Court System WTF - Page 2

askmrjesus · 05-04-2009, 05:31 PM

Quote:

Originally Posted by Ducati Diva

Idk know but I work during the week. Means time off work, and a 5 hour trip back down there. More cost involved cause this guy is a prick. Do you have to have a lawyer for civil cases? Never had any experience in this area.

You don't need a lawyer for a small claims case, but even if you win, the Judge will still be likely to give the jackass payment options, so you're back to square one.

JC

Papa_Complex · 05-04-2009, 05:31 PM

Quote:

Originally Posted by Ducati Diva

Idk know but I work during the week. Means time off work, and a 5 hour trip back down there. More cost involved cause this guy is a prick. Do you have to have a lawyer for civil cases? Never had any experience in this area.

For a full-blown civil suit, you'd be a fool to try it yourself. For a small claims court you don't need a lawyer and having a criminal conviction against him, with specifics as to damage incurred, should make it a walk in the park to win it. Unfortunately that doesn't guarantee payment; blood out of a stone, and all of that.

bmblebee · 05-05-2009, 09:50 AM

A civil suit can win you a judgement, which as been mentioned before, doesn't put any money in your wallet. However, win a judgement and you have access to all this person's financials. If they own any property, you can force a sale to get your money. If the judge allows a payment plan, any raise or bonus the fellow gets, you can attach for more money. the civil suit and judgement is a good way to go because even if you never get your money, you can legally harass this as$hat for your own amusement until you get your money

Evadd · 05-05-2009, 04:49 PM

i have a more satisfying idea - go do $4000 in damage to his car (or house, if his car is already a POS), and tell him you'll be sending him $10/month.

fasternyou929 · 05-05-2009, 05:25 PM

Ugh, our lovely justice system, have I got a story about that!...

Anyway, just be happy you're actually getting paid back. You should be able to recoup interest from it also (not 20% or anything astronomic, but something).

Don't waste your time with a civil suit, all your get is a judgment that may as well be written on two-ply. If the guy doesn't have much money, they can't make him pay you up front.

Mikey · 05-05-2009, 06:27 PM

Quote:

Originally Posted by Evadd

i have a more satisfying idea - go do $4000 in damage to his car (or house, if his car is already a POS), and tell him you'll be sending him $10/month.

That's pretty much the way I'd go. You probably have access to his address, right? I'd make sure he never drives again. I'm a vindictive motherfucker like that.

05-05-2009, 09:50 AM	#13
bmblebee Community Curmudgeon Join Date: Nov 2008 Location: Tallahassee Moto: '04 F4i Posts: 373	A civil suit can win you a judgement, which as been mentioned before, doesn't put any money in your wallet. However, win a judgement and you have access to all this person's financials. If they own any property, you can force a sale to get your money. If the judge allows a payment plan, any raise or bonus the fellow gets, you can attach for more money. the civil suit and judgement is a good way to go because even if you never get your money, you can legally harass this as$hat for your own amusement until you get your money __________________ Alcohol, Tobacco and Firearms should be a convenience store and not a government agency If You Don't Know What Your Rights are...You Won't Have Any

05-05-2009, 04:49 PM	#14
Evadd formerly known as tdah Join Date: Nov 2008 Location: SF Bay Area, CA Moto: 06 R1, 01 600R Posts: 110	i have a more satisfying idea - go do $4000 in damage to his car (or house, if his car is already a POS), and tell him you'll be sending him $10/month.

05-05-2009, 05:25 PM	#15
fasternyou929 SFL Expatriate #2 Join Date: Nov 2008 Location: Raleigh, NC Moto: CBR1000 Posts: 2,043	Ugh, our lovely justice system, have I got a story about that!... Anyway, just be happy you're actually getting paid back. You should be able to recoup interest from it also (not 20% or anything astronomic, but something). Don't waste your time with a civil suit, all your get is a judgment that may as well be written on two-ply. If the guy doesn't have much money, they can't make him pay you up front.