Small Claims Court - Advice Megathread

[Enchubben 5595]

Random, but I am potentially going to have to go to small claims court to receive relief from an incident that occurred at a state funded agency where the agency will end up being the defendant. For purposes of proof/evidence, I will actually need video tape from the agency's surveillance cameras. 

Any chance in hell I will be able to get that?  I included in my initial claims/demand/settlement offer letter that I request that they hold all available evidence, video etc, but I'm not sure how to go about getting that for my own purposes. I am planning on defending myself, and this is my first experience doing something like this, so any non-binding legal advice is welcomed.

[luke duke 6438]

You need to make it clear from the beginning that you are putting the whole system on trial. In addition, studies have shown that mentioning a “Code Red” will improve your chances of success dramatically.

[bernorange 8380]

I hear that most judges in small claims courts will give your side bonus points if you can work in some classic references like "now we see the violence inherent in the system" and "help! help! I'm being repressed!".

[Gil Bang 26164]

put the system on trial. 

[RoundRobin 828]

Well, you can do whatever you want to us, but I for one am not going to stand here and listen to you badmouth the United States of America. Gentlemen!

[South Austin 52930]

Make sure you strenuously object.

[TwiceHorn 31869]

"State-funded" or state agency?  First, familiarize yourself with the Texas Tort Claims Act. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

 

Particularly,

Quote

Sec. 101.101. NOTICE. (a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:

(1) the damage or injury claimed;

(2) the time and place of the incident; and

(3) the incident.

(b) A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.

(c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged.

Discovery can only be obtained by court order, so you have to apply to the court to obtain discovery of surveillance video.  You might be better off filing an Open Records request before you file suit.  Keep the request and the response paperwork as it may be needed to authenticate the tape.

 

[beer 3266]

They will change the venue and make it not worth your while. Just sayin'

[Dendox 102]

13 hours ago, TwiceHorn said:

"State-funded" or state agency?  First, familiarize yourself with the Texas Tort Claims Act. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

 

Particularly,

Discovery can only be obtained by court order, so you have to apply to the court to obtain discovery of surveillance video.  You might be better off filing an Open Records request before you file suit.  Keep the request and the response paperwork as it may be needed to authenticate the tape.

 

all of this

[ROFL BOX 6652]

If you don't mention  that a fringed flag is that of the Admiralty & as such, means it is a kangaroo court that is invalid under the Constitution of the United States of America, then you are doing the rest of us a disservice & thus worthy of our scorn.

Gotdammit, you ARE a sovereign citizen!  If you don't defend your rights, you have doomed us all!

[ROFL BOX 6652]

Stand near the bailiff  & reach for your pocket US Constitution really REALLY fast.

 

[phdhorn 6224]

Most small claims judges are like bookies - they like to make everyone happy and compromise, so no one's happy.

Count on the judge giving you some small brownie points for showing up, but not an outright "win".

I've been there, done that, seen it too much.  Oh, I also slept with a small claims administrator who was Puerto Rican, had incredibly great tits but kind of skinny in the tush.  Include that in your affidavit.

[South Austin 52930]

3 hours ago, phdhorn said:

I've been there, done that, seen it too much.  Oh, I also slept with a small claims administrator who was Puerto Rican, had incredibly great tits but kind of skinny in the tush.  Include that in your affidavit.

Affidavit inadmissible without pics.  See Best Evidence Rule.

[Jack Straw 2954]

Make sure you issue letters rogatory.  The judge will be impressed.  

[ROFL BOX 6652]

If Napoleonic Law doesn't come into play, then we will (as a complete Shag community) be dismayed.

[TwiceHorn 31869]

6 minutes ago, Jack Straw said:

Make sure you issue letters rogatory.  The judge will be impressed.  

Doubly so because s/he won't know what they are.

[ROFL BOX 6652]

39 minutes ago, TwiceHorn said:

Doubly so because s/he won't know what they are.

Hurr "derr"

[Steel Shank 9508]

Hopefully you'll get this judge.

[That Guy 1001]

She could pound my gavel.

Ifyouknowwhatimean?

[Nolacycling 893]

On 7/16/2018 at 11:23 AM, Enchubben said:

Random, but I am potentially going to have to go to small claims court to receive relief from an incident that occurred at a state funded agency where the agency will end up being the defendant. For purposes of proof/evidence, I will actually need video tape from the agency's surveillance cameras. 

Any chance in hell I will be able to get that?  I included in my initial claims/demand/settlement offer letter that I request that they hold all available evidence, video etc, but I'm not sure how to go about getting that for my own purposes. I am planning on defending myself, and this is my first experience doing something like this, so any non-binding legal advice is welcomed.

 

[Nolacycling 893]

If I win a judgement in small claims court and the defendant can't/ doesn't pay what are my options?

[TwiceHorn 31869]

You have essentially two options.  First is to have the sheriff/constable "execute" (issue or "sue out" a writ of execution) on the assets of the defendant.  That means s/he goes to their home, knocks on the door, surveys the property to see if there's anything obviously not within Texas' exempt property limitations (corporations and entitles have no exemptions), seizes it if any, sells it at an auction and turns over proceeds to you.

A much more powerful tool is the writ of garnishment, but you have to have an idea where his bank accounts are.  That is a writ issued in the name of the bank/institution that causes assets to be frozen until a hearing can be had.  Checks bounce, deposits get frozen also.  It's fantastic.

Both of these are more or less within the ability of most laypeople.  There is a third, the turnover order, that is not.

 

 

[cabowabo 4640]

On 4/10/2020 at 4:46 PM, Nolacycling said:

If I win a judgement in small claims court and the defendant can't/ doesn't pay what are my options?

Be careful with the Writ of Garnishment because you have to pay the bank’s attorneys fees. I once garnished an account that had $200 in it, and my client had to pay $500 in attorneys fees. You should definitely record an Abstract of Judgment in the county records which will become a lien on any real property they own in that county. They are good for 10 years.  If the debtor wants to buy or sell real property in that county, they’ll need to pay the judgment to get the judgment lien released. 

Edited April 15, 2020 by cabowabo