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What happens when you lose in small claims court and must pay the plaintiff?
Wiki User
∙ 15y ago
The person will not go to jail, as such an issue is a civil matter not a criminal one. The winning plaintiff in a lawsuit is responsible for enforcing the judgment entered, the court will not do it for you, regardless of whether it is a small claims, circuit or district court case. A small claims judgment can generally be used only as a monetary recovery, only a few states allow such judgments to be executed as liens against real property. The best option is wage garnishment or bank account levy. The person must be cautious in the execution of a judgment so as not to cause impediment to exempt property belonging to the debtor or any joint property owned with someone who was not a part of the lawsuit. The clerk of the court will assist a judgment holder in obtaining the court forms and prescribed procedures needed. Please be advised, court clerks or administrators may only impart general information. They cannot (will not) give legal advice nor comment on what the best action is for a plaintiff or defendant to take.
Wiki User
∙ 18y ago
Wiki User
∙ 15y agoYou must pay the plaintiff. Otherwise, the plaintiff may execute on your assets. Talk to the clerk of the court about a possible appeal if you are dissatisfied with the verdict--appeal is allowed in some jurisdictions. I would call an attorney in the local phonebook who offers "free consultations" to get insight into whether an appeal would be a good way to go.
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Who pays court fees in small claims court?
The plaintiff does when they file a claim. These charges can be recovered if the plaintiff wins his case.
When the attorney for the plaintiff does not show up in a small claims court is the case dismissed?
In small claims court, if the attorney for the plaintiff does not show up, the case may still proceed. However, it ultimately depends on the judge's discretion. The judge may choose to dismiss the case or reschedule it for a later date.
How long does a person have in small claims court to pay the judgment for the plaintiff?
The time given to pay a judgment in small claims court varies by jurisdiction, but it typically ranges from 30 to 60 days. It's important to adhere to the court's timeline to avoid further legal consequences. If you need more time to pay, you may be able to negotiate a payment plan with the plaintiff or seek assistance from the court.
Where do you originate your small claim if you are the plaintiff?
Small claims court in the county where the defendant resides or the county in which the claim arose.
Is a transcript of what happens in small claims court kept?
Yes, a transcript of the proceedings in small claims court can be requested and produced. However, it may come at an additional cost to the individual requesting it. It is important to check with the specific court on their transcript policies.
Do you have to give deposition at defendants lawyer's after filing small claims suit?
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
How you can appeal as a plaintiff after judgment in small court?
File an appeal with the clerk of court. Im most states you only have 5 days to appeal Small Claims court decision, which ultimately will go to higher court.
Plaintiff's claim and order to go to small claims court disposed with disposition of court dismissal- lack of prosecution?
The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).
Who decides if civil or small claims?
The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.
Can a small claim charge be made in court without you knowing it?
No, if you are the party who is being sued the plaintiff must serve you with notice. Generally, with small claims court actions you will be notified by the court of the time and date of the hearing.
What happens if I live out of state and can't go to small claims court?
You lose.
Can a plaintiff sue for pain and suffering in a small claims court?
Can I sue in small claims court (the one that I sue up to $25,000) for punitive damages and pain and suffering in new york city?All answers can be e-mail at my e-mail address: benharris129.bh@gmail.comthanksBen
