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Thread: Small Claims Court

  1. #1

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    Default Small Claims Court

    I filed a claim in 2003. A lady from Indianapolis purchased some persian kittens off of me and never paid me the balance due. I hated to sue her, but I did. It cost money and tons of paperwork. In order to file, i had to have her SS# and date of birth. Of course, I did not have that info. I paid a PI to get that for me.
    Finally, got the court case filed and we had our 1st court hearing.
    NO SHOW. Long story short, 5 no shows. I had to miss work, etc. to go to these hearings.
    Of course, I won the case.
    Now, there is a warrant out for her arrest.
    I am so happy, thinking, I will finally get the money owed to me and I swore I would donate all of it to the DeKalb County Animal Shelter.
    I was told, that since there is a warrant out for her arrest, once she gets pulled over for speeding, etc. The warrant would show up and she would go to jail and would not be able to get out until she paid the bill.
    Here it is 2009, I went to the court house to find out why I have not received any monies on my win.(money owed)
    I was told this: The warrant only applies if she is pulled over in DeKalb County.
    I said, OMG, of course, she is never going to come back here, she lives in Indy.
    She was scamming me from jump street, knows the system, and knew she would get away with this.
    If I had known the warrant was only good in the county that I filed it in, I would have just let her get away with the persian kittens.
    I wasted several hours of my time, court costs, and a PI fee and I am out, Not just the money she owes me, but all the time and money I had to put in this.
    I found her today while searching on the web. Her name is Pam Bayne and she is working with animals and trying to place them in homes. I wonder how many other people she has ripped off. May God give her some honesty and direction.

  2. #2

    Default Re: Small Claims Court

    Winning a small claims case and collecting on it are two different things.

    I was involved in a case some years back where the defendant defaulted on a personal loan of a goodly sum.

    The defendant's wages were garnisheed and a only recovered a few hundred dollars. A short time later, the defendant filed bankruptcy which nullified any further collection effort.

    Yes, I spend time at several hearings, only one where the defendant was present.

    Don't get your hopes up. You can't get blood out of a turnip...or a deadbeat.

  3. #3

    Default Re: Small Claims Court

    try to file one of these......

    in law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.

  4. Default Re: Small Claims Court

    Quote Originally Posted by michael medeski View Post
    try to file one of these......

    in law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.
    Good idea, then she can't sell her car or home or whatever unless you are paid. That is, providing she actually has something of value in her name. I don't know how a bankruptcy would affect it.
    "You don't have to agree with me, it's ok for you to be wrong." A.R.Rogance

  5. #5

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    Default Re: Small Claims Court

    Quote Originally Posted by Mrs.Slotz View Post
    I was told, that since there is a warrant out for her arrest, once she gets pulled over for speeding, etc. The warrant would show up and she would go to jail and would not be able to get out until she paid the bill.
    Here it is 2009, I went to the court house to find out why I have not received any monies on my win.(money owed)
    I was told this: The warrant only applies if she is pulled over in DeKalb County.
    I said, OMG, of course, she is never going to come back here, she lives in Indy.
    I was unaware that if a small claims judgment was placed against an individual, that an arrest warrant would be issued for that person?
    "It is the power of thought that gives man power over nature."
    Hans Christian Anderson

  6. #6

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    Default Re: Small Claims Court

    Small Claims Court is a waste of your time and money. Filing a lien takes time and money. I have done both and got judgements,still no guaranteeof ever collecting. On my last claim the court can't find him they think he is in Canada. S.O.L.

  7. #7

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    Default Re: Small Claims Court

    Quote Originally Posted by HoosierHelen View Post
    I was unaware that if a small claims judgment was placed against an individual, that an arrest warrant would be issued for that person?
    Not quite, Helen.

    As an old attorney of mine used to be fond of saying, "This isn't England. We don't have debtors' prisons."

    However, one can be incarcerated for failing to abide by a judge's orders.

    In Mrs. Slotz's case, my guess is that her debtor never appeared in court when ordered. So the debtor was in contempt of court for failing to follow a judge's orders by showing up in court, and NOT for failing to pay the bill.

    Here's the typical timeline in an uncomplicated lawsuit:

    1) File suit
    2) Attend the first hearing to decide the merits of the suit. If the defendant doesn't show up (which is often the case), a default judgment is entered against him.
    3) If the defendant still doesn't pay up, another hearing is held to ascertain what income and seizable assets the defendant has. This is where the plaintiff finds out where the defendant works to get a garnishment order, or if the defendant is expecting any payoffs in the near future. If the defendant doesn't show up for that hearing, then:
    4) A "Rule to Show Cause" hearing is held where the defendant is ordered to appear in front of the judge to give "good cause" why he didn't show up for the LAST hearing. Generally speaking, if the defendant shows up for that one, he usually isn't punished but rather whatever the previous hearing would have entailed is covered. If, however, the defendant fails to show for this hearing, then:
    5) A body attachment is filed against him. This is effectively an arrest warrant. You may see people in the Police Blotter arrested for "Civil Contempt of Court". This is probably why. They were not arrested for not paying their bills. They were arrested for ignoring several judge's orders to appear in court.
    Apples are good,
    Oranges are bad,
    Lemons are rude,
    Bananas are perverted,
    And kumquats are just, plain evil...

  8. #8

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    Default Re: Small Claims Court

    Only if she is pulled over in that county? I thought a warrant was a warrant. I had a friend leave the bolwing alley a few years back in auburn to get a case of beer for later... well, he took my truck and ended up getting pulled over and he had a warrant from allen county. something he did years ago and didnt pay something or something... anyways, they took him and transfered him to allen county. (at least the cop was nice enough to let me get my truck.) but im scratchin my head on this... is there a difference in certain warrants?? i didnt think it mattered what county, just "hey you gots a warrant... im takin ya's in!"
    That's what she said....

  9. #9

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    Default Re: Small Claims Court

    Quote Originally Posted by evilkumquat View Post
    Not quite, Helen.

    As an old attorney of mine used to be fond of saying, "This isn't England. We don't have debtors' prisons."

    However, one can be incarcerated for failing to abide by a judge's orders.

    In Mrs. Slotz's case, my guess is that her debtor never appeared in court when ordered. So the debtor was in contempt of court for failing to follow a judge's orders by showing up in court, and NOT for failing to pay the bill.

    Here's the typical timeline in an uncomplicated lawsuit:

    1) File suit
    2) Attend the first hearing to decide the merits of the suit. If the defendant doesn't show up (which is often the case), a default judgment is entered against him.
    3) If the defendant still doesn't pay up, another hearing is held to ascertain what income and seizable assets the defendant has. This is where the plaintiff finds out where the defendant works to get a garnishment order, or if the defendant is expecting any payoffs in the near future. If the defendant doesn't show up for that hearing, then:
    4) A "Rule to Show Cause" hearing is held where the defendant is ordered to appear in front of the judge to give "good cause" why he didn't show up for the LAST hearing. Generally speaking, if the defendant shows up for that one, he usually isn't punished but rather whatever the previous hearing would have entailed is covered. If, however, the defendant fails to show for this hearing, then:
    5) A body attachment is filed against him. This is effectively an arrest warrant. You may see people in the Police Blotter arrested for "Civil Contempt of Court". This is probably why. They were not arrested for not paying their bills. They were arrested for ignoring several judge's orders to appear in court.
    Thanks for that government lesson Evil. I hadn't realized the small claims court would issue warrants, but it does make sense if they don't show up for the summons that would be a violation of the court.

    Frequently I learn unexpected tidbits of info at this FencePost. Here's another time.
    "It is the power of thought that gives man power over nature."
    Hans Christian Anderson

  10. #10

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    Default Re: Small Claims Court

    In a civil case the Judge places a "Body Attachment" on a person. How a body attachment works is: the person will have to be pulled over, or somehow their license or identification will have to be ran. The police officer will then be notified that there is an active order for this person. They will arrest them and then try to make arrangements with the county that placed the attachment. What the police won't do is go looking for them. They somehow have to trip up to be caught. They will then get a hearing on the attachment and the Judge will decide on how much it will take for them to get out. I hope this is some clarification for you. Yes, small claims is usually not worth the time or effort put forth.

  11. #11

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    Default Re: Small Claims Court

    Quote Originally Posted by jack's_jill View Post
    In a civil case the Judge places a "Body Attachment" on a person. How a body attachment works is: the person will have to be pulled over, or somehow their license or identification will have to be ran. The police officer will then be notified that there is an active order for this person. They will arrest them and then try to make arrangements with the county that placed the attachment. What the police won't do is go looking for them. They somehow have to trip up to be caught. They will then get a hearing on the attachment and the Judge will decide on how much it will take for them to get out. I hope this is some clarification for you. Yes, small claims is usually not worth the time or effort put forth.
    What Evil quoted earlier 'This isn't England. We don't have debtors' prisons' had stuck in my head from early days, I had never realized (or thought about) that people in the USA could be jailed for a small claims debt.

    As I said earlier...I never know what kind of info I may pick up while browsing on the Fence Post. Interesting....
    "It is the power of thought that gives man power over nature."
    Hans Christian Anderson

  12. #12

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    Default Re: Small Claims Court

    the "lady" that i sued has no property, ie, renting. the car is in her husbands name. they are now divorced.
    i do not think she had any income other than her husband giving her money each week.
    So, yes, i lost.

    I am a firm believer that what comes around, goes around.

    I did look up warrants and she has one in DeKalb and Allen County.
    I was just amazed to see her face on the front page of an article praising her about all the time she has dedicated to adopting homeless animals out.
    They were making her look like an angel.

  13. #13

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    Default Re: Small Claims Court

    I can not believe it. In today's Police Blotter you will see that a lady named Pam Bayne from Mooresville, IN got arrested for an outstanding warrant.

    This is the lady that I filed a small claims case on several years ago. I called the jail and they told me she got released yesterday. They said she was ordered to pay the 409.00 to the court house and that they released her after court. I do not know if she paid the money to the court or not.
    Would they have let her leave the courthouse without paying?

  14. #14

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    Default Re: Small Claims Court

    Quote Originally Posted by Mrs.Slotz View Post
    I can not believe it. In today's Police Blotter you will see that a lady named Pam Bayne from Mooresville, IN got arrested for an outstanding warrant.

    This is the lady that I filed a small claims case on several years ago. I called the jail and they told me she got released yesterday. They said she was ordered to pay the 409.00 to the court house and that they released her after court. I do not know if she paid the money to the court or not.
    Would they have let her leave the courthouse without paying?

    Here is the article:


    Pam J. Bayne, 64, of the
    500 block of Morningstar
    Drive, Mooresville, was
    arrested by county police
    Thursday at 6:16 p.m. on a
    warrant from the DeKalb
    County Sheriff’s Department
    charging her with contempt
    of court. She was held at the
    jail for $409 cash-only bond.

  15. #15

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    Default Re: Small Claims Court

    Quote Originally Posted by Mrs.Slotz View Post
    Here is the article:


    Pam J. Bayne, 64, of the
    500 block of Morningstar
    Drive, Mooresville, was
    arrested by county police
    Thursday at 6:16 p.m. on a
    warrant from the DeKalb
    County Sheriff’s Department
    charging her with contempt
    of court. She was held at the
    jail for $409 cash-only bond.
    Sounds like to me that they may have just let her out of jail to go to court and she told them she could not make it to the other hearings because she simply did not have enough time to get to the hearings.

  16. #16

    Default Re: Small Claims Court

    Quote Originally Posted by hairypumper View Post
    Good idea, then she can't sell her car or home or whatever unless you are paid. That is, providing she actually has something of value in her name. I don't know how a bankruptcy would affect it.
    My understanding is that a judgement so ordered by a judge can not be included in any bankruptcy.

  17. #17

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    Default Re: Small Claims Court

    Quote Originally Posted by XenaWarriorPrincess View Post
    My understanding is that a judgement so ordered by a judge can not be included in any bankruptcy.
    Not withstanding the bankruptcy "reform" that was finally achieved by the credit card companies a few years ago making it so most consumers can no longer discharge their debts for a clean slate, all debts except for a very, very few (like delinquent taxes or child support payments) can be included in a bankruptcy.

    Regular judgments can and are included in bankruptcies.
    Apples are good,
    Oranges are bad,
    Lemons are rude,
    Bananas are perverted,
    And kumquats are just, plain evil...

  18. #18

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    Default Re: Small Claims Court

    I can not believe it!! She had her court hearing on Friday and she said her daughter was coming up from Indy to pay the funds so they released her.
    Guess what!!
    DAAAAAAAAAA, a con artist is a con artist, she did NOT pay!!

  19. #19

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    Default Re: Small Claims Court

    Quote Originally Posted by Mrs.Slotz View Post
    I can not believe it!! She had her court hearing on Friday and she said her daughter was coming up from Indy to pay the funds so they released her.
    Guess what!!
    DAAAAAAAAAA, a con artist is a con artist, she did NOT pay!!
    *sigh

    Welcome to the wonderful world of non-violent crime enforcement.

    Had she been incarcerated for assault or threats, or was a wanted fugitive, she'd have been kept.

    For civil prosecutions, the judges seem WAY too trusting.

    I've seen this time and time again in dealings my family's had in a similar matter.
    Apples are good,
    Oranges are bad,
    Lemons are rude,
    Bananas are perverted,
    And kumquats are just, plain evil...

  20. #20

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    Default Re: Small Claims Court

    Quote Originally Posted by evilkumquat View Post
    *sigh

    Welcome to the wonderful world of non-violent crime enforcement.

    Had she been incarcerated for assault or threats, or was a wanted fugitive, she'd have been kept.

    For civil prosecutions, the judges seem WAY too trusting.

    I've seen this time and time again in dealings my family's had in a similar matter.
    Do tell. What kind of matter?

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