Small Claims Basics are a subject that could fill numerous textbooks. Each case presented in a Small Claims Court has its own unique character traits. The fundamentals of a small claims case that is provable to a Judge or magistrate needs to fit certain criteria. First, it is imperative that information like the defendants name, address, physical location and the defendant themselves be under the jurisdiction of the Small Claims Court you choose.
A Small Claims action is filed through a very simple process of written form with the court, outlining the allegations and damages that are requested from you, the Plaintiff. The Clerk of Court types your written complaint into a formal complaint. The complaint is then attached with a seal from the Courts Clerk and three copies are presented to you for inspection. Be sure to inspect all documents for accuracy. Once you are satisfied with the wording, you will sign the formal complaint and a date for trial will be set.
At trial, you will present all of your records, receipts and supporting documents to the judge. The Defendant will also do the same. Witnesses can be called from both parties to testify for or against parties. The Small Claims judge will hear all sides of the claim. Upon hearing all testimony and examining all witnesses presented, the Small Claims Judge will render a verdict. If you as the Plaintiff are found in favor , you will receive a monetary award of Judgment from the Courts.
Collecting these types of judgments will usually take the services of a Licensed Collection Agency, specializing in collecting these types of debts. Collection agencies that deal with Small Claims Judgments often do not require any up-front fees to collect. Often, a percentage is taken out of the recovered Judgment against your debtor. Sometimes a Collection Agency will add a fee onto the actual Judgment and charge the debtor the original judgment debt. and all costs to utilize the services of the Collection Agency.
Debtors that are pursued and coerced to pay outstanding Judgments by a Licensed Collection Agency stand a better chance of paying their debts. Plaintiffs who try to pursue a judgment and enforce it on the Debtor usually end up with more hassle than the debt is monetarily worth. Collection Agencies are always the best choice to collect a Judgment.
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