QUESTION

What is the best thing to do to avoid going to court?

Asked on Jun 04th, 2013 on Criminal Law - California
More details to this question:
I have a small claims filed against me for property I have. I've been more than willing to give back these items back to the plaintiff. The plaintiff will not drop charges first unless I give the items back. I'm afraid to give back these items because he might decide to keep the charges and then when we go to court, how can I prove I gave them back to the plaintiff? I'd like to avoid court if possible and most of all avoid having to pay the $2000 value. I'd much rather give his things back and have proof of that. Should I just wait and go to court or take the risk and give the items back in hopes the plaintiff drops the case?
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6 ANSWERS

Michael J. Breczinski
Either have the person sign a receipt or have witnesses there say that they received the items back.
Answered on Jun 06th, 2013 at 10:43 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Appear in court and tell the judge what you just said. Maybe take photos of the items and bring the photos in to court and show the judge you have them. At this point, there is no way you can avoid appearing in court unless you give the items back and receive some sort of written proof that the plaintiff will ask the judge to dismiss the case, which is kind of risky in my opinion.
Answered on Jun 06th, 2013 at 12:08 AM

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You should have an attorney get involved for the purpose of settling this civil matter. The attorney can hold the items in trust and disperse them to the plaintiff only after the parties sign off on a stipulation of dismissal with prejudice and can then provide immediate access to the personal property after the plaintiff first signs off on the dismissal document. Such a service should not be overly expensive in a small claims matter such as this and will well be worth the peace of mind you gain by making it go away. Of course, I have only provided you with you with very general information which is not intended as legal advice. Hence, no one should rely and act upon my commentary, but instead should directly consult with a attorney of his or her choosing before taking any of the legal steps discussed. That being said, I am more than willing to consult with you if you desire further insight into how to pursue the present matter.
Answered on Jun 06th, 2013 at 12:08 AM

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Divorce & Separation Attorney serving Jacksonville, NC
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Dude, its 2013! Grab a video camera or your cell phone and snap some pics of jerk-wad picking up his worthless crap! If you don't have a video camera or cell phone that takes pics surely you have a few friends who will sit around with you and drink beer while the guy is picking up his crap and can be witnesses at any hearing? If you have no video camera / cell phone or friends, hell keep his crap 'cause you gots way worse problems than this petty small claims case.
Answered on Jun 06th, 2013 at 12:07 AM

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Thomas Edward Gates
Have a witness present. Also, have a document drafted stating what was agreed to and have him sign it. If he refuses to sign, then go to court. Since you are willing to return the items, the court cannot expect any more.
Answered on Jun 06th, 2013 at 12:07 AM

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Criminal Defense Attorney serving Santa Rosa, CA
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If you call up the Sheriff's Department or local police department, you can often arrange to meet the other person in their lobby to exchange the property. Then there is a witness to the transfer if there is any question about it in the future. It may be best to give the items back and arrange to transfer them in a public place or through a mutual third party.
Answered on Jun 06th, 2013 at 12:06 AM

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