Quote:
Originally Posted by Sad in Palm Springs
Thank you again, Lovehound!
So, I checked and there IS a form called a request for Court Order and Answer which is similar to a motion to dismiss. I don't know how effective it will be, but if I do end up going to Court, at least my explanation will already be in the record...like an affirmative defense.
So I don't start off cold as a Defendant and LL gets to blab on an on before the Judge knows about the judgment!
And of course, you are RIGHT!! While I flew around here yesterday with visions of having him hauled away in handcuffs (what a great visual!) and me getting a huge windfall, cooler heads must prevail!
Also, since Aug. 11 is 30 days since MY judgment award, I will start filing to collect my monies that I was awarded!
His small claims case is Aug.22, so I will be able to tell Judge I am in collecting process!!
I should keep you on retainer! You are very nice to have written to me!!!
Best,
melanie
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Aw shucks, ma'am.
I think this is when I jump on my horse and ride off into the sunset as the letters "The End" are emblazoned across the screen.
I think I'm like a lot of people here. We like to help people. We enjoy solving problems, wondering what we would do in some situation, we sometimes want to show off, it's interesting and challenging to solve a problem. It's satisfying to see somebody who is being treated badly and right the wrongs.
I'm fairly along in my hears so I've had a lot of training in the school of hard knocks. I've been in small claims court only once, and it was because I felt that the couple who sold me my first house did me wrong. I found out about how things work in small claims court and I have no idea how because that was before the Internet. Maybe I went to small claims court and got some hand outs and read them until I understood the process. But I won, because I followed up all the procedures and brought my documentation, and the defendants brought ... a dumb look on their faces!!!
AFAIK all a dumb look on your face proves is that you're stupid. We were told our case would be coming up shortly, and asked if we would meet with a mediator (paralegal?) and see if we could resolve our differences before facing the judge. We did, and after the mediator heard both sides we were informed that I had a winning case and the defendants would certainly lose, and suggested we settle. They refused. So long story short, the judge said the same thing: I won. I was the one with the documentation and they were the ones with the dumb looks on their faces.
The point that I'm making is that when faced with small claims court you should understand the process, should research procedures and requirements since we have our wonderful Internet now, and that documentation beats a dumb look.
I expect that most cases with any documentation the one with the docs often wins. I don't know what happens when both sides show up with a dumb look. I suspect often cases are simply dismissed because neither party has a provable case.
And everybody, remember, if you ever sue anybody in small claims court include your filing fee and service fee in your total amount you seek.
Good luck Melanie! I can tell you're going to be the one who shows up with backing documentation, and that your opponent is stupid. Filing substantially the same case one has already filed and lost before sounds stupid to me. I hope you can take care of it via mail. I suggest you include copies of any relevant documents if you correspond with the court by mail. It's possible you can settle the whole thing without ever appearing in court.
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