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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name: Beth
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Can someone explain how small claims court works?
I need to sue my exbf for the money he owes me for back rent, car payments etc
I have a paper that he signed and tons of emails and texts I can print
it's $4430
he just told me to go f myself
after 7 months of this I am done chasing
I would like to file the suit monday
I live in suffolk- he lives in Nass does it matter where I file
what do I need to bring?
thanks!
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Posted 1/1/11 3:41 PM |
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Babymakin
LIF Adult
Member since 12/10 920 total posts
Name: Sarah
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Re: Can someone explain how small claims court works?
I sued someone a while ago.
Basically, you need to go to your court (i think) and file a small claims.
You will thn be given a court date. Good news is if he does not show up you win.
But you need to have all the paperwork with you when you go to court. Recipts for what he spent,owes. you need to print out all the text. BRING IN your cell phone bill that the text appears on. That way it can be shown you are NOT faking anything. If the texts span 8 months, then have all 8 bills.
The key is PROVING he owes you the money. If you can prove he owes tyou money and he has no defense, he will have to pay.
Also, if you lost wages make SURE to bring in pay stubs showing how much you make a week so the judge can see you lost X amount by not working. THATs a ong shot, but wiorth it IF any of that is for lost wages.
Its all about the proof.
Also, when you win, he wont pay. Thats when the fun of garnishing his wages from work comes :)
FM me with any questions.
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Posted 1/1/11 4:13 PM |
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LisaW
Time for me to FLY!
Member since 5/05 13199 total posts
Name: Did I ever tell you that I hate people?
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Re: Can someone explain how small claims court works?
Posted by Beth
he just told me to go f myself
thanks!
what the heck is wrong with people??!!
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Posted 1/1/11 4:34 PM |
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kimNanthony
LIF Infant
Member since 3/09 301 total posts
Name: Kim
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Re: Can someone explain how small claims court works?
When you say he owes you for rent what do you mean? Was he on the lease? Did you have an agreement in writing that he was going to pay a certain percentage of the rent?
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Posted 1/1/11 5:09 PM |
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MrsPJB2007
MBA at your service!
Member since 7/06 12020 total posts
Name: MJ
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Re: Can someone explain how small claims court works?
As far as I understand, you need to file a claim in the court district that he lives in -- so I would assume Nassau.
When a friend needed to sue a company, they were told it had to be done in the city of residence of the defendant -- and the company was all the way in south Jersey, so it was too much work for them to bother.
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Posted 1/1/11 5:32 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name: Beth
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Re: Can someone explain how small claims court works?
Posted by LisaW
Posted by Beth
he just told me to go f myself
thanks!
what the heck is wrong with people??!!
yes- some how I am the bad guy
luckily it was in text message so I can show the judge!
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Posted 1/1/11 8:11 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name: Beth
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Re: Can someone explain how small claims court works?
Posted by MrsPJB2007
As far as I understand, you need to file a claim in the court district that he lives in -- so I would assume Nassau.
When a friend needed to sue a company, they were told it had to be done in the city of residence of the defendant -- and the company was all the way in south Jersey, so it was too much work for them to bother.
ok- this is true
so I need to go to nass- rats- this might have to wait till tuesday now
it will give me more time to print my evidence
He signed an agreement to pay me- that's the main thing
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Posted 1/1/11 8:15 PM |
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chris605
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Member since 5/05 3205 total posts
Name:
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Re: Can someone explain how small claims court works?
FYI - I sued and won and NEVER COLLECTED A PENNY - Even had the Sheriffs office try and collect for me and NADA...
SORRY.....
GOOD LUCK
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Posted 1/1/11 11:01 PM |
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FirstMate
My lil cowboy
Member since 10/10 7790 total posts
Name:
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Re: Can someone explain how small claims court works?
Did you live in Nassau with him at the time when he was supposed to be paying you rent? If so, you should file in Nassau. If it was Suffolk, you can file there.
Small claims court is "the people's court". Typically, plaintiff's win there. Printing out your emails, texts and agreements with your ex will certainly help prove your case and more than likely have you win it.
As a PP stated, be forewarned that he may not pay up and even if you send the sheriff to procure payment, it may do nothing. He will, however, always have a judgment against him.
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Posted 1/1/11 11:08 PM |
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