QUESTION
What should I do before I take someone to a small claim court?
Asked on Jun 10th, 2013 on Personal Injury - Michigan
More details to this question:
Someone hit my rental car while it was parked, and they didn't have insurance. We filed the police report and they said they would responsible for the bill. I get the bill from the rental car company and it is $1300. They are not paying it; they cannot be reached any more. I haven't paid my bill and it's gone to collections. Can I take them to small claim court, even though I haven't paid anything for it yet? Lawyers are not helping me because it's a small claim and I don't know what to do. Someone told me that since I didn't have any loss (since I didn't pay for anything yet) I can't take them to court. But I really don't have the money to pay for it. Maybe start doing monthly payments? Please Help!!! Thank you.
6 ANSWERS
Thomas Edward Gates
You need to pay the bill, since by not doing so just hurt your credit rating. You can take them to small claims, but it will likely be difficult to collect the judgement. You would have to garnish their wages.
Answered on Jun 11th, 2013 at 9:38 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Your advisors that tell you about damages are correct. If you have not been damaged yet you normally cant sue for money damages.
Answered on Jun 11th, 2013 at 9:38 PM
Ronald A. Steinberg
Well, first, you need to start making payments so you don't get sued. Then, find out if the police issued a ticket, and let them track down the dead beat. If they did not issue a ticket, you may want to do some digging and see if you can find an address, and then go to Small Claims Court and sue the dead beat.
Answered on Jun 11th, 2013 at 9:37 PM
Civil Litigation Attorney serving Van Nuys, CA
at
Law Offices of Alexander Edward Gilburg
Update Your Profile
You can go to small claims even if you haven't paid anything so far.
Answered on Jun 11th, 2013 at 9:25 PM
James Eugene Hasser
Yes, you can and should sue now before you get sued and your creditors get a judgment against you.
Answered on Jun 11th, 2013 at 11:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You have a liability and therefore a claim. Take them to small claims, and start paying the rental company as you have a clear liability to them.
Answered on Jun 11th, 2013 at 11:37 AM