Disclaimer: I am not a lawyer. I am
only publishing my interpretation of my situation. You should seek your
own legal representation for your own particular
situation. Do not rely on my
opinions or statements for your own purposes as state
and local law varies as do individual circumstances.
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Last week, I gave my lawyer a check for about fifteen
thousand dollars ($15,000) for the judgment against me from
Small Claims Court. Yes, fifteen thousand dollars
($15,000). That is a lot of money for a Small Claims Court
judgment, especially when I thought Small Claims Court was
topped out at five thousand dollars ($5,000) here in Escambia
County Florida. Regardless, there
is not much that I can do to fight the court systems. Besides, I
owed them the money. It was a lot more because of attorney fees
and court costs and such. For all of these fees, I urge you to
avoid any Small Claims Court involvement unless you think that
you can actually win the case. Otherwise, it is not worth it.
Take my case as an example.
I probably could have
gotten away with maybe five thousand ($5,000) less than the end
balance had I paid the condo fees as they came due. I had not
paid the condo fees, however, as I thought that these two condos
would go back to the banks in foreclosure a long time ago and
the banks would be liable for the condo fees. I have not paid
mortgage payments on these two condos since November 2007. It is
now September 2008, and the two condos are still in my name
including condo fees and condo special assessments and
utilities. Until these two condos sell or go back in
foreclosure, I will have to fork over more than one thousand dollars
(about $1,300) every month. That is a lot of dough for two properties
that I am unable to rent and have no hopes of keeping due to
falling real estate prices, escalating condo fees and property
taxes.
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There are certain recommendations
that I can offer to you if you find yourself being taken
to Small Claims Court. Briefly, if you think that there
is no way that you can win the claim, pay what is due
and do not even bother going to court. It will save you
a tremendous amount of time, heartache, grief and
regret. If you think that you can win the claim,
carefully reconsider this. Talk to your
friends and family about the situation; and be
completely honest with them. Do not "sugar coat" it in
your discussions. Listen to the responses from your
friends and family and give them extra consideration.
Consult with an attorney. Maybe even get an attorney to
go to Small Claims Court for you. Although this is not
required in most jurisdictions, it might be the one
thing you need to win the claim. |
Let me take this time to remind you that if you are
facing financial problems, take a little money and put it
towards a good lawyer (Of course, even a bad lawyer can be
better than no lawyer). Chances are that if you are already in
Small Claims Court (which happened to not be so small in my
case) you are going to need a lawyer anyway for other things. Go
ahead and sign one up while you have a little money left. Give
them a retainer if they need one. It just might be the best
investment that you will ever make.
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