Quick Court Help.

ArrestMeRedZ28 · 01-27-2008, 06:13 PM

Small Claims Court:
I (plaintiff) won. Judgment was entered against the defendant for "$246.xx + COSTS"

He still doesn't want to pay. Claiming he simply can not afford it at this time and he has more important monetary priorities (medical bills / car payments)

I plan on going to collections in the court house I sued him in and speaking with collections. This court house has jurisdiction where the defendant works, banks, and lives. I don't have a preference how they get the money (paycheck withholding, lien on his vehicle(s), etc.) but I was curious how they defined "COSTS." I would like to get $46 for filing (which I have a receipt for) as well as an extra $20-30 for my legal expenses (printing evidence, gas, parking in downtown kansas city) Will this be easily achieved? Is their a certain time before I can go to collections after a judgment has been made? The judgment was made on Dec 19th 2007.

motivez · 01-27-2008, 06:18 PM

If he's indicated (through email, etc) that he doesn't plan on paying, take it down there at your earliest convenience..

And yes, I'd say those costs should be included as well. Make sure you have documented evidence of how much you've spent.. gas receipts, make a note of how many miles you drove on given days if you went to see him.. etc.

Make sure you include costs for the day you go down there as well

ArrestMeRedZ28 · 01-27-2008, 07:01 PM

Originally Posted by motivez

If he's indicated (through email, etc) that he doesn't plan on paying, take it down there at your earliest convenience..

And yes, I'd say those costs should be included as well. Make sure you have documented evidence of how much you've spent.. gas receipts, make a note of how many miles you drove on given days if you went to see him.. etc.

Make sure you include costs for the day you go down there as well

How would I go about figuring this? I do not have receipts (maaybe one parking stub ill check on this) so I can only estimate it (and my gas mileage)

6SpeedTA95 · 01-27-2008, 07:07 PM

Motz is right, keep accurate mileage, start and finish to and from the courthouse. Current IRS reimbursment is around 50 cents per mile. Keep those records shwo them to the court, show the court emails/PM'syou may have with the guy. He'll have to pay he's just making excuses. He could have paid you immediately after you bought the car but he didn't...he's an asshole thats obvious, but youv'e gotta keep good records to make your case to the court.

7960 · 01-27-2008, 08:12 PM

Don't be surprised if the court ignores costs for filing/copying/gas/etc. The law may say it's supposed to be included but don't be surprised if the judge doesn't grant it.

No, there's no good reason for this. I've done this twice and got fees once but not the other time.

ArrestMeRedZ28 · 01-27-2008, 10:13 PM

Here is what I compiled:

Estimate for windshield (presented in court): $248.83
Court Filing Fee: $46.00
Gas (3 roundtrips to Jackson County Court House from Lenexa): $46.27
15.9 mi x 6 (3 round trips) = 95.4 mi
IRS reimbursement rate: $0.485/mi
Total fuel costs: $46.269

Parking:

Total Amount I am seeking: $341.10 (before parking)

I am going to call Standard Parking (where I parked my truck both times, and will park when I go for collections) to find out an their rates and I will make sure to get a hard copy evidence of this. I have printed a copy of the IRS mileage rates as well as google maps distance calculations.

kinggovernor · 01-28-2008, 12:08 AM

I don't think they give out gas reimbursement usually

ArrestMeRedZ28 · 01-28-2008, 12:35 AM

Originally Posted by kinggovernor

I don't think they give out gas reimbursement usually

worth a shot, ill be in contact with the courts tomorrow.

Another question, can I have my dad file for the collections/appoint him to help represent me in the case? I'm in Manhattan, KS for school which is about a 2 hr drive from downtown Kansas City where the court house is.

JaJae · 01-28-2008, 12:49 AM

You've already won your case so it probably can't hurt too much to ask. It really depends on the judge and the municipality. Just be professional and nice about it. If you're told no, you're told no.

ArrestMeRedZ28 · 01-28-2008, 12:54 AM

Originally Posted by JaJae

You've already won your case so it probably can't hurt too much to ask. It really depends on the judge and the municipality. Just be professional and nice about it. If you're told no, you're told no.

Exactly. I figure while I'm there I'll get as much of money back as I can. I figure I should be reimbursed for my gas because had he followed thru to his terms of sale we agreed on I wouldn't have used that gas.