"Ask the Judge" Column continues in La Prensa of SA, 1-15
Ask the Judge: Commonly asked questions in Small Claims Court
By Judge Steve Walker
In last week’s column, you were told that every day when plaintiffs/defendants come into the Justice of the Peace Court for a hearing or trial or simple filing of court papers, there is the usual fear or uncertainty in regards to the outcome for or against either side.
You were reminded that since Justice of the Peace Court handles misdemeanor cases to include traffic tickets, truancy, evictions, and small claims/civil, various questions are asked by those visiting the court for varying reasons.
In that column traffic tickets were addressed. This week in Small Claims, a very common question by the plaintiff is: “when I win my judgment, how long does it take to receive my money from the defendant? Answer: There is no definitive answer. Depending who you sued, it may take years to collect! It is far easier to win a judgment against someone who owes you money, than collecting it. In some cases you never collect!
The follow up question is usually: “Is there any way to force them to pay what they owe?” Answer: Yes, but it is a long drawn process. The first step is to wait 10 days to see if the defendant files an appeal with the County Court.
Assuming they don’t appeal you must file for an abstract at the County Courthouse. By filing it and recording it with the County, the debt they incurred stays on the rolls for ten years. If they attempt to sell property, buy a car or sell one for example, the defendant will not be allowed to buy or sell their property until the debt is paid to you in full.
When someone owes you a large amount of money (maximum judgment in JP Court is $10-thousand dollars) it is really difficult but not impossible to collect.
When a plaintiff shows up to court and the defendant fails to appear, many plaintiffs ask: “what do I do now?” When a defendant does not show up for court, the judge declares a default and awards the plaintiff the amount he/she asked in their case.
Defendants, still have 10 days to appeal, however. If defendants don’t appeal, the plaintiffs can file for the abstract. On the other hand if the plaintiff does not show, the case is dismissed “without prejudice.” Without prejudice allows the plaintiff the opportunity to re-file at a later date if necessary, based on unforeseen circumstances that prohibited them arriving to court on time. Example: plaintiff was in involved in a car wreck on the way, or they were stuck in a traffic jam. In Pct. 2 that has happened on more than one occasion and as recently as six months ago. Both sides have still have 10 days to appeal.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
In last week’s column, you were told that every day when plaintiffs/defendants come into the Justice of the Peace Court for a hearing or trial or simple filing of court papers, there is the usual fear or uncertainty in regards to the outcome for or against either side.
You were reminded that since Justice of the Peace Court handles misdemeanor cases to include traffic tickets, truancy, evictions, and small claims/civil, various questions are asked by those visiting the court for varying reasons.
In that column traffic tickets were addressed. This week in Small Claims, a very common question by the plaintiff is: “when I win my judgment, how long does it take to receive my money from the defendant? Answer: There is no definitive answer. Depending who you sued, it may take years to collect! It is far easier to win a judgment against someone who owes you money, than collecting it. In some cases you never collect!
The follow up question is usually: “Is there any way to force them to pay what they owe?” Answer: Yes, but it is a long drawn process. The first step is to wait 10 days to see if the defendant files an appeal with the County Court.
Assuming they don’t appeal you must file for an abstract at the County Courthouse. By filing it and recording it with the County, the debt they incurred stays on the rolls for ten years. If they attempt to sell property, buy a car or sell one for example, the defendant will not be allowed to buy or sell their property until the debt is paid to you in full.
When someone owes you a large amount of money (maximum judgment in JP Court is $10-thousand dollars) it is really difficult but not impossible to collect.
When a plaintiff shows up to court and the defendant fails to appear, many plaintiffs ask: “what do I do now?” When a defendant does not show up for court, the judge declares a default and awards the plaintiff the amount he/she asked in their case.
Defendants, still have 10 days to appeal, however. If defendants don’t appeal, the plaintiffs can file for the abstract. On the other hand if the plaintiff does not show, the case is dismissed “without prejudice.” Without prejudice allows the plaintiff the opportunity to re-file at a later date if necessary, based on unforeseen circumstances that prohibited them arriving to court on time. Example: plaintiff was in involved in a car wreck on the way, or they were stuck in a traffic jam. In Pct. 2 that has happened on more than one occasion and as recently as six months ago. Both sides have still have 10 days to appeal.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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