Originally posted by zam70
In your case, I would represent your self. It's not hard at all especially in a slam dunk situation like this.
I have represented my self in court for years and have always won.
Ditto here too...
FWIW have ALL your ducks in a row before going to court such as witnesses, documents (ie: police report(s), ins/body shop repair estimate, etc), and be prepaired for the ppl to lie their hind ends off. Being under oath doesnt make a flyin flip to some ppl and they will flat out say whatever they think will get them out of hot water. The burden of proof will be on you so make sure you have as much documentation as you can get so you can prove to the judge that what you are claiming is true.
If these ppl say they have no a$$ets then go down to the court house and look up where they live. Whoever owns that house/property is a matter of public record. Same deal with any cars they have... Get the lic numbers and find a bud/friend/whatever to run a check on the plate to see who its registered to. If its registered to the dirt bags that hit you then right there is another asset.
You can attach a lein to either of the above also if the property isnt owned by them free and clear. If you attach a lein to their house then they cant sell it until that lein is settled. Same deal with the car(s). Unfortunately this doesnt get your money back very quickly at all but....if you are awarded any interest on a judgement you win then just let the interest pile up and when they try to sell any of the property that has the lein on it then you get paid + intrest. There are ways for them to wiggle out of it but they have to be low lifes and live almost like gypsies (and continue to live like that for years) to get out of it.
Lastly, youd be suprised what kind of info you can get just by calling the courthouse and talking with a court clerk. Here in VA you can down load any documents that are needed in a case like yours so you really dont have to step foot in the court house until the big day. You can do it on your own if you have the time and are sharp enough to network your way through ppl that work for the courts. If you dont have time or dont feel like taking a day or two to wade through the above mentioned documents then youre prolly better off to talk to a lawyer. Im a get even on a budget kinda guy so I enjoyed doing the needed leg work and dragging a slime ball to court
.
Oh, before I forget... It doesnt hurt to check into whether its legal in your state to record a phone conversation too. If its like VA (it varies state to state) you can record a
two party phone conversation as long as at least one party knows its being recorded. Welp, youre doing the recording so obviously you know which makes it perfectly legal. At least in VA. If thats the case in your state Id get the dirt bag in question on the phone to discuss the whole matter while you record it. When court day comes and they stand up and lie their hind end off all you gotta do is play your little tape. That along with the previously mentioned documents/witness(es) will bury them unless the judge is a tard. That worked for me
