What good is it to have small claims court??

[ticked-in-OK]

Oklahoma

Need help please... What good is it to have small claims court, go thru process 4th attempt for asset hearing, FTA warrants issued that are worthless? Small claims court , 4 attempts for asset hearing, first 2 contempt by failure to provide ordered documents, 2nd two times FTA for both defendants. Filed for warrants at my expense. Adjoining county says yes if they send us copies we will pick them up and hold. Issuing county says we dont extradite for small claims FTA. NO mention of this at the time filed so now they are worthless and Im out even more money. What is my next step in order to ever recover the monies owed to me, knowng its a complete shot in the dark they ever travel to the issuing county and get caught. Please help! Any advice would be greatly appreciated!!

 

[racer72]

You are very likely to find out why about half of all small claims judgment result in recovery of nothing or a portion of what is owed. Your judgment just gave you the legal authority to collect the debt, it looks like you may have to explore other options available to you, including talking to an attorney. That is something you should have done previously.

 

[ticked-in-OK]

Thanks for your response Racer 72....Actually I do have an Attorney that has been helping me here and there in around about way so he doesn't have to charge me, I just found this news out yesterday afternoon when all was sitting on go and the issuing county gave the bad news. I haven't contacted anyone else yet for help. I wonder if it's possible (even though I know its a few more bucks) to re-file in the county they are living in now since they moved? You see, this all started because they INSISTED over and over, being evicted thru court even though they abandoned the house but left all belongings behind, that is until they showed up in the beginning and was ordered out and then the rest started from there. I filed in the county it all originated in even though they split to live in a different county. I guess more than anything this is a personal situation for me because I was the nice guy and bent over backwards to help these people. Now I just wish to see it all the way through and give them exactly what they asked for in the beginning, to go through court and somehow have the system on my side and work for me. Maybe I am disillusioned, but some how I can't believe I have come all this way and faught this long and hard to have nothing good become of it?!

 

[ticked-in-OK]

Lastly, if the courts are going to charge you for someone else's FTA, then maybe they ought to give the option of paying for the extradition to the next county over to make sure it sticks.

 

[racer72]

Lastly, if the courts are going to charge you for someone else's FTA, then maybe they ought to give the option of paying for the extradition to the next county over to make sure it sticks.

Answer me this, why should the taxpayers of your state shoulder your efforts to collect your judgment? Your FTA's are civil, not criminal warrants and are being treated as such.

 

[ticked-in-OK]

I'm not asking anyone to shoulder anything really. I think I said I would like to have the opportunity to pay for the transport. Answer me this, why does a Judge waste time and money by giving the defendants every opportunity by passing the case until the defendants see it fit to show up or not? What's the point of contempt? What's the point of failure to appear? Whose waisting who's money now? Furthermore, like I said, if you can't depend on the laws and judicial system to uphold and work for you in a wrong doing situation, then what's the point of small claims? The 1st asset hearing was the 1st of March and they showed up with nothing that was ordered so it was passed for 3 mths. 2nd time showed up with nothing, sub judge passes it again for what was going to be end of month but let them talk her into an additional 2 wks. 3rd attemp, 1 calls in and asks for pass for another 2 wks but other fails to show. 1st FTA issued. 4th attemp 2nd person doesn't show, 2nd FTA issued. Neither time for the last 2x was there ever mention of NOT extraditing outside of county. I am a taxpayer also so how about stop waisting my time and money as well as the rest of the taxpayers money if you aren't willing to assist and accomplish? The other thing is they didn't have to give any information before leaving...address? valid phone#? I mean nothing! So back to my original question that I thought I politely asked, what would be my next step to collect? you answered...thank you!

 

[justalayman]

extradite to another county? What an odd concept. Can't say I have ever heard of such a claim. In my state, it's called; throw the guy in the car and drop him off at the other county jail.



here are the exemptions of claims for a judgment:

§31-1. Property exempt from attachment, execution or other forced sale - Bankruptcy proceedings.
A. Except as otherwise provided in this title and notwithstanding subsection B of this section, the following property shall be reserved to every person residing in the state, exempt from attachment or execution and every other species of forced sale for the payment of debts, except as herein provided:
1. The home of such person, provided that such home is the principal residence of such person;
2. A manufactured home, provided that such manufactured home is the principal residence of such person;
3. All household and kitchen furniture held primarily for the personal, family, educational or household use of such person or a dependent of such person, including a personal computer and related equipment;
4. Any lot or lots in a cemetery held for the purpose of sepulcher;
5. Implements of husbandry necessary to farm the homestead and tools, apparatus and books used in any trade or profession of such person or a dependent of such person, not to exceed Ten Thousand Dollars ($10,000.00) in aggregate value;
6. All books, portraits and pictures that are held primarily for the personal, family or household use of such person or a dependent of such person;
7. The person's interest, not to exceed Four Thousand Dollars ($4,000.00) in aggregate value, in wearing apparel that is held primarily for the personal, family or household use of such person or a dependent of such person;
8. The person's interest, not to exceed Three Thousand Dollars ($3,000.00) in aggregate value, in wedding and anniversary rings;
9. All professionally prescribed health aids for such person or a dependent of such person;
10. Five milk cows and their calves under six (6) months old, that are held primarily for the personal, family or household use of such person or a dependent of such person;
11. One hundred chickens, that are held primarily for the personal, family or household use of such person or a dependent of such person;
12. Two horses and two bridles and two saddles, that are held primarily for the personal, family or household use of such person or a dependent of such person;
13. Such person's interest, not to exceed Seven Thousand Five Hundred Dollars ($7,500.00) in value, in one motor vehicle;
14. Guns, not to exceed Two Thousand Dollars ($2,000.00) in aggregate value, that are held primarily for the personal, family or household use of such person or a dependent of such person, provided that nothing in this subsection shall be construed to allow a person to exempt guns which are used mainly as an investment or nonpersonal, family or household use;
15. Ten hogs, that are held primarily for the personal, family or household use of such person or a dependent of such person;
16. Twenty head of sheep, that are held primarily for the personal, family or household use of such person or a dependent of such person;
17. All provisions and forage on hand, or growing for home consumption, and for the use of exempt stock for one (1) year;
18. Seventy-five percent (75%) of all current wages or earnings for personal or professional services earned during the last ninety (90) days, except as provided in Title 12 of the Oklahoma Statutes in garnishment proceedings for collection of child support;
19. Such person's right to receive alimony, support, separate maintenance or child support payments to the extent reasonably necessary for the support of such person and any dependent of such person;
20. Subject to the Uniform Fraudulent Transfer Act, Section 112 et seq. of Title 24 of the Oklahoma Statutes, any interest in a retirement plan or arrangement qualified for tax exemption or deferment purposes under present or future Acts of Congress; provided, any transfer or rollover contribution between retirement plans or arrangements which avoids current federal income taxation shall not be deemed a transfer which is fraudulent as to a creditor under the Uniform Fraudulent Transfer Act. "Retirement plan or arrangement qualified for tax exemption purposes" shall include without limitation, trusts, custodial accounts, insurance, annuity contracts and other properties and rights constituting a part thereof. By way of example and not by limitation, retirement plans or arrangements qualified for tax exemption or deferment purposes permitted under present Acts of Congress include defined contribution plans and defined benefit plans as defined under the Internal Revenue Code ("IRC"), individual retirement accounts, individual retirement annuities, simplified employee pension plans, Keogh plans, IRC Section 403(a) annuity plans, IRC Section 403(b) annuities, Roth individual retirement accounts created pursuant to IRC Section 408A, educational individual retirement accounts created pursuant to IRC Section 530 and eligible state deferred compensation plans governed under IRC Section 457. This provision shall be in addition to and not a limitation of any other provision of the Oklahoma Statutes which grants an exemption from attachment or execution and every other species of forced sale for the payment of debts. This provision shall be effective for retirement plans and arrangements in existence on, or created after April 16, 1987;
21. Such person's interest in a claim for personal bodily injury, death or workers' compensation claim, for a net amount not in excess of Fifty Thousand Dollars ($50,000.00), but not including any claim for exemplary or punitive damages;
22. Funds in an individual development account established pursuant to the provisions of Section 251 et seq. of Title 56 of the Oklahoma Statutes;
23. Any amount received pursuant to the federal earned income tax credit; and
24. Any interest in an Oklahoma College Savings Plan account established pursuant to the provisions of Section 3970.1 et seq. of Title 70 of the Oklahoma Statutes.
B. No natural person residing in this state may exempt from the property of the estate in any bankruptcy proceeding the property specified in subsection (d) of Section 522 of the Bankruptcy Reform Act of 1978, Public Law 95-598, 11 U.S.C.A. 101 et seq., except as may otherwise be expressly permitted under this title or other statutes of this state.

file the appropriate actions to attach anything not in that list that you can find. Asset location is often possible without a specific disclosure by the party.

The other thing is they didn't have to give any information before leaving...address? valid phone#? I mean nothing!

did you ask the court to order the disclosure of such information prior to the other party leaving?

 

[ticked-in-OK]

Thanks for your post justalayman! I actually have seen this list and it just keeps reminding me that there really is nothing left. To put it nicely, the guy is a real loser and these people are pro con artists. He is 44 lives with his mother again and last I knew the girlfriend (other half of the party) and her 3 kids were in a safe home last month. That reason being why it was passed by the phone call on her behalf only. To answer your question, no more was said about their address or such, it was all on the order for the asset hearing. I'm just really angered that the judges (2 of them) didn't hold them in contemp when they had the chance. Twice the opportunity presented itself and they let them walk. The only thing I know at this time is where he is living as far as the town and PO BOX#, but that is all. The deputies in that town know where to find him as they have served him paperwork as well as arrested him from the home. The last I understood is that he had gotten another job but I havent any idea where? The one thing I do know is that as badly as I want my money back and justice to be served, I can't afford to continue to spend money on a worthless cause, when I can't receive the help I need. And yes, I would think they could deliver them to the county line, 10 miles isn't that far.

 

[justalayman]

The best I can say at this moment would be to make sure you renew the judgment as required (I saw a reference that a judgment is good for only 5 years but can be renewed). Then lay back and wait but keep watching and checking. Hopefully he will let his guard down and forget about it and allow you to garner enough information to take action and collect on the judgment.

 

[ticked-in-OK]

Justalayman ~ First I would like to say thank you for all of your polite help! I thought to write this additional post in hopes to help someone else out incase they find themselves in the same situation as I am in now. What I have discovered is that their is an act called the "Uniform Enforment of Foreign Judgement Act" that has been adopted by most states, fortunately Oklahoma IS one. (Important to check first to see if your state has the act in place). If you goolge it, it gives you step by step instructions of how to go about utilizing it. This act is designed to include interstate and Over the state lines. Yes, this will cost me a few more dollars, but I haven't worked this hard and come this far to give up now, not if I want my money back that is owed to me. This is by NO means LEGAL advise but rather a suggestion of options for continuation rather than just sitting idle. I now have renewed hope!

 

[justalayman]

the fact is; that is for interstate actions when the judgment is from one state and the judgment debtor is in another state. It follows along with the full faith and credit requirement of the US Constitution. Your problem is intrastate.

You do not have to take any action such as that act requires to have your judgment enforced in Oklahoma because, well, because you are still in Oklahoma. That is to allow what is called; domesticating a judgment, in a state other than the state that issued the judgment by the simple action of registering the judgment with the office of a Clerk of the Court of the state you want to recognize the judgment.

 

[ticked-in-OK]

Right - But, I can get an authenticated copy and certify it with the adjoining county, request an asset hearing for that county, knowing full good and well they WILL fail to appear again, only this time the FTA will be in their residing county and I won't have to worry about extradition nonsense...they will be picked up and held in contemp and failure to appear? true or no?

 

[justalayman]

You don't need the use of the Act stated to do that. That is specifically for intrastate issues


for your own edification, go here http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST12&level=1

and scroll on down to section 719

 

[ticked-in-OK]

Great...making light of the subject now I need a Legal dictionary for dummies This is gonna take me a bit, but thank you!

 

[justalayman]

wasn't trying to overwhelm you. Just trying to give you some info concerning the foreign judgment issue.


I had not actually thought of registering the judgment in the neighboring county though (but it still is not an issue for the foreign judgment act). Given the resistance of your local county court to act, it sounds like a good idea, if possible.



and in my last post, I wrote this:

That is specifically for intrastate issues

I meant to write intERstate, not intrastate.