OCR Text |
Show Small Claims Court explained If someone owes you some money, and you have $3, recourse is available through suits in the Small Claims Court and, according to Judge Haldow Christiansen, well over 100 persons choose this method every year. Judge Christensen said 144 Small Claims suits have been filed during the past twelve months in the Cedar City Justice Court, the majority of which were business filing claims against debtors. Small Claims Courts, Christensen explained, have been created to make it possible to collect small amounts of money, up to $200 in Utah, in an informal speedy and inexpensive HALDOW CHRISTENSEN !of $1.20 for service upon the defendant. Any one can serve I The officer must be provided with a correct address of the defendant in order to asusre prompt service. Anyone who is not a litigant to the case, Judge Christensen said, not just a deputy, can actually serve this first notice. If the defendant fails to appear on the set date, judgement by default will be entered by the court against the defendant. If the defendant admits to the claim made against him, a similar judgement is rendered. The majority of cases filed, however, are settled between the two parties before coming to the court, Judge Christensen said. The judge enters a judgement and appropriate orders of payment as he deems just and equitable . Judge Christensen said this can include installment payment and other plans if the need is warranted. When the parties appear in small claims court they may offer into evidence papers, books, or the testimony of witnesses wit-nesses in his own behalf. The plaintiff cannot appeal the judgement. However, the defendant may appeal any judgment within five days of its entry. Appeal is made to the District Court. Not a collector A judgement in your favor does not mean that the court will collect your claim for you. Judge Christensen said. The court is not a collection agency. The law provides that a claimant who gets a judgement can take action to collect or enforce the judgement any time within eight years. The law does provide certain ways that you can proceed to collect your judgement, writs of garnishment, gar-nishment, attachment or execution, but you must tike the necessary steps to initiate such proceedings. Judge Christensen explained. Small Claims Court generally satisfies its purpose of Ix'ing speedy and efficient as February's court statistics show: 27 claims filed in small claims and in January, 13 filed. proceedings, he said. Both City Courts and Justice Courts can act as a small claims court, although only the Justice Court in Cedar City is used as such. The court can only handle claims when the defendant lives within the county. No agencies Action in small claims court cannot be brought by an "assignee of a claim," such as a collection agency, w hen they are not the original party. The procedures used in the small claims court is simple enough the parties do not ordinarily need the help of an attorney, although they can be employed. Judge Christensen said he has seen an attorney used only rarely. After determining the jurisdiction, an action may be started in small claims court by completing three copies of a small claims affidavit, swearing to the affidavit hefore the judge, then paying a filing fee of S3. A hearing date is then set bv the judge. In the affidavit, it is stated what the amount due from the defendant is. why you have a claim against him and where the defendant resides. A copy is then given to peace officers for service ser-vice upon the defendant The officer who serves the affidavit and order receives a fee |