False pretenses is the crime of deceiving owners into willingly giving up rightful possession of their property with an intent to convert the property to personal use or profit. Persons who commit false pretenses do not have any lawful right to possession or any trust relationship. They simply lie, and this is the primary actus reus of false pretenses -- a lie, some kind of actual misrepresentation of the truth. It also must be shown that the victim relied upon the misrepresentation so much that they were willing to give up their property, not just possession of it, but ownership as well. This is the difference between larceny by trick and false pretenses -- in larceny by trick, the owner just gives up possession. With false pretenses, there's usually a transfer of title, deed, or ownership.
But I can't find what chapter it's in in the Florida criminal prosecution book thing...
would be be charged in Florida or CT? and can anyone find it? I'm having a hard time..lol
I've searched google and the dc pages thing, found a couple reports by authorities, proving only to be statistics and not the actualy law. I jsut need a copy of what the law says.
In my opinion it was stupid on your part to send money to a stranger in the first place. As far as legal actions are concerned, if u don't have the reciets of the postal transaction or didnt get a sign on delivery confirmation you are probably screwed, even though was he did was wrong, the law is messed up in ways like this. I know what you are going through someone tried to do something like this to me on ebay. Luckily ebay is a site where you are supposed to bid on items not like a mmorpg forum and i got my money back.
First off, you cannot bring this case to a real trial. You can only take this case to small claims court(no lawyer). Remember this would be a civil case, not a criminal case. No criminal charges could be filed againist Djii. You could only get the 50 dollars back- although you would lose the case. Second, it wasn't through CC, so you have no proof that he ever recieved the money. Third, whats with 50 dollars for a TV? It would cost 50 dollars just to ship the TV.
I kno you already talked about this but I was just wondering, why would you even consider sending money to some random person you don't even kno over the internet at that?
Djin was one of the first mods. Murt has probably known him personally on the forums longer than anyone else. Djin was never too reputable but Murt trusted him and for a guy that he has known for nearly 2 years, I don't blame him. I am really disappointed in Djin. An for everyone else that says "You are an idiot for sending money to a stranger", quiet. That point has already been discussed and revised.
-----------------
"The Job Of Art Is To Chase Away Ugliness" - Bono
"Whoever controls the media controls the mind..-'Jim Morrison"
"When decorum is repression, the only dignity free men have is to speak out." ~Abbie Hoffman
OMG I JUST MADE A REALLY EXTREMLLY LONG POST AND PUT A SMILIE ON AND THEN I REALIZED IT WAS TEH WRONG ONE AND PRESSED BACKSPACE AND IT SENT ME BACK ERASING MY POST!!!!!!!!!!!!!!!!
Originally posted by MurtBijani I found this FALSE PRETENSES False pretenses is the crime of deceiving owners into willingly giving up rightful possession of their property with an intent to convert the property to personal use or profit. Persons who commit false pretenses do not have any lawful right to possession or any trust relationship. They simply lie, and this is the primary actus reus of false pretenses -- a lie, some kind of actual misrepresentation of the truth. It also must be shown that the victim relied upon the misrepresentation so much that they were willing to give up their property, not just possession of it, but ownership as well. This is the difference between larceny by trick and false pretenses -- in larceny by trick, the owner just gives up possession. With false pretenses, there's usually a transfer of title, deed, or ownership. But I can't find what chapter it's in in the Florida criminal prosecution book thing... would be be charged in Florida or CT? and can anyone find it? I'm having a hard time..lol I've searched google and the dc pages thing, found a couple reports by authorities, proving only to be statistics and not the actualy law. I jsut need a copy of what the law says. Then I can compose the letter
Read it again. False Pretenses, according to the first line or two, would be applicable if you had, say, given Djin a T.V to sell for you and he either kept the T.V or sold it and kept the money. At least I am pretty sure that is what it means. Correct me if I am wrong.
Man, i feel for u. 3 or 4 weeks ago a good friend of mine had his house broken into and had his roommates PS2 stolen along with 10+ games, and a cigerette making kit stolen. Called the cops and they arn't doing #*$& about it. It's just one of those things were u want to make the person pay for messing with u/your clik. Gonna be taking the law into our own hands pretty soon if u get what i'm saying.
Originally posted by MurtBijani Originally posted by Coraith Haha Murt got owned, lets see what your governments gonna do now. pwned Don't worry, the justice system is amazing in this country. They will answer my call.
"They will answer my call"!? lmao, you gonna shine the batman logo out above town and get him to kick Dijn ass. Yeah nice one...
Not sure if this applies to your case, but in mine, I filed suit in my county, and when the other party did not appear, the judgement was made in my behalf. Then you have the trouble of actually collecting on the judgement, but at least you will have made your point.
Bearzen
*Okay, I missed several pages of the thread... re-reading.
Originally posted by Kiamde Djin was one of the first mods. Murt has probably known him personally on the forums longer than anyone else. Djin was never too reputable but Murt trusted him and for a guy that he has known for nearly 2 years, I don't blame him. I am really disappointed in Djin. An for everyone else that says "You are an idiot for sending money to a stranger", quiet. That point has already been discussed and revised. -----------------
"The Job Of Art Is To Chase Away Ugliness" - Bono
yea see, half of you guys that are saying otherwise haven't been here long enough. Atleast Kiamde understands my point
I'm just going to write him a letter, certified where he has to sign for it. Then on the letter I will give him 15 days to respond. If he does not, he's going to the small claims court.
Small Claims is a term used to describe a procedure which simplifies the court process used for resolving civil disputes that involve relatively small amounts of money ($5,000 or less--excluding court costs, interest and/or attorney's fees, if applicable). Small Claims cases are heard in the civil division of the county court.
In Florida the special rules of procedure which are used in small claims cases are called the Small Claims Rules (S. C. R.).
The Small Claims Rules serve to make the small claims court process simpler, speedier and more informal than the regular civil court process. These rules are published in the Florida Rules of Court and the Florida Statutes Annotated. These publications can usually be found at any public library or law library. If you are not familiar with the Small Claims Rules, you should read them for your own information prior to going through the small claims process.
A basic goal of the small claims process is to enable any person or business to resolve their small civil disputes through the court system without having to go through formal and complex court procedures.
Any person eighteen (18) years of age or older may file a small claims lawsuit. A person under eighteen years old may also sue in small claims, but only if his parent(s) or guardian files the suit for him. A business, whether owned by an individual, a partnership or a corporation, may also file a lawsuit in small claims.
If someone owes you money, and will not pay you or has your property and will not return it, you may be able to resolve the problem by taking your case to small claims. However, it is recommended that prior to considering filing a small claims suit, you should try to talk with the other person or send him a letter to attempt to reach a solution to your dispute. If your attempts to reach a satisfactory settlement with a person owing you money or property fail, then you should consider going to small claims.
* Have I tried all possible and/or reasonable means to reach a resolution to this problem?
* Do I have a valid legal claim against the other party?
* Do I have, or can I get, the necessary evidence I need to prove my claim in court?
* Is the amount of money or property in dispute $5,000 or less? (i.e., Is the small claims court the proper court to sue in?)
* Do I know the correct legal name and address of the other party?
If the answers to the above questions are all "yes", then you probably have a good basis for filing a small claims lawsuit.
An attorney could advise you on the validity of your claim as well as on what evidence you will need to prove your claim. Therefore, if you feel it is necessary to use an attorney, contact one. In most case you may ask the court to include the attorney's fees in the amount of the judgment if you win the case. You should ask the attorney about this also. If you want to talk with an attorney but do not know one, you should contact the local bar association of The Florida Bar's free lawyer referral service at their toll free number 800-342-8011 for information. If you want an attorney but cannot afford one, call the local Legal Aid Service to see if you might qualify for free legal service.
If you feel you are prepared to file a lawsuit, you should go to or contact the Clerk of Court in any one of the following counties:
* the county where the defendant (the person you want to sue) lives; or
* the county where the dispute or event which gave rise to the lawsuit (called the cause of action); or
* the county where the property in dispute is located; or
* if the case involves a secured promissory note, the county where the payment is received.
If you do not file your lawsuit in one of these counties, the defendant could request the court to move the trial (called change of venue) to one of the appropriate counties. If the defendant does request a change of venue, a judge would decide whether or not to allow the trial to be moved.
If you have any special problems in deciding which county is appropriate, contact the Clerk's Office for assistance.
All lawsuits are begun by filling out a complaint form, called a "Statement of Claim", at the clerk's office. The clerk, at your request, will assist you in preparing the Statement of Claim and any other documents which you may be required to file to start the lawsuit. On the Statement of Claim you have to provide information in a clear and concise way concerning what the case is all about and how much you are suing for.
At the time you file the Statement of Claim form you must have the proper name and address of the party you are suing. Additionally, if the claim is based upon a written document(s) (such as a promissory note, sales contract, lease, repair bill, etc.), you must have copies of it to attach to the Statement of Claim.
You will have to pay the court clerk a filing fee when you file the lawsuit. The amount of the filing fee is based upon the amount of your lawsuit.
After you have completed the Statement of Claim form, the next step is to have the defendant officially notified that a lawsuit has been filed against him. This notification procedure is called "Service of Process". The Statement of Claim is attached to a "Notice to Appear" form (a summons) and these papers are sent to the defendant. This can be accomplished in one of two ways.
One method of service of process is by mail. you can have the clerk send the lawsuit papers to the defendant by registered mail with a return receipt requested so that delivery is restricted to the defendant only.
There is a fee that you must pay the clerk if you want service by mail. Again, if you win your case, you may recover your court costs from the losing party.
If mail service is not desirable or if it proves to be unsuccessful, you may want to pay the Sheriff's' Office to attempt personal service. This means the sheriff will try to locate the defendant and deliver suit papers to him or at his home for a specific fee. If the defendant lives in another county, you can get the sheriff of that county to attempt service for you.
In the event that mail service and/or sheriff's service proves to be unsuccessful and you still want to try to serve notice on the defendant, contact the Clerk's Office about other options that might be available to you.
You should, at the time you file your small claims lawsuit, receive a notice of the date, time and place the "pretrial hearing" will be held. The pretrial hearing (sometimes called a pretrial conference) is not a final hearing or trial. The purpose of a pretrial hearing is to determine the real issues in dispute.
If the defendant fails to appear at the pretrial hearing, the court will enter a default against him, after it is shown to the judge that the suit was filed in the proper county and the defendant was legally notified. A final judgment will be entered by the court against the defendant who defaulted, if the judge feels there is sufficient evidence to show that damages claimed in the lawsuit are accurate.
If the defendant does appear at the pretrial hearing and admits he owes you the money or property, the case could be settled. If the defendant needs time to pay you and you agree to the terms, the court may enter a stipulation. The stipulation will spell out the terms and conditions for settling the case.
If the defendant appears at the pretrial hearing and denies the claim, the judge will ask him why he does not feel he owes the money or property. If the defendant does not have a valid legal defense or reason for not owing the money, the judge will tell him and a judgment could be entered against him at this point. If the defendant does appear to have a legal or factual defense, the judge will order the parties to mediation. This takes usually place at the courthouse at the time of the pretrial hearing with volunteer mediators. If the case does settle, the terms of the settlment agreement will be set out by the mediator and signed by the parties and filed. If the case does not settle at the mediation conference, the clerk will set the case for trial. The judge will need to know the number of witnesses who will testify to know how long the trial will take so that enough time will be set aside for the judge to listen to all of the witnesses. If the parties are going to testify they will need to include themselves as witnesses.
You should be present and prepared to present your case at the time and date set for your final hearing (trial). You should have with you all of the evidence you are going to present at the trial. This includes all papers and all witnesses you intend to call at trial. If you are not sure that a witness will appear for your trial you should have that witness subpoenaed. If you do not subpoena the witness and the witness does not appear at the trial, the judge will require you to have the trial without that witness. The judge will not let you come back later with more witnesses or more papers after the trial.
At the trial the judge will ask you and the defendant to tell the facts of your case and to go through all the evidence and proof, including having your witnesses testify, if you have witnesses. Then the judge will decide who wins. He may or may not ask questions of each party and the witnesses after they tell their side of the story. Generally speaking, the small claims trial is informal and the judge will simply try to get all of the facts he needs from the parties to make a decision.
There are some general suggestions on how to conduct yourself during the trial:
* First of all--be on time. If you do not show up on time and the judge has already called your case, it might be dismissed or if you are the defendant, the judge might enter a judgment against you.
* When presenting your case before the judge, stick to the issues in dispute and avoid being long-winded.
* Be polite and courteous at all times. Do not interrupt the judge, the defendant or any of the witnesses at any time. There should be no shouting or name-calling during the trial.
* If you do not understand something during the trial, ask the judge when it is your turn to speak.
* Offers to compromise or settle the dispute during the trial may be made by the defendant or suggested by the judge. Do not quickly turn down offers to settle. Think about them. Sometimes it may be in your best interest to accept a settlement.
At the end of the trial the judge will normally announce his/her decision. However, sometimes the judge will want to take additional time to review the evidence or research case law before he enters a final judgment. This is called taking the case "under advisement". When this occurs, you will receive a copy of the final judgment in the mail after the judge makes his decision.
If either party is unhappy with the court's decision, they can file a written "motion for a new hearing" with the court. This must be done within ten (10) days after the judgment is rendered. The court will rule on the motion by deciding whether or not there are grounds for a new hearing.
An unsatisfied party also has the right to appeal a judgment to the circuit court. However, it should be noted that the procedures for appealing a judgment are often very detailed and complex; therefore, an attorney should always be consulted if an appeal is contemplated.
Whats the point? You said you only made him sorry for what he did, and you dont care about the money. Small claims court is a civil trial not a criminal one. The most you could profit is 50 dollars not a cent more. Nothing bad would happen to the defendent, nothing with criminal charages. Either way, you have no proof the money ever reached him- you have no case.
Originally posted by MurtBijani Yea i admit, it was pretty stupid on my part. But I really don't care about the lost money, I care about making him say "I should not have done that" I mean, I have pretty much everything I imagine I might need...and you have to keep in mind, I knew djin for more than a year! (thought he was trustworthy for keeping a deal)
WOW not care about the 50$. Well i guess that is a typo
Tbh murt, this is uneccissary. Why are you airing your dirty laundry? To drum up some supprt? i wont support you and niether will others. You were a fool, get over it.
If you truely don't care about getting your $50 back, then I dare say the flaming and bad exposure Djin is getting here is your justice. What he did to you was wrong, and hopefully its a learning experience for you and for us all, a nice cautionary tale.
You know you morons, when you have been in the community a certian time, trust is there, add that to that a title with authority (mod, admin, etc) and you may encounter problems, personally those that are having a field day pissing on him, enjoy cause sooner or later some one will screw you over and it aint fun. We had a mod that did that in a former forum that I was a part. He was a long time member, 2 and a half years, he did some nice thing some weird things but no one really thought of it till he took someone for 100 bucks for a video card.
This is where the community stood together, and tried to help the guy out. Here I see idiots with the sensability of a rock. Ok, he know he screwed up, why bash him any further, is it to get your jollies.
Secondly, why has not mmorpg helped? The forum I was at made a lot of effort to clear up the mess to avoid tarnishing the site. I have seen one answer, nothing else.
2 steps should be done, 1)no trading or selling by staff, admins, mods etc. 2) if there is no trading, selling forum make it a stickied policy that none will be done on the site.
Comments
I found this
FALSE PRETENSES
False pretenses is the crime of deceiving owners into willingly giving up rightful possession of their property with an intent to convert the property to personal use or profit. Persons who commit false pretenses do not have any lawful right to possession or any trust relationship. They simply lie, and this is the primary actus reus of false pretenses -- a lie, some kind of actual misrepresentation of the truth. It also must be shown that the victim relied upon the misrepresentation so much that they were willing to give up their property, not just possession of it, but ownership as well. This is the difference between larceny by trick and false pretenses -- in larceny by trick, the owner just gives up possession. With false pretenses, there's usually a transfer of title, deed, or ownership.
But I can't find what chapter it's in in the Florida criminal prosecution book thing...
would be be charged in Florida or CT? and can anyone find it? I'm having a hard time..lol
I've searched google and the dc pages thing, found a couple reports by authorities, proving only to be statistics and not the actualy law. I jsut need a copy of what the law says.
Then I can compose the letter
http://www.facebook.com/murtb
Don't worry, the justice system is amazing in this country. They will answer my call.
LOL!
Look at it this way:
You paid $50 to learn an important lesson. Be glad it didn't cost more.
First off, you cannot bring this case to a real trial. You can only take this case to small claims court(no lawyer). Remember this would be a civil case, not a criminal case. No criminal charges could be filed againist Djii. You could only get the 50 dollars back- although you would lose the case. Second, it wasn't through CC, so you have no proof that he ever recieved the money. Third, whats with 50 dollars for a TV? It would cost 50 dollars just to ship the TV.
EQ2 Qeynos Guild- [url=http://www.imperium-arcanum.com]
Don't worry, the justice system is amazing in this country. They will answer my call.
rrr
double post
Djin was one of the first mods. Murt has probably known him personally on the forums longer than anyone else. Djin was never too reputable but Murt trusted him and for a guy that he has known for nearly 2 years, I don't blame him. I am really disappointed in Djin. An for everyone else that says "You are an idiot for sending money to a stranger", quiet. That point has already been discussed and revised.
-----------------
"The Job Of Art Is To Chase Away Ugliness" - Bono
"Whoever controls the media controls the mind..-'Jim Morrison"
"When decorum is repression, the only dignity free men have is to speak out." ~Abbie Hoffman
OMG I JUST MADE A REALLY EXTREMLLY LONG POST AND PUT A SMILIE ON AND THEN I REALIZED IT WAS TEH WRONG ONE AND PRESSED BACKSPACE AND IT SENT ME BACK ERASING MY POST!!!!!!!!!!!!!!!!
GARRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
--------------------------
Face of Mankind
www.fomportal.com
Best game EVER.
Even though its not out and I havent played it
Nuffsaid
Read it again. False Pretenses, according to the first line or two, would be applicable if you had, say, given Djin a T.V to sell for you and he either kept the T.V or sold it and kept the money. At least I am pretty sure that is what it means. Correct me if I am wrong.
-In memory of Laura "Taera" Genender. Passed away on Aug/13/08-
|
RISING DRAGOON ~AION US ONLINE LEGION for Elyos
-In memory of Laura "Taera" Genender. Passed away on Aug/13/08-
|
RISING DRAGOON ~AION US ONLINE LEGION for Elyos
"They will answer my call"!? lmao, you gonna shine the batman logo out above town and get him to kick Dijn ass. Yeah nice one...
Not sure if this applies to your case, but in mine, I filed suit in my county, and when the other party did not appear, the judgement was made in my behalf. Then you have the trouble of actually collecting on the judgement, but at least you will have made your point.
Bearzen
*Okay, I missed several pages of the thread... re-reading.
~ Bearzen ~
Sacred Haven - A recruiting Vanguard Guild
vanguard.sacredhaven.org
yea see, half of you guys that are saying otherwise haven't been here long enough. Atleast Kiamde understands my point
I'm just going to write him a letter, certified where he has to sign for it. Then on the letter I will give him 15 days to respond. If he does not, he's going to the small claims court.
I just need to write that letter now...
http://www.facebook.com/murtb
Small Claims is a term used to describe a procedure which simplifies the court process used for resolving civil disputes that involve relatively small amounts of money ($5,000 or less--excluding court costs, interest and/or attorney's fees, if applicable). Small Claims cases are heard in the civil division of the county court.
In Florida the special rules of procedure which are used in small claims cases are called the Small Claims Rules (S. C. R.).
The Small Claims Rules serve to make the small claims court process simpler, speedier and more informal than the regular civil court process. These rules are published in the Florida Rules of Court and the Florida Statutes Annotated. These publications can usually be found at any public library or law library. If you are not familiar with the Small Claims Rules, you should read them for your own information prior to going through the small claims process.
A basic goal of the small claims process is to enable any person or business to resolve their small civil disputes through the court system without having to go through formal and complex court procedures.
Who May Sue In Small Claims?
Any person eighteen (18) years of age or older may file a small claims lawsuit. A person under eighteen years old may also sue in small claims, but only if his parent(s) or guardian files the suit for him. A business, whether owned by an individual, a partnership or a corporation, may also file a lawsuit in small claims.
When To Use The Small Claims Process?
If someone owes you money, and will not pay you or has your property and will not return it, you may be able to resolve the problem by taking your case to small claims. However, it is recommended that prior to considering filing a small claims suit, you should try to talk with the other person or send him a letter to attempt to reach a solution to your dispute. If your attempts to reach a satisfactory settlement with a person owing you money or property fail, then you should consider going to small claims.
* Do I have a valid legal claim against the other party?
* Do I have, or can I get, the necessary evidence I need to prove my claim in court?
* Is the amount of money or property in dispute $5,000 or less? (i.e., Is the small claims court the proper court to sue in?)
* Do I know the correct legal name and address of the other party?
If the answers to the above questions are all "yes", then you probably have a good basis for filing a small claims lawsuit.
An attorney could advise you on the validity of your claim as well as on what evidence you will need to prove your claim. Therefore, if you feel it is necessary to use an attorney, contact one. In most case you may ask the court to include the attorney's fees in the amount of the judgment if you win the case. You should ask the attorney about this also. If you want to talk with an attorney but do not know one, you should contact the local bar association of The Florida Bar's free lawyer referral service at their toll free number 800-342-8011 for information. If you want an attorney but cannot afford one, call the local Legal Aid Service to see if you might qualify for free legal service.
Where To File Your Case
If you feel you are prepared to file a lawsuit, you should go to or contact the Clerk of Court in any one of the following counties:
* the county where the dispute or event which gave rise to the lawsuit (called the cause of action); or
* the county where the property in dispute is located; or
* if the case involves a secured promissory note, the county where the payment is received.
If you do not file your lawsuit in one of these counties, the defendant could request the court to move the trial (called change of venue) to one of the appropriate counties. If the defendant does request a change of venue, a judge would decide whether or not to allow the trial to be moved.
If you have any special problems in deciding which county is appropriate, contact the Clerk's Office for assistance.
How To File Your Small Claims Suit
All lawsuits are begun by filling out a complaint form, called a "Statement of Claim", at the clerk's office. The clerk, at your request, will assist you in preparing the Statement of Claim and any other documents which you may be required to file to start the lawsuit. On the Statement of Claim you have to provide information in a clear and concise way concerning what the case is all about and how much you are suing for.
At the time you file the Statement of Claim form you must have the proper name and address of the party you are suing. Additionally, if the claim is based upon a written document(s) (such as a promissory note, sales contract, lease, repair bill, etc.), you must have copies of it to attach to the Statement of Claim.
You will have to pay the court clerk a filing fee when you file the lawsuit. The amount of the filing fee is based upon the amount of your lawsuit.
Procedures
After you have completed the Statement of Claim form, the next step is to have the defendant officially notified that a lawsuit has been filed against him. This notification procedure is called "Service of Process". The Statement of Claim is attached to a "Notice to Appear" form (a summons) and these papers are sent to the defendant. This can be accomplished in one of two ways.
One method of service of process is by mail. you can have the clerk send the lawsuit papers to the defendant by registered mail with a return receipt requested so that delivery is restricted to the defendant only.
There is a fee that you must pay the clerk if you want service by mail. Again, if you win your case, you may recover your court costs from the losing party.
If mail service is not desirable or if it proves to be unsuccessful, you may want to pay the Sheriff's' Office to attempt personal service. This means the sheriff will try to locate the defendant and deliver suit papers to him or at his home for a specific fee. If the defendant lives in another county, you can get the sheriff of that county to attempt service for you.
In the event that mail service and/or sheriff's service proves to be unsuccessful and you still want to try to serve notice on the defendant, contact the Clerk's Office about other options that might be available to you.
Notice To Appear
You should, at the time you file your small claims lawsuit, receive a notice of the date, time and place the "pretrial hearing" will be held. The pretrial hearing (sometimes called a pretrial conference) is not a final hearing or trial. The purpose of a pretrial hearing is to determine the real issues in dispute.
If the defendant fails to appear at the pretrial hearing, the court will enter a default against him, after it is shown to the judge that the suit was filed in the proper county and the defendant was legally notified. A final judgment will be entered by the court against the defendant who defaulted, if the judge feels there is sufficient evidence to show that damages claimed in the lawsuit are accurate.
If the defendant does appear at the pretrial hearing and admits he owes you the money or property, the case could be settled. If the defendant needs time to pay you and you agree to the terms, the court may enter a stipulation. The stipulation will spell out the terms and conditions for settling the case.
If the defendant appears at the pretrial hearing and denies the claim, the judge will ask him why he does not feel he owes the money or property. If the defendant does not have a valid legal defense or reason for not owing the money, the judge will tell him and a judgment could be entered against him at this point. If the defendant does appear to have a legal or factual defense, the judge will order the parties to mediation. This takes usually place at the courthouse at the time of the pretrial hearing with volunteer mediators. If the case does settle, the terms of the settlment agreement will be set out by the mediator and signed by the parties and filed. If the case does not settle at the mediation conference, the clerk will set the case for trial. The judge will need to know the number of witnesses who will testify to know how long the trial will take so that enough time will be set aside for the judge to listen to all of the witnesses. If the parties are going to testify they will need to include themselves as witnesses.
What Will Happen At The Trial
You should be present and prepared to present your case at the time and date set for your final hearing (trial). You should have with you all of the evidence you are going to present at the trial. This includes all papers and all witnesses you intend to call at trial. If you are not sure that a witness will appear for your trial you should have that witness subpoenaed. If you do not subpoena the witness and the witness does not appear at the trial, the judge will require you to have the trial without that witness. The judge will not let you come back later with more witnesses or more papers after the trial.
At the trial the judge will ask you and the defendant to tell the facts of your case and to go through all the evidence and proof, including having your witnesses testify, if you have witnesses. Then the judge will decide who wins. He may or may not ask questions of each party and the witnesses after they tell their side of the story. Generally speaking, the small claims trial is informal and the judge will simply try to get all of the facts he needs from the parties to make a decision.
There are some general suggestions on how to conduct yourself during the trial:
* When presenting your case before the judge, stick to the issues in dispute and avoid being long-winded.
* Be polite and courteous at all times. Do not interrupt the judge, the defendant or any of the witnesses at any time. There should be no shouting or name-calling during the trial.
* If you do not understand something during the trial, ask the judge when it is your turn to speak.
* Offers to compromise or settle the dispute during the trial may be made by the defendant or suggested by the judge. Do not quickly turn down offers to settle. Think about them. Sometimes it may be in your best interest to accept a settlement.
At the end of the trial the judge will normally announce his/her decision. However, sometimes the judge will want to take additional time to review the evidence or research case law before he enters a final judgment. This is called taking the case "under advisement". When this occurs, you will receive a copy of the final judgment in the mail after the judge makes his decision.
If either party is unhappy with the court's decision, they can file a written "motion for a new hearing" with the court. This must be done within ten (10) days after the judgment is rendered. The court will rule on the motion by deciding whether or not there are grounds for a new hearing.
An unsatisfied party also has the right to appeal a judgment to the circuit court. However, it should be noted that the procedures for appealing a judgment are often very detailed and complex; therefore, an attorney should always be consulted if an appeal is contemplated.
Conclusion
Along with all of the specific information, guidelines and suggestions presented in this handbook, two general themes were intended:
* Know your limitations so that you do not get in over your head, and above all
* Use good, sound judgment
Well I'd file it soon, but it says it has to be filed where the defendant lives
that's half way across the country! there must be some exception for this...
http://www.facebook.com/murtb
Whats the point? You said you only made him sorry for what he did, and you dont care about the money. Small claims court is a civil trial not a criminal one. The most you could profit is 50 dollars not a cent more. Nothing bad would happen to the defendent, nothing with criminal charages. Either way, you have no proof the money ever reached him- you have no case.
EQ2 Qeynos Guild- http://www.imperium-arcanum.com
Tbh murt, this is uneccissary. Why are you airing your dirty laundry? To drum up some supprt? i wont support you and niether will others. You were a fool, get over it.
You know you morons, when you have been in the community a certian time, trust is there, add that to that a title with authority (mod, admin, etc) and you may encounter problems, personally those that are having a field day pissing on him, enjoy cause sooner or later some one will screw you over and it aint fun. We had a mod that did that in a former forum that I was a part. He was a long time member, 2 and a half years, he did some nice thing some weird things but no one really thought of it till he took someone for 100 bucks for a video card.
This is where the community stood together, and tried to help the guy out. Here I see idiots with the sensability of a rock. Ok, he know he screwed up, why bash him any further, is it to get your jollies.
Secondly, why has not mmorpg helped? The forum I was at made a lot of effort to clear up the mess to avoid tarnishing the site. I have seen one answer, nothing else.
2 steps should be done, 1)no trading or selling by staff, admins, mods etc. 2) if there is no trading, selling forum make it a stickied policy that none will be done on the site.