Manhattan Apartments, Inc. v. Matera (10 Misc.3 d 133A)--
small claims judgment in favor of broker affirmed; broker's responsibility was fully performed upon tenant's signing of lease agreement, at with point the earned commission became irrevocable; the fact that landlord ultimately agreed to relieve tenant of his leasehold obligations due to noise concerns had no bearing on broker's entitlement to recover the agreed upon brokerage fee; record contains no indications that broker / tenant agreement incorporated any condition that tenant was looking for a «quiet» apartment.
Peltonen v. Halstead Property Corp. (10 Misc.3 d 130A)--
small claims judgment in favor of broker dismissing seller's action against broker affirmed; evidence supports a finding that broker satisfactorily performed its contractual obligations and that seller suffered no damages as a result of broker's «defective» services; seller's condominium apartment was sold within one month of the parties» listing agreement and at a purchase price exceeding the asking price in a co-brokered transaction.
Depending on what the district court judge decides, the judge can set aside, confirm, or modify
the small claims judgment, and could even order a new trial.
This site offers information about how to sue in small claims court, what to do if you are sued, how to prepare for a hearing, what to do in a hearing, how to appeal
a small claims judgment, and how to collect a judgment if you do win your case in small claims court.
The next question usually is, «does it matter if I file my bankruptcy before or after the creditor gets
its small claims judgment?»
Usually, it will be a wage assignment, child support judgment,
small claims judgment or a civil judgment.
Small claims judgments are typically dischargeable in bankruptcy.
Not exact matches
Intelius focuses on criminal checks, bankruptcies,
small claims activity, tax liens, address history, and court
judgments.
Rather than the current mode of bringing in attorneys, a
small claims court lets individuals take legal action that is typically much faster and far less expensive, although the
judgments and settlements tend to be on the
small potatoes scale.
State and local governments generally use your credit reports for criminal investigations, warrants, court
judgments,
small claims, bankruptcy, collections for child support, and your employment.
Customers report that negative items such as collections, late payments and even
judgments from
small claims court were removed.
Generally, most court
judgments, including
small claims, civil and child support, stay on your credit reports for up to 7 years from the date they were filed.
A
small claims or money
judgment is no different from any other general unsecured debt and it is typically dischargeable.
To learn more about enforcing the
judgment, visit
Small Claims — Collecting a
Judgment.
(For some kinds of cases — including foreclosure
judgments,
small claims, and traffic court appeals — you must ask to appeal within 14 days of the decision.
If the debtor does not pay the amount of a
Small Claims Court
judgment and does not work out a payment plan, a creditor must wait 30 days from the date of the
judgment before using other legal means to collect.
A creditor with a
Small Claims Court
judgment must file a Certificate of
Judgment at the Court of Queen's Bench for enforcement.
«The online filing wizard makes the process of completing and filing a
small claim and receiving a
judgment faster and more accessible by breaking it down into a series of easy - to - follow steps,» he says.
In one instance, he issued a
judgment in favour of civil rights activist Charles Roach who had sued the police in
Small Claims Court.
This unreported
judgment of the Ottawa
small claims court contains an excellent summary of the case law relating to the standard of care required of litigation counsel.
up private litigation where it promotes the use of legal machinery to oppress: as, for example, to so discord in a family; [Footnote 20] to expose infirmities in land titles, as by hunting up
claims of adverse possession; [Footnote 21] to harass large companies through a multiplicity of
small claims; [Footnote 22] or to oppress debtors as by seeking out unsatisfied
judgments.
In some states you can sue them in
small claim court and seek a declaratory
judgment that you do not owe them money.
The process of collecting a
judgment once you win one is really no different in
small claims court than it is in any other court, and as you note, it isn't easy.
Many court houses and public libraries have books on the
small claims process and on enforcing
judgments (with books on the latter often entitled «creditor's rights»).
Depending on your jurisdiction, you may be able to file a declaratory
judgment action in
small claims court.
Reasons for
judgment were released by the BC Supreme Court yesterday awarding a Plaintiff in a BC personal injury
claim «costs» despite the fact that the Plaintiff's award was within the
small claims court jurisdiction.
Generally an appeal from a
Small Claims Court
judgment must be made within 30 days of the
judgment.
The Court of Queen's Bench, not
Small Claims Court, deals with enforcing
judgments.
If you get a
judgment for the maximum amount in
Small Claims Court you can not sue in
Small Claims or any other court for the rest.
For this reason the Superior Court set aside the
Small Claims Court
judgment and directed the parties to have a new trial before a different
Small Claims Court judge.
In addition, the ex-husband
claimed that, based on the Supreme Court
judgment in the parties» matrimonial action, the ex-wife, whose two prior
small claims actions had been dismissed, was precluded from bringing this action under the doctrine of res judicata.
Small claims judges can only award money
judgments.
She has appeared before the Ontario Superior Court of Justice and
Small Claims Court, on a range of matters including express motions, default
judgments, settlement conference, and trial management conferences.
Establish streamlined
small claims collection procedures that cut through the red tape and ensure prompt payment of
judgments.
Each year, NYPIRG counselors help hundreds of New Yorkers understand their rights and navigate through the
small claims courts - from filing
claims to collecting
judgments.
The amount of the
judgment determines whether you go to
Small Claims Court (under $ 2K), District Court (under $ 25K) or Superior Court (ch.
Typically, if a client sues someone in
small claims court, they aren't guaranteed any money, even if they win, because of the need to enforce the
judgment.
Healey J. dismissed Ms. Brown's appeal from an order of the
Small Claims Court granting
judgment in favour of Peel Mutual on its Defendant's
Claim against her in the amount of $ 14,833.77.
Yes, the Realtor obtained
judgment for his commission in
Small Claims Court.
In my recent experience with
small claims in Rochester, my hearing took about 7 minutes and
judgment was issued to me right away.
But we all know it's not whether you win or lose in
small claims court, it's whether you can COLLECT on a
judgment in the event that you do win.
When the defendant (my ex-tenant) didn't pay me after losing the
small claims case (surprise surprise), I went back to court and filed a Writ of Execution to begin the process of enforcing the
judgment.
Whether or not you end up actually taking the person to
small claims court is largely a personal decision and also depends on whether or not you reasonably expect to be able to collect on a
judgment.