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Small Claims court is BS

jdcamb

Tool Time!
Feb 17, 2002
19,839
8,438
Nowhere Man!
About 4 months ago I was involved in a motor vehicle accident with a uninsured driver. She was cited by the Sheriff who arrived at the scene for being uninsured, having an expired registration, and additionally having an expired inspection. I was told to go to the couthouse on the date of her hearing and explain to the clerk about the damage to my car and was told the judge may defer her case to resolve the damage to my car. She was told to pay for the damage to my car before her case could be resolved and in the meantime she had to surrender her license. Her husband then asked the judge if they could get permission to settle the issue of my car outside the court. He said no.... Her truck was then repo'd shortly after the hearing. The clerk then gave me their street address and contact info, and she told me to come back for their next court date 3 weeks later.
In that session they were asked if they had resolved the damage to my car.. The husband lied and said yes. The DA asked me to approach the judge and I explained to him that they had not. They were scolded by the judge about perjury. At this point they were fined $800 and told by the judge that they were still responsible to have my car repaired. I was then instructed to file suit in small claims court for the cost of the repair to my car by the DA. So I did so. I was notified by mail of the hearing date and went on the specified date. They didn't show up. I win. So after all is said and done I have to hire the sheriff in their podunck county to get my $$ from them. On top of that since they have 14 creditor judgements against them before me. I get nothing until those creditors are paid. I also have to pay for the court costs for the proceeding that I won because they have no assets. All told I owe Ontario County NY $175 to maybe get my $590. No matter what happens I have to pay the $175... How is that effin justice?? New York State sucks.....
 

jasride

Turbo Monkey
Sep 23, 2006
1,069
5
PA
At least nobody was killed! jk
No, that sucks dude, pain in the azz for sure! Just dont pay the 175 i guess.
 

CBJ

year old fart
Mar 19, 2002
12,878
4,221
Copenhagen, Denmark
About 4 months ago I was involved in a motor vehicle accident with a uninsured driver. She was cited by the Sheriff who arrived at the scene for being uninsured, having an expired registration, and additionally having an expired inspection. I was told to go to the couthouse on the date of her hearing and explain to the clerk about the damage to my car and was told the judge may defer her case to resolve the damage to my car. She was told to pay for the damage to my car before her case could be resolved and in the meantime she had to surrender her license. Her husband then asked the judge if they could get permission to settle the issue of my car outside the court. He said no.... Her truck was then repo'd shortly after the hearing. The clerk then gave me their street address and contact info, and she told me to come back for their next court date 3 weeks later.
In that session they were asked if they had resolved the damage to my car.. The husband lied and said yes. The DA asked me to approach the judge and I explained to him that they had not. They were scolded by the judge about perjury. At this point they were fined $800 and told by the judge that they were still responsible to have my car repaired. I was then instructed to file suit in small claims court for the cost of the repair to my car by the DA. So I did so. I was notified by mail of the hearing date and went on the specified date. They didn't show up. I win. So after all is said and done I have to hire the sheriff in their podunck county to get my $$ from them. On top of that since they have 14 creditor judgements against them before me. I get nothing until those creditors are paid. I also have to pay for the court costs for the proceeding that I won because they have no assets. All told I owe Ontario County NY $175 to maybe get my $590. No matter what happens I have to pay the $175... How is that effin justice?? New York State sucks.....
Can't blame the sate that they have no money and for the sound of it will never have any. Funds is always one of the first things to look into when going to court i.e. will you ever get any money. Still sucks though. Go to their house and take any thing of value.
 

buildyourown

Turbo Monkey
Feb 9, 2004
4,832
0
South Seattle
Blood from a stone. If they don't have any assets, how are you supposed to get what's due to you?
Let's be honest, if they had any money, they probably would have had insurance.
 

mandown

Poopdeck Repost
Jun 1, 2004
20,265
7,789
Transylvania 90210
have Harry the Bastard do his "driving instructor from Johannesburg" stunt to infiltrate their flat, and then have him shake them down for it.
 

stosh

Darth Bailer
Jul 20, 2001
22,238
393
NY
99% of the cases I've heard about that went to small claims court are not worth the time and aggravation.
 

mandown

Poopdeck Repost
Jun 1, 2004
20,265
7,789
Transylvania 90210
have Harry the Bastard do his "driving instructor from Johannesburg" stunt to infiltrate their flat, and then have him shake them down for it.
 

Toshi

Harbinger of Doom
Oct 23, 2001
38,319
7,744
I'm technically owed $1200 or so from some heroin junkie in Seattle who broke into my car. I'm never going to see that money.
 

stevew

resident influencer
Sep 21, 2001
40,596
9,608
move their trailer one night to a different part of the park.....keep this up once or twice a week for a year or two.
 

jdcamb

Tool Time!
Feb 17, 2002
19,839
8,438
Nowhere Man!
Spend the $175.00 on hired rapists.
I am so angry I want to do things to them that I know will land me in jail. I am pretty well connected to the local underworld and I can't say I have ever met a hired rapist. I could have them obliterated for a bundle of heroin though. How does it make you feel to know your life is worth $125 of crack or $100 worth of heroin? Because it is here in Rotcore.... I ain't spending **** to get paid. I can make their lives a living hell when I have some extra time for free.

Trust me when I say this. They will wish they never smashed into my car.
 

bizutch

Delicate CUSTOM flower
Dec 11, 2001
15,928
24
Over your shoulder whispering
I am so angry I want to do things to them that I know will land me in jail. I am pretty well connected to the local underworld and I can't say I have ever met a hired rapist. I could have them obliterated for a bundle of heroin though. How does it make you feel to know your life is worth $125 of crack or $100 worth of heroin? Because it is here in Rotcore.... I ain't spending **** to get paid. I can make their lives a living hell when I have some extra time for free.

Trust me when I say this. They will wish they never smashed into my car.
I'm confused. In NY you have uninsured motorist coverage on your insurance policy. If you turn it in on that coverage, you are not charged any points and your rates stay the same. Why didn't you do that?
 

Prettym1k3

Turbo Monkey
Aug 21, 2006
2,864
0
In your pants
California is the same. Most of the time, in the legal field I work in, it's not even worth it to pursue people like that in small claims because Visa, Master Card, American Express, Wells Fargo, Bank of America, Chase Manhattan, and a few different home lenders all have judgments and/or liens against them.

There is no justice... Even if you're Lindsey Lohan. Because if there was justice, she'd be in jail and she walks free.
 

jdcamb

Tool Time!
Feb 17, 2002
19,839
8,438
Nowhere Man!
I'm confused. In NY you have uninsured motorist coverage on your insurance policy. If you turn it in on that coverage, you are not charged any points and your rates stay the same. Why didn't you do that?
Effin A dude I have it too. Apparently I was smart enough to get it... They said I am all set. I just need reciepts for the work I paid for on my car. They will cut me a check the next day.... I was not totally familiar with my coverage/policy. However they will not pay the court costs. They will pay me for 2 days lost wages though.... Thanks for pointing that out.