1.) Remember that you may lose a case by default simply because you are not present on the hearing date. If you are notified that you have a Default Judgment against you, or your case has been dismissed, you may still have a way out. Ask yourself these questions:
Was I notified of the hearing date of my trial?
Did I have a good reason or excuse for not appearing in court?
If you did not know about the hearing date nor had a good reason for not appearing, notify the Clerk right away. You will need to file a motion to vacate the Default Judgment or a motion to reinstate the case if it was dismissed. The fee is $10.00.
2.) If you lost your case in a Small Claims Court hearing, you may try to get a new trial or you may request that the judgment be "stayed" (not immediately executed) because you are going to appeal. A motion for review is filed with the Clerk within ten (10) business days from date of judgment.
You may file your motion for review in the Clerk's Office for forwarding to a Superior Court Judge. The fee is $10.00.
3.) You may appeal the Judge's decision to the D.C. Court of Appeals. If you decide to appeal, you have three business days from the date of the Judge's decision to file an application. The applications are in the Small Claims Clerk's Office. After you have completed the application forms, a clerk will direct you to the D.C. Court of Appeals Clerk's Office for filing of your appeals application. The fee is $5.00.
Appeals from the Small Claims Court are not automatic. The Court of Appeals will decide whether or not to consider your appeal.
Remember that the Small Claims Clerk is there to help you. If you have a problem or question about your case, call him/her. Always give him/her your case number, which is located on your Statement of Claim form.
IF I WIN, HOW DO I COLLECT MY MONEY?
1.) Ask the Magistrate Judge to order the entire amount you have won to be paid in a single payment. If the losing party cannot pay this amount, the Magistrate Judge may arrange a monthly or weekly payment schedule agreement.
2.) If you won the case by Default Judgment (because your opponent did not appear in court), ask the Courtroom Clerk for the file and take it to the Clerk's Office to order a Certified Copy of the judgment. The certified copy of the judgment will be mailed to you. If you receive payment of the judgment, mail the lower portion of the certified copy of judgment to the Clerk's Office. This will notify the Clerk that the judgment has been paid and the case closed. The fee for a certified copy of judgment is $5.00.
3.) If you do not receive your money within a reasonable time, call the Clerk's Office to seek information on how to collect.
It is not the duty or function of the Court to pay or collect what is owed to you. It is your responsibility to take all the legal actions necessary to collect on your judgment.
If you know that the losing party has a bank account in the District of Columbia or is employed in the District of Columbia, you may issue a Writ of Attachment on the losing party's bank account or to their place of employment. Attachment forms are available to you in the Clerk's Office. There is a Court fee of $10.00.
4.) If you do not know of any assets of the losing party, visit the Small Claims Clerk's Office. The Clerk will assist you in issuing a subpoena to the losing party to appear in court for an Oral Examination as to the whereabouts of his/her assets. The fee is $10.00.
2.) If you won the case by Default Judgment (because your opponent did not appear in court), ask the Courtroom Clerk for the file and take it to the Clerk's Office to order a Certified Copy of the judgment. The certified copy of the judgment will be mailed to you. If you receive payment of the judgment, mail the lower portion of the certified copy of judgment to the Clerk's Office. This will notify the Clerk that the judgment has been paid and the case closed. The fee for a certified copy of judgment is $5.00.
3.) If you do not receive your money within a reasonable time, call the Clerk's Office to seek information on how to collect.
It is not the duty or function of the Court to pay or collect what is owed to you. It is your responsibility to take all the legal actions necessary to collect on your judgment.
If you know that the losing party has a bank account in the District of Columbia or is employed in the District of Columbia, you may issue a Writ of Attachment on the losing party's bank account or to their place of employment. Attachment forms are available to you in the Clerk's Office. There is a Court fee of $10.00.
4.) If you do not know of any assets of the losing party, visit the Small Claims Clerk's Office. The Clerk will assist you in issuing a subpoena to the losing party to appear in court for an Oral Examination as to the whereabouts of his/her assets. The fee is $10.00.
WHAT HAPPENS AT THE HEARINGS?
1.) Arrive early and bring all court papers with you. If you are suing and arrive after 9 a.m. or do not appear at all, your case may be dismissed.
If you are being sued and arrive after 9 a.m., a judgment may be entered against you. In other words, you may lose without a hearing if you are late.
2.) The Courtroom Clerk calls all of the cases on the calendar to find out who is present. Please answer loudly when your case is called. After the Clerk finishes the calendar call, you are asked to form a line at his/her desk for any questions that you might have.
If you are suing and the other party is not there, you must still show proof of your claim before you can get a judgment in your favor.
If you are being sued, and the other party is not there, ask that the case against you be dismissed (so you will win the case).
3.) SETTLEMENT - You and the other party may want to settle the claim before court actually begins. This means that the two of you reach an agreement between you before the case is heard by the Magistrate Judge or Associate Judge. You may do this on or before your court date.
Trained mediators are available each day that the court is in session to help you reach a settlement. Before your case goes to trial, the Courtroom Clerk will assign a mediator to meet with you and the other party. Any agreement you reach with the mediator's assistance will become part of the court record. Anything you discuss with the mediator will, however, remain confidential. If you are unable to settle your case with the help of a mediator, you may go on to trial.
If you are suing and want to settle, look for your opponent and talk with him/her about an agreement. If you want to settle, be ready to consider accepting a smaller amount than you are suing for if the amount is reasonable. Settling a lawsuit frequently is the easiest ways to save times and trouble.
If an agreement is reached in your case, a form called a "praecipe" will be given to you for setting forth the terms of the agreement.
Give the praecipe (agreement) to the Clerk and ask the Clerk if there is anything further that the Court must do with regard to the settlement.
4.) THE HEARING - If you cannot or do not want to settle with the opposing party, you will have a hearing before the Magistrate Judge (who is the judicial officer presiding over Small Claims Court). Tell the Magistrate Judge that you could not settle, and wait for your case to be called again. At that time say, "Ready for trial."
If you are suing, you will have the first chance to present evidence and explain why you are suing. You have the responsibility of proving that the amount of money claimed is owed to you by the defendant.
If you are the one being sued; you will have a chance to question your opponent and his/her witnesses (cross-examination). The purpose of your questions should be to show that your opponent's case does not "hold water." Then you will have a chance to tell your side, have your witnesses testify, and present evidence. The plaintiff may then ask questions of you and your witnesses.
5.) After the Magistrate Judge has heard all of the testimony, he/she will inform the parties of his/her decision as to which party has won the case and the amount of the judgment, if an amount of money is awarded. There are times when the Magistrate Judge will not render a decision immediately after the trial; if so, you will be notified by mail.
If you are being sued and arrive after 9 a.m., a judgment may be entered against you. In other words, you may lose without a hearing if you are late.
2.) The Courtroom Clerk calls all of the cases on the calendar to find out who is present. Please answer loudly when your case is called. After the Clerk finishes the calendar call, you are asked to form a line at his/her desk for any questions that you might have.
If you are suing and the other party is not there, you must still show proof of your claim before you can get a judgment in your favor.
If you are being sued, and the other party is not there, ask that the case against you be dismissed (so you will win the case).
3.) SETTLEMENT - You and the other party may want to settle the claim before court actually begins. This means that the two of you reach an agreement between you before the case is heard by the Magistrate Judge or Associate Judge. You may do this on or before your court date.
Trained mediators are available each day that the court is in session to help you reach a settlement. Before your case goes to trial, the Courtroom Clerk will assign a mediator to meet with you and the other party. Any agreement you reach with the mediator's assistance will become part of the court record. Anything you discuss with the mediator will, however, remain confidential. If you are unable to settle your case with the help of a mediator, you may go on to trial.
If you are suing and want to settle, look for your opponent and talk with him/her about an agreement. If you want to settle, be ready to consider accepting a smaller amount than you are suing for if the amount is reasonable. Settling a lawsuit frequently is the easiest ways to save times and trouble.
If an agreement is reached in your case, a form called a "praecipe" will be given to you for setting forth the terms of the agreement.
Give the praecipe (agreement) to the Clerk and ask the Clerk if there is anything further that the Court must do with regard to the settlement.
4.) THE HEARING - If you cannot or do not want to settle with the opposing party, you will have a hearing before the Magistrate Judge (who is the judicial officer presiding over Small Claims Court). Tell the Magistrate Judge that you could not settle, and wait for your case to be called again. At that time say, "Ready for trial."
If you are suing, you will have the first chance to present evidence and explain why you are suing. You have the responsibility of proving that the amount of money claimed is owed to you by the defendant.
If you are the one being sued; you will have a chance to question your opponent and his/her witnesses (cross-examination). The purpose of your questions should be to show that your opponent's case does not "hold water." Then you will have a chance to tell your side, have your witnesses testify, and present evidence. The plaintiff may then ask questions of you and your witnesses.
5.) After the Magistrate Judge has heard all of the testimony, he/she will inform the parties of his/her decision as to which party has won the case and the amount of the judgment, if an amount of money is awarded. There are times when the Magistrate Judge will not render a decision immediately after the trial; if so, you will be notified by mail.
HOW DO I PREPARE FOR COURT?
1.) Ask for witnesses, people who saw what happened or have knowledge that might help your case, to arrive at Court on the hearing date.
If a witness will not agree to appear, tell the Clerk that you want to subpoena him/her. If the subpoenas are to be issued to witnesses, the defendant must be served first with a copy of the complaint.
You should call the Clerk's Office at least ten days prior to the hearing date to allow the subpoenas to be served upon the witnesses. Certified mail or special process server may make Service. There is a $40.00 fee, plus transportation costs, for each witness subpoenaed.
2.) Gather all the evidence that relates to your claim or your defense. This includes contracts, receipts, promissory notes, letters, canceled checks, or other written material. Bring this evidence to court with you.
3.) Go over the facts and organize them in your mind. You may want to write down the most important facts since you will need to give a clear statement of the facts in court.
4.) Call the Clerk's Office one business day prior to the hearing date to be sure your case is still scheduled. Be sure the other party received notice of the hearing. If the defendant was not served with a copy of the Statement of Claim informing him/her of the hearing date, the case will not be heard on the scheduled date.
WHAT IF SOMEONE SUES ME?
1. If you are being sued in Small Claims Court, you will receive a Statement of Claim against you notifying you 01 the hearing date.
2. Do not ignore the Statement of Claim. If it is impossible for you to appear on the date scheduled for trial, notify the Clerk of the Small Claims Court, either in person or by telephone and he/she will advise and assist you in requesting a new trial date.
3. You must call the Clerk if you cannot appear. Do not just fail to show up. If you do not call and do not show up, a judgment will most likely be entered against you. This means you will lose without a chance to tell your side of the story and without the chance to arrange for monthly payment of a judgment against you.
4. Do not assume that your case is hopeless. Even if you think you owe the money, you may have a legal defense. A lawyer or law student may be able to help you.
5. If you think you have your own claim against the party suing you, notify the Clerk that you want a Counterclaim Form and ask him/her how to prepare this. To file a counter-Claim costs $10.00
6. Call or visit the Court Clerk if you have any questions. The Clerk's job is to help you.
2. Do not ignore the Statement of Claim. If it is impossible for you to appear on the date scheduled for trial, notify the Clerk of the Small Claims Court, either in person or by telephone and he/she will advise and assist you in requesting a new trial date.
3. You must call the Clerk if you cannot appear. Do not just fail to show up. If you do not call and do not show up, a judgment will most likely be entered against you. This means you will lose without a chance to tell your side of the story and without the chance to arrange for monthly payment of a judgment against you.
4. Do not assume that your case is hopeless. Even if you think you owe the money, you may have a legal defense. A lawyer or law student may be able to help you.
5. If you think you have your own claim against the party suing you, notify the Clerk that you want a Counterclaim Form and ask him/her how to prepare this. To file a counter-Claim costs $10.00
6. Call or visit the Court Clerk if you have any questions. The Clerk's job is to help you.
FILING YOUR CLAIM
- The clerk will give you a Statement of Claim From. Be prepared to fill it out right then and there. Be prepared to provide the following information:
- Your names, address, and telephone number where you can be reached during the day.
- The correct name and address of the party you are suing. If it is a corporation, you will need its proper name and address and the registered agent's name and address.
- A simple but complete statement of hwy you are suing. This should include:
Dates and locations as they relate to your claim; and
The amount of money you are trying to recover.
Remember: the limit is $ 5,000, excluding interest, costs, and attorney's fees.
Always add "Plus costs and interest" to the amount you are suing for. If you win the case, may get this back.
2. Next, you will need to pay a filing fee of $5.00 (for claims of $500 or less) or $10.00 (for claims over $500 and up to $2,500) or $45.00 (for claims in excess of $2,500) plus $4.42 (or the prevailing certified mail fee) for service 0f the claim by mail. This is the cost 0f filing the suit. The Court will notify the party by certified mail that he/she is being sued. You may also use a special process server (someone you, not the Court, hire for a fee to serve your claim). However, a fee 0f $5.00 for an Application for Approval 0f a Special Process Server and a $1.00 fee for the clerk's notary are the costs paid to the clerk. The Clerk has the forms and instructions for this method of serving your claim.
Both the plaintiff and the defendant are required to send each other copies of everything processed prior to the hearing date.
If you cannot afford to pay the filing fee, tell the Clerk that you would like to have the prepayment of fees waived, and he/she will assist you.
3. The Clerk will assign you a case number and schedule a date for the hearing.
You may usually choose a hearing date convenient for you by filing your claim lour weeks before the day you want your hearing.
You will be asked to call the clerk's office one (1) business day prior to the hearing date to determine whether a copy 0f your Statement 0f Claim has been served on the defendant.
Failure to appear or diligently prosecute your claim could result in a dismissal of your suit under applicable Superior Court Rules.
HOW DO I SUE IN SMALL CLAIMS COURT?
Go to Superior Court, Small Claims Court Clerk's Office.
You will need :
- The complete and proper legal names and address of the part you wish to sue. This party is called the "Defendant." You will be the "Plaintiff."
If a business is being sued, you have to visit the Department of Consumer and Regulatory Affairs to find out if the business is incorporated or is using a "trade name" (not incorporated). If the business is not incorporated you must find out the name of the owner of the business, not the name of the business itself.
- If you suing someone as a result of an automobile accident and you do not know the owner of the automobile, the tag number is helpful for determining the identity of the owner. You may have to call the Department of Motor Vehicles, to obtain the owner's name. If it is not a District of Columbia car, you should contact that state's motor vehicle registration officer for more detailed information.
- It is important that you bring a copy of any written evidence that may help you prove your claim in court such as contracts, repair estimates, leaves, letters/written records, receipts, promissory notes, paid bills, or canceled checks.
Subscribe to:
Posts (Atom)
