H-M Supporter - Premium Content
- Nov 23, 2014
Small claims court in our area is around $25 for up to $1000 claims, $40 for up to $2500 and $65 for up to $3500. We've used it a number of times, pretty painless process. You file the paperwork at the courthouse and have him served the notice of the court date. You can use a private server (any adult other than you as the complainant) or the court server. We used the court server which cost about $25. You go to court and meet with a magistrate or judge and present your case. If the defendant doesn't show, slam dunk in your favor. Regardless, you get a decision and the judge asks them for their payment plan. If they don't pay at that point you have to file another court paper (think it's called a Writ) to have them reappear. You can also file paperwork for garnishment of wages and seizure of property. In our case the defendant had to give at the time of judgement his bank account numbers (yet another filed paper to seize funds), place of work (for garnishment of wages), and social security number (for seizure of tax returns). Yet another piece of filed paperwork to seize assets. Sorry that you're having to learn the process. That's how it worked in our area 7 or 8 years ago, may be different in yours.