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Tractor Talk Discussion Board

Re: Small claims/debt court any of you dealt with it???


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Posted by John T Country Lawyer on October 29, 2015 at 06:57:40 from (216.249.74.3):

In Reply to: Small claims/debt court any of you dealt with it??? posted by jocco on October 29, 2015 at 05:23:16:

As usual, Legal or Electrical questions get more answers then any other topic.

You ask "AS plantiff or defendant??? What was the out come? Guess every state handles it different"

YES, I have been there as PLAINTIFF as DEFENDANT as Attorney for either party

YES, different states have different small claims laws and provisions, so what Billy Bob experienced in his state may be far
different then Bubba in his state.

You ask "Around me the issue seems to be you can go and win (or lose) but collecting is a different matter.

YES I have seen or won may judgments HOWEVER if the defendant is "judgment proof" and/or don't own real estate its likely
YOU MAY NEVER COLLECT A RED CENT (Garnishment or real estate liens if available can help but cost money)

You ask "Also many times one party will not show up"

In that case move for a default judgment which should normally be granted. Have the defendants name and address and
phone number and employer and other info you can gather up.

Don't bet the farm or risk money on non professional or lay opinions or even professional (mine included) advice until such time the local laws have been researched as well as all relevant facts and evidence.

Best wishes, have all the facts and evidence and any witnesses etc in order and be prepared as small claims hearings are brief.

John T BSEE, JD Country Lawyer


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