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View Full Version : Has anyone here filed in the local small claims court?


Arubagirl2000
08-18-2012, 05:25 PM
I am going to file a claim, and was wondering how long it takes, etc.

asianthree
08-18-2012, 07:00 PM
depends on the county up north it was 60 days

rp001
08-18-2012, 08:07 PM
I am going to file a claim, and was wondering how long it takes, etc.

If you believe you have been wrongfully or fraudulently billed, try the seniors vs crime..They are fantastic and it's free to the Villagers..They helped me and it only took a couple of weeks...I'm not affiliated with them in any way, just very happy with these volunteer's work and ethics.

MLBellis
08-18-2012, 11:34 PM
I have filed in small claims court in Ocala. As soon as the court has an opening date that is as long as it takes (after the person is servered) about a month. I am not sure on what your claim is. I had a women hit my car from behind, she did damage, did agreed to it, police told her she needed to pay...but didn't. I took her to court. I have the police there as a witness, but lost the case because the dealership did no come to say that the estimate was vailed. The judge said I should have Subpoena him. Who knew?! After it was over, the judge said to her, you know you did wrong you should pay for the damages, she said no, cause she won the case :(

Ragman
08-19-2012, 07:57 AM
I have filed in small claims court in Ocala. As soon as the court has an opening date that is as long as it takes (after the person is servered) about a month. I am not sure on what your claim is. I had a women hit my car from behind, she did damage, did agreed to it, police told her she needed to pay...but didn't. I took her to court. I have the police there as a witness, but lost the case because the dealership did no come to say that the estimate was vailed. The judge said I should have Subpoena him. Who knew?! After it was over, the judge said to her, you know you did wrong you should pay for the damages, she said no, cause she won the case :(

Unfortunately this happens often when a person goes to court without advice or representation by an attorney. What seems to be a "simple case " is lost on a technicality. It's always good to at least consult an attorney unless the amount is so small to not justify the cost.

Disclaimer: I'm not a lawyer.

:wave:

Jim 9922
08-19-2012, 09:34 AM
Another problem with small claims court, (or any judgement you win) is that you have to get the defendent to pay the judgement. That may require more legal action which isn't worth the expense in relation to the settlement obtained.

Case in point, a few years ago a man in Wisconsin couldn't collect a minor settlement from The Soo Line Railroad so he obtained a partial garnishment on a locomotive. He served it with the help of the sheriff just as the thing was going to pull out of town with a 50-plus car freight train attached. He got his money, cashiers check, no less, in less than a half hour. Extreme, expensive, but he made his point!