visit it (http://tjfserver.ddns.net/).
My Radio Station: http://travisfarmer.caster.fm/ (if i am on-air)

Qdeathstar

oh, you said small claims....
A creaking creeping shadow
stiff against the freezing fog
glares at a tickless watch.

Time has failed him -- all things shall pass.

travis_farmer

oh, you said small claims....
yeah, i found that out later.

~Travis
My GitHub: https://github.com/travisfarmer?tab=repositories
My website is where i organize my thoughts and ideas. feel free to visit it (http://tjfserver.ddns.net/).
My Radio Station: http://travisfarmer.caster.fm/ (if i am on-air)

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