Small Claims Tribunal

[Yossarian]

Good evening folks,

I was wondering if any of you fine people have had experience of going down the Small claims tribunal road?
I got knocked off my VTR250 a month ago after a gobshite failed to give way to me at a roundabout. I've given him that amount of time to come up with the money to pay for the damage done, but he just keeps fobbing me off, (my insurance had run out about three weeks prior...)
Is it worth the time and effort? I have two people who saw the incident and the man that knocked me off, signed a statement at the local cop-shop admitting liability.

Sorry if this has been posted before, can't seem to find a relevent thread.

Thanks for any help.

Yoss.

[fridayflash]

how much damage yoss? and how about a 'name and shame'? hehe

[HenryDorsetCase]

SHIT YES!!!

get thee to the local court office and file. cost you $50 or so and take it from there.

The slight wrinkle in your theory is that its called the Disputes Tribunal: if he admits liability there is no dispute: having said that, it shouldnt prevent you getting an order, then its enforceable as a court order. all good things.

check out their website: lip dem. lip my stocking

[Mom]

SHIT YES!!!

What he said! Absolutely take this person to the disputes tribunal! You need proof of the cost of repairs, a written quote will do the trick. You have witnesses statements? Where are you? I am a bit north of Auckland, Pm me if you want some help putting a claim together.

DO IT!

[Yossarian]

Cheers for your replies,

The 'professional' truck driver went into the left side of my front wheel which made me drop the bike on the right hand side (where the exhaust is). All in all, 1700 bucks worth of damage, with 1200 for the exhaust alone....
I wanted to give this lad the benefit of the doubt, but hes faffing me about and I think a month was long enough to give him, for him to try and make amends.
I got some Bumph regarding the Claims Court from my local cop-shop and will start getting all the relevent information together.

Thanks.

[rocketman1]

I have bit of experience in this feild,
Rule 1 is.. Get your shit together, by that I mean get photos, sworn statements , witness reports, and drawings of what happened.
Sounds like a bit of work , but if you want to win , do your homework.
Even if you think it is black & white case that you are right.
The first time I went I though it was a open & shut case that I would win, found out that the guilty party had done his homework well and the judge awarded a 50/50 deal, pissed me right off, next 2 times I was plenty prepared and did good.

[Motig]

Was he driving a company truck ? If he was would it pay to go to the company and get them to pay the bill, then they can sort it out with their driver.

[MadDuck]

Rule 1 is.. Get your shit together.

This should be rule 2 and rule 3 and rule 4.

Having been to the Disputes Tribunal many many times..... it comes down to the referee on the day and what mood they are in as to the decision that is made - doesnt matter how good your evidence is!

Note the limit on the Tribunal is $7,500 so I am guessing you will fall well within this.

[Sellout]

I found you need to be determined. I ended up going in about 5 times and filling out forms, telling my story again and again... Can be really time consuming and a lot of effort, and yes, homework is definitely the make-or-break!! I was lucky I worked over the road from the court house.

After all that effort, I had the gumby's pay garnished and he paid me off $10 a week for 3 years... grumble grumble... but at least I got my money I s'pose

[Lteejay]

Get your shit together, by that I mean get photos, sworn statements , witness reports, and drawings of what happened.
Sounds like a bit of work , but if you want to win , do your homework.

What he said. Small claims court is all about facts, figures and documentation. You should be sweet as long as you have everything documented and have acted in good faith in regards to contacting him and giving him time for payment.

good luck

[Dave-]

do it, it's great fun!

show up, act all denny crane, he probably wont show, the court hearing is often enough to scare them into submission.

[Boob Johnson]

What he said. Small claims court is all about facts, figures and documentation

What if he is outside of 100km? It can be done over the phone according to the info on the site. How does one provide "documentation" over the phone?

[Gremlin]

the court hearing is often enough to scare them into submission.

yep, had that once with a client, suddenly rang up on a Friday (tribunal set for Monday), two months after trying to chase him to pay, him refusing etc.

He paid in cash, and we made him pay the lodging fee too, he barely bothered to argue about the increase...

As others have said, make sure you have all the facts straight, done all your homework, and it should pay off. On the negative side, it doesn't technically force them to pay, they can still be a right prick, but its just one more step along that road, which you will eventually finish.

[Lteejay]

What if he is outside of 100km? It can be done over the phone according to the info on the site. How does one provide "documentation" over the phone?

Assume you would fax all relevant documentation in. Known several people that have gone through the process, but it has always involved people in the same area.

[Deano]

Even when you win, you still might lose.

I won a case in 2003 and have been chasing the cretin for the money ever since. He has so far paid me $150 out of a $6000 debt.

I've taken him back to court several times for non payment.

He is a career criminal on a sickness benefit - WINZ will not take any of his benefit to pay me because it will reduce his benefit below the 'protected earnings' threshhold.

I've now put a debt collection company onto him and they are getting the run around also.

You can't get blood out of a stone, and it's just as hard getting money out of someone who 'claims' to be broke, but is out every night breaking into your gandmothers house or selling your kids drugs.

Go the Justice system.