What are small claims court and how they function can be defined as follows:
Small Claims Courts are limited Judicial Courts. Limited means that the power of the court is governed by state and local ordinances that apply exclusively to that jurisdiction. Judges, Magistrates, and Pro-tem that are training to be in Courts of higher authority staff them. Small Claims Courts are also courts that allow citizens to lodge complaints of limited financial liability to have their cases heard before impartial parties.
To file a claim an individual or party files a written affidavit with allegations against the Defendant. The Court Clerk then sets a day for the trial to begin and three copies are presented; one to the Plaintiff, one to the Defendant, and one to the presiding Judge or Magistrate. Before your case is heard, the parties named as Defendants, must be notified by legal service. The local Sheriff serving a notice of the trial date and alleged allegations on the Defendant generally accomplishes this task. The Defendant can respond by pleading their defense before the Judge or Magistrate on the court date set. Both parties then appear in court and show good cause as to why their evidence is correct and the other party’s allegations are false. After the presiding judge hears both parties, they will then make a decision. This is an, “Entry of Judgment.” If the Judge finds in favor of the Plaintiff the judgment has a monetary value set by the Courts. Enforcing the Judgment can sometimes be a problem.
The simplest way to collect and enforce a Judgment is by using the services of a Collection Agency. Collection Agencies are skilled in the complex nature and laws that pertain to the Judgments Liability. Collection Agencies also allow the Plaintiff to see a fair and honest enforcement of the Judgment outline that is to be delivered against the Defendant. Often, defendants get away without paying or settling the financial debt brought against them from Plaintiffs because of the Plaintiff generally is unaware of how to legally to make the Defendant satisfy the claim.
Mistakes can be made, and this can result in very serious problems for the individual who tries to enforce the Judgment without knowing the legal way of doing it. Years of experience and knowledge is placed at the disposal of the individual plaintiff who chooses to utilize a Collection Agency, instead of going it alone. The problem of being sued for trying to get your money owed by a debtor is no longer a factor. The Collection Agency handles all issues related to your claim. Settlement is often achieved after very little contact from the Collection Agency to the debtor. The reasons the debtor responds favorable can be attributed to the fact that when you use a Collection Agency the debtor knows you are serious about getting your money.
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