# Tell Me About Small Claims Court **URL:** \ **Category:** In My Humble Opinion\ **Created:** [June 23, 2013, 6:23pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716 "2013-06-23T18:23:53Z")\ **Posts on this page:** 20\ **Page:** 6
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [November 13, 2013, 11:54pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/102 "2013-11-13T23:54:03Z")
🙂 Yep. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [November 14, 2013, 4:28am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/103 "2013-11-14T04:28:18Z")
AND furthermore… Again, what I sort-of know is only for CA Small Claims courts, from a Nolo book I read circa 25 years ago. If the case is decided by a summary judgement for the Plaintiff because Defendant didn’t show, then that is final, with no appeal by Defendant allowed. If the case is decided for Defendant _for any reason_, that is final. Plaintiff has no right of appeal. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [November 14, 2013, 11:38am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/104 "2013-11-14T11:38:39Z")
According to my lawyer, in the state of Indiana, if a SCC defendant loses by summary judgement do to being a no-show she has 30 days to request the judgement be set aside, in which case we can have a do-over. However, a judge has to approve the defendant’s request. If you had a good reason - say, you were in the ER after a horrific accident and could not physically get to the court - that might happen. I’m guessing “I overslept 15 minutes” or whatever isn’t going to cut it. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 14, 2013, 2:37pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/105 "2013-11-14T14:37:05Z")
> [@Spoons](#): > > In other words, an appeal is not a do-over. The other side would have to do some legal research to show that the decision in your matter was legally wrong, and a precedent shows that. I don’t get the feeling that the other side is willing to do–or even capable of doing–such research. Sometimes it is. In Virginia, my state, the General District Court has original jurisdiction over civil claims of this nature. But an appeal to the county Circuit Court is heard _de novo_ – it’s a new trial. A losing party that appeals may be required to post an appeal bond equal to the judgement awarded in the General District Court, but the appeal is a trial and is indeed a do-over. (Not my area of law, but this is pretty basic Virginia Civ Pro). ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 14, 2013, 2:39pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/106 "2013-11-14T14:39:44Z")
> [@Senegoid](#): > > Again, what I sort-of know is only for CA Small Claims courts… > [@Broomstick](#): > > According to my lawyer, in the state of Indiana… > [@Bricker](#): > > In Virginia, my state, the General District Court … All of which highlights the value of knowing your own states’ Civ Pro rules – or, even better, retaining a lawyer licensed in your jurisdiction. It’s their job to know this stuff inside out. ---
**Author:** ![SmellMyWort](https://avatars.discourse-cdn.com/v4/letter/s/ea5d25/32.png) [@SmellMyWort](https://boards.straightdope.com/u/SmellMyWort)\ **Post date:** [November 14, 2013, 3:47pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/107 "2013-11-14T15:47:41Z")
> [@Broomstick](#): > > So far as I know, they returned to the shop but it was closed all Friday. I don’t know if it was open Saturday or Sunday, and Monday was a holiday so it might have been closed anyway. > > She has, if I recall, 30 days to file to overturn the verdict. I don’t think a judge will go for it, but she has the right to file. > > Geez, it’s been what, _three days?_ And those over a weekend. It’s not like I’d accept her personal check, give her some time to either get cash or a some sort of money order or cashier’s check. > > Also - if the shop is open it _might_ be making money. Shutting down the shop isn’t exactly in my best interest if there is still money coming in, the award money has to come from _somewhere…_ I meant that it sounds like they’ve been open since they originally shafted you. At that point (if I’m remembering right from that thread) it seemed likely that the shop was going to close down and that’s why you weren’t paid. Now it sounds like they’ve remained open all these months and probably could have settled up with you before court. ---
**Author:** ![Spoons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spoons/32/3141_2.png) [@Spoons](https://boards.straightdope.com/u/Spoons)\ **Post date:** [November 14, 2013, 7:42pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/108 "2013-11-14T19:42:48Z")
> [@Bricker](#): > > Sometimes it is. > > In Virginia, my state, the General District Court has original jurisdiction over civil claims of this nature. But an appeal to the county Circuit Court is heard _de novo_ – it’s a new trial. A losing party that appeals may be required to post an appeal bond equal to the judgement awarded in the General District Court, but the appeal is a trial and is indeed a do-over. (Not my area of law, but this is pretty basic Virginia Civ Pro). I learn something new every day. Thanks, **Bricker**! ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [November 15, 2013, 12:00am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/109 "2013-11-15T00:00:09Z")
> [@Bricker](#): > > All of which highlights the value of knowing your own states’ Civ Pro rules – or, even better, retaining a lawyer licensed in your jurisdiction. It’s their job to know this stuff inside out. Absolutely, which is why I initially approached a lawyer in the first place. One of my first objectives was just to get a run down on my state’s SCC rules, which was worth every penny. It also didn’t take that long, and thus did not cost that much. As it happened, I choose to employ him further and so far it’s been a mutually beneficial relationship although now that we’ve moved to the collections phase we’re both hoping we can get paid. Due to state rules here regarding summary dismissal we can’t even start collections until December 9, but meanwhile we’ve drawn up a game plan so as soon as December 9 arrives we’ll get right to it. > [@SmellMyWort](#): > > I meant that it sounds like they’ve been open since they originally shafted you. At that point (if I’m remembering right from that thread) it seemed likely that the shop was going to close down and that’s why you weren’t paid. Now it sounds like they’ve remained open all these months and probably could have settled up with you before court. I think they were able to make rent for a couple months because they didn’t pay their employees. They’ve been limping along in a pathetic manner all summer and fall. I’m not sure they realize that we really have been given the authority to _take_ company assets, we no longer have to wait for them to cough them up. Of course, we have procedures to follow, and we will adhere to the rules to the letter, but come December we won’t be asking politely anymore. ---
**Author:** ![Patch](https://avatars.discourse-cdn.com/v4/letter/p/a183cd/32.png) [@Patch](https://boards.straightdope.com/u/Patch)\ **Post date:** [December 13, 2013, 5:33am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/110 "2013-12-13T05:33:34Z")
So… How’s it going? 🙂 ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [December 13, 2013, 10:42am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/111 "2013-12-13T10:42:07Z")
The collections plan went into action as scheduled on December 9. No money out of it, yet, but the lawyer has cautioned me all along that these things take time. First step is to try to get money out of the company accounts. If that is not successful we move to garnish the owner’s wages from her other job. That will require some paperwork and more time since it involves crossing state lines. Meanwhile, yet another lawsuit has been filed against them, this time by a material supplier who is owned thousands on supplies delivered but not paid for. Their situation is even more dire, they can’t keep any employees due to their history of non-payment, and they’re definitely circling the drain. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [December 13, 2013, 10:47am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/112 "2013-12-13T10:47:54Z")
Sounds like you may have to settle for getting paid in Schadenfreude. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [December 13, 2013, 12:42pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/113 "2013-12-13T12:42:03Z")
Are there rules of precedence when multiple people are owed judgments but there isn’t enough money to pay all of them? Like, employees get paid first, then suppliers, and so on? Or is it first-come-first-served, shortest job first… er, smallest amount first, or what? ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [December 13, 2013, 12:59pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/114 "2013-12-13T12:59:26Z")
> [@Senegoid](#): > > Sounds like you may have to settle for getting paid in Schadenfreude. That has always been a risk. However, I _have_ recovered $500 of what I was owed which, after lawyer costs and filing fees, means I’m still $350 ahead of where I would be if I had done nothing at all. Small potatoes indeed, but schadenfreude and a few dollars. > [@Derleth](#): > > Are there rules of precedence when multiple people are owed judgments but there isn’t enough money to pay all of them? Like, employees get paid first, then suppliers, and so on? Or is it first-come-first-served, shortest job first… er, smallest amount first, or what? Probably. The rules are pretty convoluted, which is why I hired a lawyer. Certainly, being the first to get a legal judgement gives me some advantage though if there’s no money left there’s just no money left. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [January 26, 2014, 3:48pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/115 "2014-01-26T15:48:22Z")
Realized I hadn’t updated this for a bit. Well, after the potential appeal period ran out the lawyer and I started moving forward with our action plan. A couple weeks ago I started getting near-incoherent e-mails from the former employer ranting about what an evil, heartless person I am (um… the original text was a bit more, um, _colorful)__ **Didn’t I know how horrible it is to take away the money someone uses to support their family?** _ Hmm… why, yes, yes I DO know how horrible that is. \*\* _That’s why I sued you_.\*\* Although no, I did not actually reply to her. Not at all. I did forward the e-mails to my lawyer. It seems she went to pay some bills or purchase something and discovered the bank had frozen her accounts. Not _just_ her business account - ALL her accounts. Seems she did her personal banking at the same place as her business banking and apparently the garnishment order covered all accounts at the institution to which they were submitted. Either that, or my lawyer filled out all necessary forms. Surprise! _Yes I CAN take your money!_ There is a hearing scheduled because she’s claiming that no, we shouldn’t have all that money. Good luck with that, honey! She also said, multiple times, she was talking to a bankruptcy attorney. She was talking to a LOT of lawyers! Um, sure, talk all you want - none of them will help you _if you don’t pay the people you work for_. In her case I’m assuming no lawyer will touch this without payment in advance. I also know that you have to PAY to file bankruptcy. This will be difficult with all her accounts frozen… So, progress, and I sure as hell got her attention (again). Still waiting for results. Clearly, patience is required in any legal matter and this is no exception. ---
**Author:** ![DigitalC](https://avatars.discourse-cdn.com/v4/letter/d/ebca7d/32.png) [@DigitalC](https://boards.straightdope.com/u/DigitalC)\ **Post date:** [January 26, 2014, 5:19pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/116 "2014-01-26T17:19:22Z")
I love getting updates to old threads, i wish everyone was as studious about keeping us informed. Glad things have been going well, please let us know if you actually get any more money out of them! ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [January 26, 2014, 9:13pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/117 "2014-01-26T21:13:59Z")
Ooh the irony, it burns! Here’s hoping she finally realises it will be cheaper to pay you. Here’s also hoping she has learned her lesson. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [January 27, 2014, 1:27am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/118 "2014-01-27T01:27:09Z")
Oh, I doubt she has learned anything. She seems convinced she is the victim here. Also has repeatedly said she will not pay me. Mm… okay. Remember, the second half of the phrase “I fought the law” is “and the law won”. ---
**Author:** ![bathsheba](https://avatars.discourse-cdn.com/v4/letter/b/9e8a1a/32.png) [@bathsheba](https://boards.straightdope.com/u/bathsheba)\ **Post date:** [February 24, 2014, 9:46am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/119 "2014-02-24T09:46:42Z")
Any news? ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [February 24, 2014, 12:47pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/120 "2014-02-24T12:47:51Z")
The hearing scheduled for the 21st went forward. It turned out there was $1,300 in the bank, but due to some irregularity with the paperwork/the bank we could not access it. For that, there will be _another_ hearing on March 21, at which we hope to get $600-700 (apparently we’re not allowed to take all of it). In addition, the court ordered her to pay $100/month towards what she owes me. This will take some time to pay off, all the while accruing interest. If that’s how she pays me off in the end she’ll be shelling out over $4,000. I will most likely get the first check the first week of March. Assuming she actually pays, but if she doesn’t it’s really freakin’ stupid because then she’s subject to arrest and further legal penalties. It seems she truly is destitute or close to it, and there is at least one other legal judgement against her (found out during the financial disclosure). Cry me a river. She told my lawyer she’s really, really, truly talking to a bankruptcy attorney. Which might even be true. She can talk to them all she wants, but bankruptcy lawyers don’t work for free, either - until she _pays_ one she hasn’t filed. And since failure to pay people is how she wound up in this situation in the first place I’m not overly concerned. I’ll believe it when it becomes official. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [February 24, 2014, 9:27pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/121 "2014-02-24T21:27:18Z")
> [@Broomstick](#): > > Assuming she actually pays, but if she doesn’t it’s really freakin’ stupid because then she’s subject to arrest and further legal penalties. I don’t recall ever hearing that one can be arrested for failure to pay a civil judgement. The horror stories one always reads are more along the lines of the parties jolting along until the plaintiff either gets some or all of the judgment or gives up in exasperation. Can she really be arrested? And charged with what? (Contempt?) ETA: Also: About that court-ordered $100/month payment: Will this require defendant to “voluntarily” make a payment each month (good luck with that), or does this authorize/require the bank to make the payment out of her frozen accounts on her behalf? [Previous page](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716.md?page=5) [Next page](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716.md?page=7)