By Judge Steve Walker
Last
week in “Ask the Judge” I informed the reader that it is not unusual for
defendants or plaintiffs, once their case is heard to ask the Judge, “What do I
do now?”
The
reader was also informed that as the Judge I am not allowed to answer that
question and many others because it would be considered “legal advice.” I
pointed out by doing so I would in essence be acting as your lawyer. It is
“conflict of interest” if I act as a judge and a lawyer simultaneously. Not
allowed to do it.
It
is standard practice for most judges to answer when asked legal advice, “Consult
an attorney.” Most questions can be at least partially answered by court clerks
or they can direct you to someone other than the judge for answers.
Aiding
defendants and plaintiffs in filing out necessary various forms and additional
paperwork is usually the task of the clerks who are available to do so. They
are located in the lobby hallway behind one of 12 glass booths to help anyone
who comes to the court for assistance and re-direction to the right person to solve
their problem, which again may be an attorney.
As
stated last week, I can only share some helpful “suggestions” with the reader
that I am not allowed to express when I am sitting on the bench in the
courtroom.
Last
week I addressed questions about traffic tickets. This week one of the common
questions I hear in Small Claims Court after I rule in favor of the plaintiff
who has just won a judgment is, “how long will it take to collect my money?
Actually
there is no way to know that answer even if I was allowed to answer the
question. While it us somewhat easier to win a judgment, it is especially
difficult to collect on a judgment. It could be immediately or it could be
years! Most times it is much later than sooner.
Remember
the defendant who loses the case in Small Claims has 10 days to appeal the
verdict. If he/she does not contest the verdict, after the 10th day
the plaintiff can demand payment of the judgment, but not until then.
If
the defendant decides to appeal to the County Court, the case heard in Justice
of the Peace Court is moot and the case is reset and retried as if it had never
been tried in the first place, in the higher court. The County Court could
uphold the Justice of the Peace Court decision or overturn it with a totally
different verdict.
Being
knowledgeable beforehand on any kind of case will also make the process go much
quicker for a better result.
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
and a former Journalist.
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