Get And Sign Trial Court Form 1 Statement Of Small Claim And Notice Of Trial 2009-2021
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FAQs statement of claim and notice of trial
Has anyone successfully received compensation from a car wash that ripped a body part off of their car (or, similar) while using it properly? If so, please advise how.Question: “Has anyone successfully received compensation from a car wash that ripped a body part off of their car while using it properly?”Yes, and the experience was interesting. But I would not recommend other people doing it. Let me explain.I owned a new GMC Z71 SLT 4-WD Sport Truck. Kind of like this:The dealer called it a “cowboy Cadillac” and it was perfect.Took it to a full service car wash…one of those where you get out of your truck, they chain it to a conveyor, and you watch through glass windows while it is pulled through the car wash with its tires guided between metal rails.The truck directly in front of me in the line was jacked up and had extremely wide tires that extended way beyond the wheel wells. This thing was WIDE…much wider than the car wash was designed for. But the guy connecting vehicles to the conveyor hooked this truck up anyway.When this truck with oversize tires is three-quarters way through the carwash we hear this loud screech as the wide truck squeals to a stop with its tires stuck between the guide rails. My truck is at least a full vehicle length behind the stuck truck, the conveyor is moving slowly, but the operator does NOT turn the conveyor off. My truck, pulled by the conveyor, rams the stuck vehicle denting my front bumper.Open and shut case, right? Their fault. They put a dent in my truck. They buy me a new bumper, right? Not in the world of sleazy small business! The owner: 1) denies there is a dent; 2) denies they caused it; 3) denies any liability; 4) becomes belligerent; 5) demands that I get off of his property and prevents me from talking to any employee, customer, or witness to the accident, claiming that he has the right to do that on his property. (Cop won’t stop him from asserting that right.)I had called the cops. The cop says there is nothing she can do, but in an aside tells me that she gets calls to this car wash a lot and the owner has a reputation for not paying for damage. I decide to file a small claims action in court.This is where the fun begins and I learn: 1) small claims courts stack the deck in favor of local businessmen/political contributors; and 2) small businessmen are generally not too bright and rely heavily upon not paying their bills and intimidation; and 3) with persistence and effort you can win in small claims court. It’s just that it may not be worth the effort.I was more than prepared to present my case. I was familiar with court procedure. I had the police report. I had photographs of the damage. I had photographs of the other vehicle involved in the accident. I had photographs with measurements showing where an impact between those two vehicles would dent my truck. I had three written estimates from auto-body shops noting what it would cost to replace my bumper. And I had the receipt for the amount I had already paid to have it replaced.Small businessmen seldom pay for damage they cause. They have lots of tricks to avoid responsibility. First of all, on my first court date it was obvious that the business owner knew and appeared to be friends with the judge, the clerk, and the bailiff. I was an outsider. I presented my case and tried to present my evidence. The judge refused to let me testify as to any damages or to show how that damage happened or to accept my photographs or my estimates or receipts as I “was not qualified as an expert witness”. The business owner’s statements without any evidence were accepted. I asked for and got a continuance.At the next court date I showed up with the expert witness the court had demanded, a certified auto-body technician who had seen and worked on my truck. He might have done this for me as a favor, but I knew he had a family and I paid him $150 for his time. Both the businessman and the judge were surprised that I had the required expert witness. So the businessman, knowing he would not be able to refute the testimony of my witness, asks the judge for a continuance. A normal practice of corrupt businessmen is to ask for a continuance each time the plaintiff is ready to have his case tried and ask for an immediate trial if, for some reason, the plaintiff dioes not have his witnesses available or cannot appear. The judges let them do this.On the next trial date I again show up with my evidence and my expert witness. Again I paid the guy $150 for his time. On this date, or maybe the judge granted the businessman another continuance, we get a trial. My evidence is overwhelming and my expert witness is good and counters every one of the businessman’s specious claims. I win a judgement. Good, no? Not really.My costs so far not only involve my time for several court appearances and trips to the courthouse, and a lot of time to prepare the case, and filing fees, and fees charged by the sheriff to serve the businessman with his notice to appear in court, and photo expenses, and at least $300 in witness fees. But the judge throws all of these out. My judgment is only for the cost of the bumper.Now I have to collect. But a judgement is only a piece of signNow. In open court the businessman tells me he is not going to pay. The court will do nothing to persuade him to pay. As the judge told me, that’s my problem.I go down to the courthouse again and give more money to the clerk and fill out all of the forms to file a lien on the businessman’s property. Then I pay a fee to the sheriff to serve this demand upon the businessman who has refused to pay a court judgement.Well I finally did get a check from the deadbeat for the amount of the judgement reimbursing me for the cost of the new bumper, but only that. How that worked is that the sheriff showed up at the guy’s place of business and threatened to start taking office equipment away that equals the value of the judgement unless the businessman pays up. He wrote the check.After considering all of my costs I came out somewhat better than even. I learned that a lot of small businessmen are crooks, and I am even more cynical about judges and courts. Let’s say it was a learning experience.(Note to anyone contemplating his own small claims case: Small businessmen frequently use corporate devices to hide both their identity and their ownership interests. The court requires that you provide them with names and addresses that the businessman may be hiding. I had to engage in subterfuge to get the information required. Additionally, small businessmen can, and do, hide income and assets so as to make themselves, at least on signNow, judgement proof. They claim to have so little money and so few assets that it is not worthwhile to sue them. When doing pro-bono legal work —these were child support cases—my attorney wife frequently encountered small businessmen who took lavish vacations with their girlfriends, lived in expensive houses, and drove Mercedes S-Class or BMW 7-Series cars, but claimed to be earning $15K per year. Forensic accountants always found lots of hidden bank accounts.)
Is there a formula to tell if an out-of-court settlement offer should be accepted for a civil claim, instead of taking the claim to a trial?There is no formula. Some plaintiff attorneys will claim there is a formula, but there is none.Proceeding to trial is very risky.It would cost a lot of money for depositions, experts, and other expenses. You pay those costs.It could take years to get to trial in some jurisdictions.You could lose. Plaintiffs win less than 50% of civil trials.If your attorney is not able to get an offer that is acceptable to you, suggest mediation. This may be accomplished either through the court or privately. Sometimes the insurance company will pay the fees for both sides—it doesn’t hurt to ask.You, your attorney, the defense attorney, and a representative of the insurance company will meet a neutral place, usually the mediator’s office. The mediator will talk to both parties and then separate them into different conference rooms. He will tell each side what its strengths and weaknesses are. The mediator will go back and forth between the rooms soliciting demands and offers. This will continue until an agreement is signNowed and releases are signed. It can take a couple of hours or it may take all day. This is the best way to resolve a civil suit. It’s faster and cheaper in the long run.
What is the meaning of 'framing notice', 'putting on trial' and 'claiming trial'? What may happen to Kejriwal in his criminal defamation case?Framing Of Notice/charge-sec251 crpc the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty orhas any defence to make, but it shall not be necessary to frame a formal charge.Putting on trial - “The act or process of testing, trying, or putting to the proof”Claiming Trial - you claim trial, this means that you dispute the charge and would like a court hearing to defend yourself. You will be asked if you wish to engage a lawyer if you are in person.
Will I be able to get a copy of my witness statement if I’m not going to a court trial and the defendant has already pleaded guilty?Yes. You need to file a GRAMA form, which is a Government Records access request. You can do this with the court reporters office or police station. It may take a few day to get this depending on wether they have all the signNow work in after closing the case.The fee for this is usually just the cost for printing. The times I’ve done it it was only $0.05 a page. You can request this for ANY official action. If you get a complaint from the city you can request that too.
How does a court trial look like, and what are the procedures going in there? Is it possible to see a video of a trial on the Internet?I give you the trial of the 20th century, the People vs. OJ Simpson, in all its videotaped glory: OJ Simpson Trial In Chronological Order - YouTubeYes, all 493 exciting episodes are there, including the one where OJ tries on the glove, giving America its favorite catch phrase: if it doesn’t fit, you must acquit. Happy binge-watching!
I’ve been staying out of India for 2 years. I have an NRI/NRO account in India and my form showed TDS deduction of Rs. 1 lakh. Which form should I fill out to claim that?The nature of your income on which TDS has been deducted will decide the type of ITR to be furnished by you for claiming refund of excess TDS. ITR for FY 2017–18 only can be filed now with a penalty of Rs. 5000/- till 31.12.2018 and Rs. 10,000/- from 01.01.2019 to 31.03.2019. So if your TDS relates to any previous year, then just forget the refund.
When does the legal subculture control the outcome of cases in trial courts, and how do judges know what to do to follow legal subculture?I'm not 100% sure what you're asking. But that's never stopped me from offering an opinion in the past....I have had numerous cases where the unstated defence was "he's one of us, while the victim is one of them". I am surprised at how often such a defence is successful.These examples weren't trials, they were guilty pleas, but they illustrate the point nicely. Here in one of the suburbs of Vancouver, B.C., I had two files -- as in, I called Jane Doe's file, dealt with it, and then called JaNette Du'oe's file immediately afterwards. Both women were charged with driving while prohibited, contrary to a prohibition that resulted from a DUI conviction. Both women had three prior DUI's but no prior driving while prohibited charges. Both were employed, were wives, and mothers of children. The circumstances of each case were as identical as you could get. They were driving on the Trans Canada Highway, an officer ran their license plate at random, saw they were prohibited, and pulled them over.In both cases I asked the judge to "consider a short period of custody, or a large fine, as well as a further driving prohibition".Ms. Doe was a middle-aged white woman. She received a fine and a further driving prohibition. Ms. Du'oe was, as you might guess, an African-American woman. (She also happened to be the sister of an NFL football player who grew up in our city.) She received a seven day jail sentence and a further driving prohibition.I can't tell you how shocked I was, and how shocked the other lawyers in the court were. This sort of thing doesn't happen up here.