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From: Anne Meixner <annem@firebird.ece.cmu.edu>
Message-Id: <9208071840.AA04824@firebird.ece.cmu.edu>
To: bovik@cs.cmu.edu
Subject: Small Claims Court
Date: Fri, 07 Aug 92 14:40:04 -0400


Below is the response I received when I asked for information
and people's experience with Small Claims Court.

Before these response's I wanted to document a few phone numbers.

For general information call the Citty at 355-5625.  Caveat:
besure to specifiy where your accident occurred or your residence
as that will determine where you should file.

I filed my claim at the district magistrates in Greenfield
# 521-7782.

Further along is a book produced by HALT is recommanded,  I
recieved a copy and found it to be a good source of information.

Good Luck with your claim!

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To: annem@firebird.ece.cmu.edu
Subject: Re: Small Claims Court
Date: Mon, 29 Jun 92 16:02:07 EDT
From: Daniel Bidwa <dbidwa@SEI.CMU.EDU>

I took a moving company to small claims court a few months ago (their truck
had hit my car four months earlier, and, although they admitted
responsibility, they wouldn't pay up). I filed claims at the District
Justice's office (in Squirrel Hill), asking for the cost of the repairs plus
court costs ($37) plus $50 for the hassle of having to take them to court. I
had a copy of the estimates I had gotten for the repair of the damages, and a
copy of the letter they sent me that said, in effect, "if you promise not to
sue us for any other damages, we'll pay the amount listed on the estimate." 
The company didn't contest the charges, and I got a check in the mail in a few
weeks.

A witness to your accident would probably be helpful. (I assume it was his
fault?) A police report would be even better, although not having one
shouldn't hurt either (PA law says that if the cars can be driven away, and
nobody is injured, a police report isn't necessary). 

On a different note, if your insurance covers collision, maybe you should let
them know what's going on so that their lawyers can earn their keep. (On the
other hand, reporting accidents to your insurance company can sometimes
backfire, whether they're your fault or not -- I told my insurance company
about the moving truck incident, which happened while my car was parked
(legally) outside my house, and apparently it ended up on my record, because
they brought it up (in a negative sense) when I was adding my motorcycle to my
policy.)

Good luck!

Dan

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From: Hank Walker <dmw@taurus.ece.cmu.edu>
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To: annem@firebird.ece.cmu.edu (Anne Meixner)
Cc: 
Subject: Re: Small Claims Court

All very simple.  I've gone to the one in the Born building on Murray Ave.
You fill out some forms, dress nicely, show up at the appointed time with
your evidence (notarized statement, photos), and say your piece.  If you
don't like the result, you can appeal to the Court of Common Pleas, but that
is a really major hassle, and probably not worth your time unless your car
was totaled.  And if the other guy has no money, this is all a waste of time
anyway.

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Date: Tue, 30 Jun 92 12:27:44 -0400 (EDT)
From: Michael.Witbrock@cs.cmu.edu
To: Anne Meixner <annem@firebird.ece.cmu.edu>
Subject: Re: Small Claims Court
In-Reply-To: <1992Jun29.190755.28421@fs7.ece.cmu.edu>
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Distribution: cmu

As far as I know, pgh doesn't have small claims courts. What I did (am
doing) is went to the magistrate for the district of the crash and filed
suit. They didn't show up, so they lost. This seems to be standard
practice. They appealed, so I have had to sue them again in pittsburgh
district court. That has about a 4 month delay (I filed the first time 
in magistrates court 3 months ago. The refiling was a couple of weeks
ago. The court date is Oct 29.)  Expect the whole process to take about
8 months. Expect to develop an aversion to lawyers who make appeals
designed only to delay matters in the hope you'll give up.

Filing in the magistrates court costs around $40, which you'll get back
if you win in the end. Filing in the district court costs nothing (but I
think you have to file in the magistrates court first).

michael

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Date: Tue, 30 Jun 1992 14:44-EDT
From: Michael.Mauldin@NL.CS.CMU.EDU
To: Anne Meixner <annem@firebird.ece.cmu.edu>
Subject: Re: Small Claims Court
Message-Id: <709929857/mlm@NL.CS.CMU.EDU>
In-Reply-To: Anne Meixner's bboard message of 29-Jun-92 17:57

My advice would be to get your facts written down as clearly as
possible, including receipts for damages, statements by witnesses (best
to have at least one witness come with you).

It would also be good to spend $20 to go to Hyatt legal service for a
30 minute consulatation on the facts with a real attorney, but you can
represent yourself in small claims court.

Make sure the guy has some assets worth seizing (like a second car, a
bank account, or whatever).  I got a $1000 judgement against a bad car
repairman, and he turned out to have nothing to seize.  So all I got
was a piece of paper saying he owed me money.

When you go to court be brief, clear, and to the point.  Don't worry
about legal jargon, the Judge will know the law that applies.

Good luck.

Michael L. Mauldin (Fuzzy)		Email: mlm+@cs.cmu.edu
Carnegie Mellon University, CMT		Phone: 412-268-5293 (9am-6pm)
5000 Forbes Avenue			Home:  412-731-6883
Pittsburgh, PA  15213-3890		Fax:   412-268-6298 





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From: Frank Feather <feather@mast.ece.cmu.edu>
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To: annem@fs1.ece.cmu.edu, feather@mast.ece.cmu.edu
Subject: Insurance/Small Claims Court.


Anne,

    Paula gave me the number to the State Insurance commission to give
to you.  The number is:  565-5020.  She also gave me two names:
Bob Moon and Ron Grarina.  I'm not sure if these are lawyers or what.

    Also, if you are interested in going to small claims court I have
a very good book on just that topic.  It's from HALT, a policial
action committee on legal reform.  It's packed away but I'll try to
find it.

- -frank


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