The Small Claims process is very different from state to state. This
article is writing about the process in my state Maine. I have many
years of experience as a civil proses expert in the state of Maine. I am
not an attorney and this is not legal advice it is only a summery of my
knowledge of this very vast area.
The Preemptive stage- When
it comes to small claims or any legal issue the best thing you can do
is preemptive. avoiding non-payment or loss is not always possible, but
you can prepare for issues before they arise. Always get things in
writing- A court is usually more likely to believe what you claim if you
have it in writing. any agreement you reach should be made in writing.
Keep in mind in all transaction that you make, you could end up needing
the help of the court. Prepare everything as if you where going to court
tomorrow.
The Collection Stage- While Court
serves a very important purpose, it should be avoided if possible. try
everything in you power to get a hold of the debtor to receive payment.
It is important to know what laws and regulations you need to follow in
regard to collection practices.
Court Initiation- In
the State of Maine, you start small claims by filling out a statement
of claim. The process is very different from state to state. Check with
your court clerk to find out more information. Provide as much
information as possible including dates, names, and specifics about your
claim. After completing the statement of claim, have it served by your
county's sheriff. Once served you will need to file your claim with the
court and pay any fees.
Court- So you made it,
or so you think. My experience in Maine court has been very positive.
The judge usually asks the two parties to speak. This is very important
because you may find resolution now that the debtor knows you are
serious about repayment. If you are unable to reach resolution at this
point you may need to have a hearing. At the hearing you will need to
present your case to the judge. You should stay respectful and calm at
all times, and remember the judge is only interested in facts. Also
remember to stay completely honest, You are under oath!
Post Judgment action-
ok so you made it this far, you had the hearing and still know payment.
In the state of Maine after a plaintiff receives judgment they become
judgment creditor. Same thing goes for the defendant, they become
judgment debtor. After the judgment is entered the debtor has a period
of time to pay the debt in full. usually 30 days. This is usually not
what happens however. It is at this point that you may start exploring
remedies to collect on the judgment. You may find that the debtor has
real property in their name, you may be able to have a lien placed on
it! you can find out if the debtor has land through the registry of
deeds. If you find the debtor has land or a home check with the court
clerk to find out what the process may be. If the debtor has a job or
income it may be an option to have a disclosure hearing.
Disclosure Hearing-
after the appeal and repayment period has expired you have the ability
to hold a disclosure hearing. A disclosure hearing is a hearing with the
sole purpose of ascertaining sources of repayment. Repayment can take
many forms as ordered by the judge. You may leave with a disclosure
order that causes repayment or you may not. When a debtor has an ample
source of income the judge may order them to pay installments
Contempt Hearing-
if the judgment debtor is ordered to pay after a disclosure hearing but
they do not pay, you can have them served for a contempt hearing!
****
You should remember this article is for information purposes only. I am
not an attorney and am not able to give legal advice. This is a quick
and incomplete summary of very limited information that I know from my
limited experience in small claims proceedings. If you are representing
yourself or planing to do so you should consult a licensed attorney in
your jurisdiction! Use if the information within this website is not
recommended and is at your own risk****
Loans- By State
Here is a list of direct lenders for bad credit loans you may qualify for your state. We try to keep this updated however licensing and regulatory changes may change the status of lending ability in your state.Please check with your regulating agency to insure the lender you select is in fact legally entitled to lend in your state.
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Working capital loans are intended for business enabling growth in this sometimes harsh business environment. Check with lender for availability in your state.
This list of direct lenders include; payday, personal loan, title loan, cash out car/ truck/ suv loans, installment loan, payday installment loan, peer to peer installment loans, working capital loans, and more. The list above includes states available for each direct lender. If you would like a list of other lenders not specifically licensed that may lend in states no listed click home page and select nation wide loans. You may also click your state below.
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