anyone been to small claims court? - Zilvia.net Forums | Nissan 240SX (Silvia) and Z (Fairlady) Car Forum

Tenchuu · 01-12-2006, 06:41 PM

I'll try t keep it short as this is not a grivence forum and i am looking for advice on the court procedures, not a sob fest about getting taken.

guy agrees to ship motor and items for me, it never shows, we agree that he pays me back never happens.

now here's the thing since he is an american in Okinawa Japan, i was told that i will have to sue him in his home state, no problem what's a little trip for over 7K in return. thing is guy says that he can't pay for a ticket back.
What happens when i show up to small claimes and he doesn't??

I know none of you are probibly into law, but i also know that some of you have gotten scammed and might know the answer to this from your experiences tring to get money back from less than reputable companies.

thanks

NZO · 01-12-2006, 07:37 PM

If the defendant does not show up, the judge considers the evidence and renders a decision. That doesnt mean you automatically receive a decision in your favor but obviously its very likely. In this situation since he lives outside the country I dont know how it will affect the case. If you havent already, go talk to the small claims advisor at your local court, they can answer all your questions and help you get prepared for the court date.

**ThatGuy** · 01-12-2006, 07:44 PM

Tell him to look into a MAC flight. He should be able to afford that, and I doubt his command would deny him "vacation" to appear in court.

Tenchuu · 01-12-2006, 07:47 PM

guy is no longer millitairy, so i don't think he has MAC flight privilages anymore. but i am not sure.

thanks for the info NZO.

**ThatGuy** · 01-12-2006, 07:53 PM

Hmmm, yeah nevermind then. Sorry bro. Good luck!

**mrmephistopheles** · 01-12-2006, 07:56 PM

7k isn't small claims i don't think
I think <5k is small claims.

Tenchuu · 01-12-2006, 08:19 PM

I thought it wsa a 5K limit too, but they said that it was recently raised to 7500 and he only owers me 72xx and that small calims is better to take soemone to court in due to the lack of cost vs fully takeing someone to court.so i really don't trust the guy, but what can i do free millitairystupid lawyers really can't mess this one up it is so easy.

nistech · 01-13-2006, 05:35 AM

i wish u good luck but can u kinda explain why he doesnt want to resolve it without going to the court.

Tenchuu · 01-14-2006, 01:33 PM

patience is a virtue. how many zilvians wait 2 years for someone to ship them items paid for?? I think that i have already had the patience of a saint before going to legalactions.

*Jonnie Fraz* · 01-15-2006, 02:21 AM

Here is somthing else to consider, if you go to court and you win all you get is a judgment in your favor. The other person can still refuse to pay, you will have to go back to court to have their wages garnished. This happened to my wife the other person refused to pay the judgement, and still has not paid a cent. We got our judgment at least ten years ago. Hopefully when you win they will just pay up.
Good luck

Tenchuu · 01-15-2006, 11:58 AM

yeah i plan on trying to get it garnished as it has gone on for years on good faith and no payment has been recived. thatnks for the tip though, i wll talk to the laywer about going straight to requesting a garnishment.

01-12-2006, 06:41 PM	#1
Tenchuu Post Whore! Join Date: Apr 2004 Location: Oregon Age: 42 Posts: 2,474 Trader Rating: (8) Rides Gallery: Tenchuu Feedback Score: 8 reviews	anyone been to small claims court? I'll try t keep it short as this is not a grivence forum and i am looking for advice on the court procedures, not a sob fest about getting taken. guy agrees to ship motor and items for me, it never shows, we agree that he pays me back never happens. now here's the thing since he is an american in Okinawa Japan, i was told that i will have to sue him in his home state, no problem what's a little trip for over 7K in return. thing is guy says that he can't pay for a ticket back. What happens when i show up to small claimes and he doesn't?? I know none of you are probibly into law, but i also know that some of you have gotten scammed and might know the answer to this from your experiences tring to get money back from less than reputable companies. thanks

01-12-2006, 07:37 PM	#2
NZO Zilvia FREAK! Join Date: Mar 2002 Location: Reno, NV Age: 42 Posts: 1,424 Trader Rating: (0) Rides Gallery: NZO Feedback Score: 0 reviews	If the defendant does not show up, the judge considers the evidence and renders a decision. That doesnt mean you automatically receive a decision in your favor but obviously its very likely. In this situation since he lives outside the country I dont know how it will affect the case. If you havent already, go talk to the small claims advisor at your local court, they can answer all your questions and help you get prepared for the court date. __________________ sentinelguild.com/nzo/PFCDB/

01-12-2006, 07:44 PM	#3
ThatGuy Admin Asshole Join Date: Mar 2002 Location: Retired Age: 45 Posts: 20,394 Trader Rating: (0) Rides Gallery: ThatGuy Feedback Score: 0 reviews	Tell him to look into a MAC flight. He should be able to afford that, and I doubt his command would deny him "vacation" to appear in court. __________________ "Speak softly,..." -Pres. Teddy Roosevelt "Be polite, be professional, ..." -Gen. James Mattis

01-12-2006, 07:53 PM	#5
ThatGuy Admin Asshole Join Date: Mar 2002 Location: Retired Age: 45 Posts: 20,394 Trader Rating: (0) Rides Gallery: ThatGuy Feedback Score: 0 reviews	Hmmm, yeah nevermind then. Sorry bro. Good luck! __________________ "Speak softly,..." -Pres. Teddy Roosevelt "Be polite, be professional, ..." -Gen. James Mattis

01-13-2006, 05:35 AM	#8
nistech Zilvia Addict Join Date: Dec 2004 Location: CAli Age: 41 Posts: 746 Trader Rating: (0) Feedback Score: 0 reviews	i wish u good luck but can u kinda explain why he doesnt want to resolve it without going to the court. __________________

01-12-2006, 07:47 PM	#4
Tenchuu Post Whore! Join Date: Apr 2004 Location: Oregon Age: 42 Posts: 2,474 Trader Rating: (8) Rides Gallery: Tenchuu Feedback Score: 8 reviews	guy is no longer millitairy, so i don't think he has MAC flight privilages anymore. but i am not sure. thanks for the info NZO.

01-12-2006, 08:19 PM	#7
Tenchuu Post Whore! Join Date: Apr 2004 Location: Oregon Age: 42 Posts: 2,474 Trader Rating: (8) Rides Gallery: Tenchuu Feedback Score: 8 reviews	I thought it wsa a 5K limit too, but they said that it was recently raised to 7500 and he only owers me 72xx and that small calims is better to take soemone to court in due to the lack of cost vs fully takeing someone to court.so i really don't trust the guy, but what can i do free millitairystupid lawyers really can't mess this one up it is so easy.

01-14-2006, 01:33 PM	#9
Tenchuu Post Whore! Join Date: Apr 2004 Location: Oregon Age: 42 Posts: 2,474 Trader Rating: (8) Rides Gallery: Tenchuu Feedback Score: 8 reviews	patience is a virtue. how many zilvians wait 2 years for someone to ship them items paid for?? I think that i have already had the patience of a saint before going to legalactions.

01-15-2006, 02:21 AM	#10
Jonnie Fraz Premium Member Join Date: Jan 2005 Location: Cali Age: 56 Posts: 1,371 Trader Rating: (29) Rides Gallery: Jonnie Fraz Feedback Score: 29 reviews	Here is somthing else to consider, if you go to court and you win all you get is a judgment in your favor. The other person can still refuse to pay, you will have to go back to court to have their wages garnished. This happened to my wife the other person refused to pay the judgement, and still has not paid a cent. We got our judgment at least ten years ago. Hopefully when you win they will just pay up. Good luck __________________ Stealth-Custom-Fab.com

01-15-2006, 11:58 AM	#11
Tenchuu Post Whore! Join Date: Apr 2004 Location: Oregon Age: 42 Posts: 2,474 Trader Rating: (8) Rides Gallery: Tenchuu Feedback Score: 8 reviews	yeah i plan on trying to get it garnished as it has gone on for years on good faith and no payment has been recived. thatnks for the tip though, i wll talk to the laywer about going straight to requesting a garnishment.