Possibly, it depends on the circumstances. The claimant or their agents would have to show that they have made every effort to find you but were unsuccessful. If you have, for example, moved to several addresses and not kept your creditor informed then they could argue that you made it too difficult to find you.
If they just didnt make an effort to contact you then yes, you should talk to a lawyer about contesting the finding. This goes to the issue of service of process and the concept that you must be served with the summons and complaint in order for the court to have "personal jurisdiction" you. Note, through, that depending upon the State and the kind of case involved, personal service is not always required--for example, some States allow service of process upon the Secretary of State in some circumstances if a diligent effort of personal service has been made.
Another view: This question could have two possible answers DEPENDING ON what paperwork you are referring to and what stage of the process you are asking about.
If the question is about NOT being notified of the proceedings then the above answer might apply.
HOWEVER - if you are complaining about not being served with the court decision that awarded the claim to your creditor - you are out of luck - at least in the short run.
If they were awarded the judgment 'in default' (because you did not show up or raise a defense) you MAY be able to petition the court for a re-hearing, but you had better have some pretty convincing evidence to present in order to overturn the original finding and award. Generally, in a situation such as tha,t you have to be able to demonstrate a valide reason for not appearing in court or filing an answer (whichever was required) and that you have a valid, legal defense to the claim.
Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.
At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.
No. Small claims courts are for what their name implies - for collecting "small claims," usually considered in many (all?) states to be of tangible monetary value less than $5,000. If you were to wish to pursue a claim for intangible damages it would have to filed in civil court, but not on the Small Claims docket.
There are many suggestions to this question, the most important suggestion, in my own experience, is to make a record of everything that is involved in the issue and the person bringing the suit. Recording includes journaling, keeping receipts or any other pertinent records, and even making audio recordings of any dealings between the two of you or any other person involved.
Most homeowner policies require notification as soon as the loss occurs. The Commonwealth of Mass has a two year statute of limitations; however, most insurance companies will proceed under a non-waiver agreement or reservation of rights letter, as the report of the loss moves away from the date of loss. They do this so that their rights are protected.
With such an agreement in place, the insurer will proceed to investigate the cause of the loss and if their rights have not been prejudiced, they will continue to negotiate and settle the claim with the homeowner.
As the reporting time of the claim moves beyond a day or two, things can happen which could compromise the insurer's ability to determine the available coverages, the actual cause of the loss or determine the responsible parties. If the late reporting compromises their efforts they may deny coverage based on the late report of the incident.Small Claims Court- Civil
If this is the type of Statute of Limitations to which you are referring, it is defined by statute in each state. The civil lawsuit must be filed with the court having proper jurisdiction within the governing limitations period, or else the suit will be time barred. Service of process will also have to be made on each defendant so that they have actual or constructive notice of the lawsuit. While the accomplishment of service is not necessary for the lawsuit to be deemed timely filed within the limitations period, the failure to achieve service and/or the failure to diligently pursue the achievement of service may result in the dismissal of the lawsuit against the unserved party. In that event, the applicable Statute of Limitations may expire as to that person or entity in the interim.
The limitations period depends both upon the state in which the action will be filed (either where the cause of action accrued, where one or more of the defendants reside or do business, or where the contract was entered or breached), and the basis of the cause of action. As to the latter, there will generally be different limitations periods depending upon whether the cause of action sounds in tort (generally defined as a "personal wrong", such as battery, slander, negligence), or in contract (a promise for a promise, a promise for an act, or an act for an act). As to breach of contract cases, the limitations period can differ depending upon whether the contract was verbal or written.
As far as the mail is concerned - it is covered by US Statute and it is illegal for anyone to take anyone's mail out of the mailbox for any purpose. In fact it is even illegal to place anything into a mailbox that was not delivered by the US Mail - the Post Offcie can and many times demanded that postage be paid on those items.
What do you mean by "hold" their mail? Either you live somewhere or you don't.
If the claim for which you are bringing suit warrants lost wages, you can include them in your suit.
In many cases, a defendant's failure to appear (or to request a continuance) will result in a summary judgment. This can result in further legal proceedings against the defendant even if it is eventually appealed.
In most cases, yes. That is what insurance is for.
Farmers Insurance. I figure since they sent 3 people to represent or help the defendant with her case, and lost. They should cover the judgment that was in my son's favor. My son's insurance is 21 century.
Look to your states laws, court precedents, and rules. Most post motions such as, "a motion for new trial", will preserve your right to appeal. Any appeals based on a De Novo review from a small claim court will allow you to appeal, regardless.
Yes. Anyone can testify in court of any kind if they have knowledge of relevant facts and have some way to communicate to the trier of facts (either the judge or the jury).
A minor can testify, so long as they know what it means to tell the truth.
Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.
Not usually: if this is a private matter in your personal life. If, however, it involves your work place or a business, consult a lawyer.
yes you can the law allows anyone to file a small claims lawsuit. But make sure you have his correct address my suggestion is you send what is called a "DEMAND LETTER" by regular us mail and by certified mail "restricted delivery". its about $10.00 at the post office give him 30 days to pay. Dont worry if he dosent sign it just make sure you have his correct home address. Donot accept partial payment. DO NOT ACCEPT A CHECK. CASH OR MONEY ORDER ONLY. IN FULL> if he does not pay in 30 days file a small claims lawsuit against him in the local court nearest to his address. call the small claims court and ask questions. its easy simple and hopefully you will get your money. If you win hire a collection agency to collect your money. GOOD LUCK! JUDE KAGABINES LEXINGTON SC
You can only sue in small claims court for damages. Landlord and tenant cases are only opened by landlords, not the tenant. If, under constructive eviction clause, you exercise your right to move out of that property and the landlord keeps your security deposit and any other payments you made before moving into the property - except for the first months rent unless that's when you're moving out, then you have the right to sue the landlord to reclaim that money.
What the payment is for will determine its taxability. For example, a payment you receive replacing something you lost, such as a car, your home, jewelry, etc., is generally not taxed. Awards and settlements related to personal injury are not taxed. Also, frequently, many of the costs of the lawsuit may be taken against the result and that can substantially change the tax result. (For example, if the attorney is paid a percentage fee or an hourly fee, and who pays for other expenses, are all directly related to who gets the income and or the right to deduct it). These deductions are miscellaneous itemized on Schedule A, and are reduced by 2% of adjusted gross income. Court awards and settlements for breach of contract, most torts, including punitive damages, are generally taxable with the exception of those relating to personal injury.
You should work with a qualified attorney and tax professional to make sure your settlement is structured to minimize any tax liability. If you have already received an award or settlement, then you should consult a good tax professional to advise you. And of course, tax is paid on your entire financial dealings, not just on this one item. So, depending on many other factors, like losses from other sources, charitable contributions, number of dependents and other deductions, you may not end up paying tax anyway.
Yes. If you include it with all other debts and all of your assets. You can't pick and choose.
go to www.nolo.com for answers and reading...I used it and it's the best.
It is nearly impossible to overturn a default judgment unless you can prove that you were not served properly.
The process of serving small claims varies from state-to-state. They are generally served in the same way as civil summonses. As a general rule, neither you, anyone related to you, nor any witnesses in the case may serve the small claim. Most people have the claim served by a licensed process server or send it certified mail, return receipt requested, restricted delivery to the defendant(s).
Your local small claims court can provide you with specific service information based on your state's laws.
Yes it is, you could be sentenced for 2 years.
only after eviction notice served
The Small Claims limit in Alabama is $3000. Most Small Claims cases are heard in District Court, but a few types are in Circuit Court. This information came from Court Reference's Alabama Courts Guide, the first related link below. The second related link is a handy guide to Small Claims procedure; it's from Shelby County but probably applies statewide. You can ask the court clerk for more specific information - and the court clerks' contact information is at the Court Reference link too.
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In all civil cases, the term "without prejudice" means that the Plaintiff may file a lawsuit based on the same cause of action a second time. Many states limit the Plaintiff to only one re-filing.
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