| Your best friend, or someone you thought of as | | | | new house. |
| a friend, asked you for a loan of $2,500.00. You | | | | 5. At the hearing |
| had the money, and you liked the guy, so you | | | | Small claims courts are generally much more |
| said okay. Two months have passed, and he | | | | informal that other courts. The judge will ask you |
| bought a new house. You know he's not hurting. | | | | questions, and then s/he'll ask your friend, the |
| You called him after you heard about the house | | | | defendant, questions. |
| and asked when he was going to pay you back. | | | | If you have presented the situation with evidence, |
| He said he had huge expenses now because of | | | | the judge will probably rule in your favor. |
| the new house. He said soon. Two weeks later | | | | You've won your case, and your friend is now |
| you called again. Again he said soon. You just put | | | | going to pay you back, but suppose he doesn't. |
| the phone down. You're tired of calling. He said | | | | Suppose he is a real jerk and has decided that he |
| soon again. What to do next? | | | | wants you to have to work just a little harder to |
| This situation sounds like a case for small claims | | | | get your money back. |
| court. Here's what you need to do: | | | | 6. Collecting a judgment |
| 1. Letter | | | | You have to collect the judgment. The defendant |
| Write your friend a letter. Tell him that he has | | | | may pay the amount directly to the court. If the |
| two weeks to pay you back. Tell him you want | | | | defendant does not have the money, the |
| to resolve his payment to you in a friendly | | | | defendant may have to pay installments. |
| manner, but if you do not receive a check within | | | | If your friend refuses to pay, you can complete |
| two weeks, you will see him in small claims court. | | | | an Application and Order for Appearance and |
| We're hoping that the letter resolves the | | | | Examination which would require your friend to |
| non-payment problem. If it does not, you'll have | | | | appear in small claims court to have his income |
| to continue to step two. | | | | and resources examined. |
| 2. File a claim | | | | You could also consider wage garnishment by |
| Go to your local small claims court and complete | | | | completing a Writ of Execution. This writ could |
| the forms. You can probably download the forms | | | | also levy your friend's checking or other bank |
| from your county's small claims website. Submit | | | | account. |
| the forms to the small claims court. The court will | | | | If your friend has a business with a cash register, |
| schedule a hearing. | | | | a sheriff can go to the business for a till tap. The |
| 3. Service of process | | | | sheriff can take enough money from the cash |
| Your friend has become the defendant. He must | | | | register to pay the judgment debt. The typical |
| be served at least 15 days before the hearing | | | | sheriff's fee for a till tap is $85.00. We hope your |
| date if the defendant lives in San Francisco | | | | friend doesn't put you in this situation, but if you |
| county. If the defendant does not live in the | | | | are ever in this situation, the purpose of small |
| county, s/he must be served at least 20 days | | | | claims courts is to resolve small problems without |
| before the hearing date. A capable adult must | | | | the expense of an attorney. This is the do it |
| serve a true copy of the claim. You cannot serve | | | | yourself legal remedy. |
| the defendant. | | | | Disclaimer: This article is not to be considered legal |
| 4. Evidence | | | | advice. If you need legal advice, seek out a |
| You next gather all evidence to submit at the | | | | licensed attorney. Remember that small claims |
| hearing. Evidence would include a copy of the | | | | courts do not require an attorney. If, however, |
| cancelled check that you gave your friend and | | | | the losing defendant appeals the small claims |
| dates and notes of all phone calls that you made | | | | court's decision, the new venue is a superior court. |
| to him. You may want to take a photo of his | | | | In a superior court, you will need an attorney. |