Take Creditors and Collection Agents to Small Claims Court by Community Members at Debt Consolidation Care - HTML preview

PLEASE NOTE: This is an HTML preview only and some elements such as links or page numbers may be incorrect.
Download the book in PDF, ePub, Kindle for a complete version.

How to prepare for the hearing?

Be well documented for the day of hearing. Keep in mind all the events related to your case that occurred so far. Try to remember them, step by step in the order they occurred Collect as many evidences as you can.

A good presentation in the court is necessary for you to win. Make a picture of the presentation in your mind. You must show your attempt for an out-of-court settlement with the other party in front of the judge.

Carry a printed copy of the laws (the FDCPA and the FCRA) on the basis of which you have filed the case because the judge might not know all the business laws.

 

On the day of the hearing:

Don’t hesitate because the hearing in Small Claims Court is very much informal. You will be called after you report to the court. There will be a swearing and after that you will be asked to explain your problem. Be short and precise. The judge may place his/her questions also and ask you whatever he/she wants to know. After listening to the defendant, and inquiring either party, the judge announces the decision.

What if either party fails to appear in the hearing?

If, for any reason, you are unable to make it on the day of hearing, your case will be dismissed. On the other hand, if the other party fails to appear in the hearing, you will win the case and the other party has to pay the amount you claimed for.

When and how will I get my money?

The Small Claims court does not appoint anyone to collect your money from the other party. If they fail to do the payment within 30 days or within the time decided by the court, you must take legal advice from an attorney. He/she may ask you to place a copy of the judgment in the civil docket of the court. Then you can claim their property (wages, bank accounts, cars and other personal belongings).

Can I go to other courts if I lose my case in the Small Claims Court?

If you lose your case in the Small Claims Court, you can approach higher courts within a certain time limit. So get to know the last date of your filing the case from your county courthouse clerk. The fee charged by Superior courts is usually higher.

Back to Index We follow the Creative Commons Attribution License for all works we publish.