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Old 08-08-2007, 08:20 PM
RollTideTyler RollTideTyler is offline
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Join Date: May 2007
Location: Ttown
Posts: 78
Default Re: Small Claims Court (legal advice)

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RollTideTyler,

i am leaving the city (for good) in 3 days, and leaving the country until the end of the year in 3 weeks. impossible to go through with the process? should i file the claim in the hopes that they will pay up to avoid court? actually, after my phone calls with the owner, i think the chances of this happening is ~0%.

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the case would have to happen in the city where the "incident" occured. And if you are leaving the country in 3 weeks, then no, no chance it will all happen that fast.

Even if things work faster for you than they did for me in terms of getting a court date, this company can just ask for a continuance and they will get it no question. But i doubt if you went and filed the paperwork before the weekend, that this company would get their paperwork, respond to it, and a court date set within 3 weeks.

But again, thats just based on my experience, it could be way different for you. Maybe go to the district court and ask how long it would take?

And from my understanding, if this company responds to your claim and says they will show up to court to plea not guilty and argue the charges...and they infact dont show up at all...you will get awarded the money as long as your claim isnt rediciulous far fetched. That would be my geuss, but i never had that happen so i dont know for sure. The ladies at the office just explained to me if i dont show up, that the judge would award the other guy the money, but i could just file an appeal and start it all over. I too was about to leave the city when this all happened for me, i ended up just getting a continuance for about 3 months later.

good luck and let me know if you have any other questions...but i have a feeling there are some lawyer types around here who could help ya even more
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