Small Claims Tribunal

[nodrog:Me]

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.

id be trying this first.

[TimeOut]

It can be a pain sometimes, you can't claim extra expenses we won with a horse but had to deliver it back at our expense.

Can you try telling him that you're going to file a claim, he may pay up now wouldn't that be nice.

[Boob Johnson]

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.

How on earth did a drop kick like THAT get $6k out of you???

[Deano]

How on earth did a drop kick like THAT get $6k out of you???

He knocked me off my bike. No insurance. Lesson learnt.

[Boob Johnson]

He knocked me off my bike. No insurance. Lesson learnt.

Bugger!!!!

[Yossarian]

Hi folks

I contacted this idiots company,after two weeks of me constantly ringing him, he finally gave me their details. I Rang the company up and spoke to the boss man and asked him was he aware that one of his drivers was involved in a collision, to which he said no.
It transpires that the idiot was 'self-employed' and did the odd couple of days for this company, whose details he gave me, involving a third party into the whole mess when he didn't need too.
I told him I was going to file a claim about two weeks ago to see if that would provide any impetus, to which he said 'I'll sort you out with some money' he's been blowing smoke up my a**e ever since, it happened a month ago so I'll try the small claims court.
I'm in the process of collating all the relevent information and then I'll send it in.
Thanks for the replies and I'll update this post sometime in the future if I have any luck (or not) as the case may be.

Thanks muchly.

[geoffm]

Self employed - convenient for the company ...

Lodge immediately, make sure you ahve written witness statements, photos, quotes, etc. My ex boss took a painter to the Small Claims Court, and lost because the judge wanted the witnesses to appear in person - this was a high school principal, a property manager and other busy people who could not do that. There was no dispute over the statements. it was a celar cut case of poor work by a bunch of illegal immigrants.
Lodging sometimes shakes them up enough to settle. Worked for a panel beater/ painter who stuffed up a paint job on a bike of mine.
Even if you win. YOU have to get the money out of them, and track them down if they do a runner. If you could get the money, you wouldn't be there...
The system is useless agains the scumbags.

[popelli]

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.

That is exactly right, I went to the court once with and open and shut case, had all the documentation

Guilty party turned up with a load of bollix for a case, lied consistently thru out the proceedings, disagreed with every fact and refused to admitt liability and agree on anything

As it is a tribunal rather than a court and no agreement was made I ended up with a 50/50 split

[Grahameeboy]

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.

Easy, go to Court, pick up leaflets and DT Papers, fill in...pretty straight forward....assuming claim under $7,500, I think the fee is around $100.

Puts pressure on guy...if he does not turn up he looses...first though, send him copies, saying unless you etc withing 7 days you will send to Court...saves you some issuing costs....

[Grahameeboy]

Self employed - convenient for the company ...

Lodge immediately, make sure you ahve written witness statements, photos, quotes, etc. My ex boss took a painter to the Small Claims Court, and lost because the judge wanted the witnesses to appear in person - this was a high school principal, a property manager and other busy people who could not do that. There was no dispute over the statements. it was a celar cut case of poor work by a bunch of illegal immigrants.
Lodging sometimes shakes them up enough to settle. Worked for a panel beater/ painter who stuffed up a paint job on a bike of mine.
Even if you win. YOU have to get the money out of them, and track them down if they do a runner. If you could get the money, you wouldn't be there...
The system is useless agains the scumbags.

Garnishee order....get money out of employers...

[geoffm]

Garnishee order....get money out of employers...

Easier said than done when they are NINJAs (No income, no job or assets) and disappear like it too. It also costs money to chase these pricks, and track them down, etc
and of course, that 42" plasma actually belongs to the flatmate, etc.
Small claims court only works against honest people who have something to lose.

[Grahameeboy]

Easier said than done when they are NINJAs (No income, no job or assets) and disappear like it too. It also costs money to chase these pricks, and track them down, etc
and of course, that 42" plasma actually belongs to the flatmate, etc.
Small claims court only works against honest people who have something to lose.

Stay positive I say........................

[Yossarian]

For those that are interested,

I went to the Post Office yesterday to obtain the address of the fool that knocked me off me bike.
It cost 2.25 bucks and the girl behind the counter gave me the details there and then, I thought I'd have to wait a week as stated elsewhere.

Just so you know.

Cheers.

[Badjelly]

What is this Small Claims Court? Is it different from the Disputes Tribunal?

[Lias]

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.

Thats why you hire a real debt collection agency.. You dont hire Baycorp, you hire the nearest 1% MC. Fees might be a bit steeper but you get the satisfaction of knowing he'll be without his kneecaps if he doesnt pay up :-P