OT: Any Piggs have experience in Small Claims Court?

[Ricechex]

Hi All,
I haven’t posted in awhile, but I have still been lurking about. The Piggs have been so helpful to me in the past, as their are so many professions represented here and knowledge, so I figured I would give this a shot.

I am not a litigeous (sp?) type and I have never filed more than a dispute on my CC for foriegn charges, but recently I spent quite a bit of money for a service that was not handled properly. I was ultimately cooperative with the provider and tried to work things out, but he stalled for months, made excuses, and would not opt for any other solutions to remedy the matter. He was really an arrogant you know what.

I was told by the Small Claims Advisor that I would have a better chance to choose a trial date and time if I file in person. Thus, I plan to go on Friday. Does anyone know any judges over there? (So I could try and pick the right day….) Judges that would be sympathetic to the plaintiff getting ripped off by an M.D.?

Any other feedback about how to handle Small Claims? Any attorneys in the Piggs world that wouldn’t mind lending me their ear?

[Allan from Fallbrook]

Ricechex: Which courthouse? Are you in San Diego?

[Hobie]

It’s all about the damages and credibility. How much $$ are you harmed and can you prove it. Backed up with docs. Depending on the amount and the circumstances, your doctor may not show and its an automatic win for you and his insurance will cover.

I’ve won several times and the better you are prepared with time lines, phone records, receipts, witnesses, etc. the better. You don’t have much time to prove your case. Just the facts, ma’am

The court may ask you to work out a compromise 30 min before the real case begins. Be ready for that.

It is a little scary, but when you know you are right, the judge can see it. They see a lot of bs’ers and are pretty quick with good questions that will smoke them out fast. Dress appropriately, cover tats and loose the piercings..

Good luck.

[Ricechex]

Allan–case is in Clairemont, San Diego.
Hobie–thanks. Really good feedback, I am definitely no BS’er. I have time lines, photos, and docs. I have no tatts, piercings, and dress professionally.

[Allan from Fallbrook]

[quote=Ricechex]Allan–case is in Clairemont, San Diego.
Hobie–thanks. Really good feedback, I am definitely no BS’er. I have time lines, photos, and docs. I have no tatts, piercings, and dress professionally.[/quote]

Ricechex: Hobie drafted a real good response. I’d add that most San Diego courts provide access to a small claims advocate that can help with drafting a complaint and the particulars of appearing before a judge. While attorneys are not allowed to appear on your behalf in Small Claims court, they can help in preparing/drafting a complaint and walk you through service of process.

Hobie is spot on in terms of the “no BS” approach. Been to small claims 2x and prevailed both times. Had an attorney friend help nail down the high points and he advised me to be quick, clear and to the point. Have your facts ready, be truthful in all of your responses and respectful of the judge. On both occasions, the opposing party hemmed and hawed and didn’t bring supporting documentation (because they had none) and on both occasions they got creamed.

One final point: If you prevail and obtain a judgment, you are still not done. You have to enforce the judgment and get your money. This is by no means an easy process and you should research the ins and outs of judgment enforcement. While the court awards a judgment, they do nothing to enforce it.

[UCGal]

[quote=Allan from Fallbrook]One final point: If you prevail and obtain a judgment, you are still not done. You have to enforce the judgment and get your money. This is by no means an easy process and you should research the ins and outs of judgment enforcement. While the court awards a judgment, they do nothing to enforce it.[/quote]

This!
I won a judgement. She didn’t pay. I served her to reappear… she told the LA county sherrif (where we tracked her down) that she wasn’t home. (We talked to the sheriff that tried to serve the subpoena… she had distinctive looks so we’re sure she answered the door.) 30 years later, I never saw a penny.

In my case it was a motor vehicle accident (she was uninsured.) We went after her license. I suspect that didn’t affect her… I’m sure she continued to drive w/out a license. But at least I tried to collect.

Winning a judgement is just the first step in a process. It’s not a guarantee.

But it sounds like insurance might help you collect.

[EconProf]

Hobie gave good advice above. You might want to have two copies of all materials–that way defendant can examine and have the opportunity to respond. This also shows you are experienced in court and willing to give the other side their chance. Also, don’t hand anything to the judge. Either give it to the uniformed officer, or ask if you can approach the bench. Shows respect.

[Ricechex]

Thanks Everyone! Great advice here. I am not concerned about getting the money, just because he is an M.D. in town, and I think it would be harder for him to disappear. He has his own practice. But then again, he has already been so manipulative and dishonest, so who knows?

I will definitely be very respectful, I work with the Navy and tend to be respectful as a general rule. I would not have known not to hand anything to the judge, and I will definitely make two copies.

[Author]

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