Posts: 85
Threads: 10
Joined: May 2014
Does anyone have any experience with small claims court proceedings?
We thought that at the court hearing the Judge would make a ruling on the spot, but instead he has given the Plaintiff time to respond to the defendant's motion to dismiss the case for failure to state a claim and then given the defendant time to reply to the Plaintiff's response and scheduled a 2nd hearing shortly thereafter.
Is this the usual way small claims are handled in Hawai'i? Seems a lot of court time = taxpayers money for trivial claims.
Lokahi
Posts: 11,028
Threads: 751
Joined: Sep 2012
My one experience with Hawaii small claims court:
Renter owed me money, he requested that I take it out of his security deposit. I said OK.
Renter discovered the lease agreement did not specify the security deposit could be used to pay for his debt to me.
Renter took me to small claims court to get security depo money back.
Renter and I presented our cases to (bored) judge. Judge asked us to go into hallway outside the courtroom and try to work it out ourselves.
We could not agree. Judge agreed renter owed me money (I had written proof) but that this case only concerned the proper use of the security deposit.
Judge ruled in favor of renter, and told me to file another case to get my money back from the renter if I wanted to.
It's... a point of law.
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
Posts: 85
Threads: 10
Joined: May 2014
Thanks, HOTPE, hope you finally got your money when, in case you did, took your renter to small claims with your written proof.
But you confirm what we thought, small claim gets solved on the spot. Guess the case I described will go into a 2nd hearing because the defendant showed up with a lawyer, that rather seems to prolong things than speed them up.
Lokahi
Posts: 349
Threads: 11
Joined: Sep 2006
quote:
Originally posted by lo-ka-hi
Thanks, HOTPE, hope you finally got your money when, in case you did, took your renter to small claims with your written proof.
But you confirm what we thought, small claim gets solved on the spot. Guess the case I described will go into a 2nd hearing because the defendant showed up with a lawyer, that rather seems to prolong things than speed them up.
You might want to reexamine your claim. That answer and motion to dismiss sounds like an attorney who's playing you and could get it dismissed, causing you to start over if the way you've worded it can be viewed as such: "Federal Rule of Civil Procedure 12(b)(6) “for failure to state a claim for which relief can be granted.”.
That's a tricky statement used by countless attorneys to dump a case when he/she knows you're not getting assistance. And you only get 1 chance to get it right unless, you're prepared and the judge allows you to file a modified claim. Most small claims do not have attorneys and so, cases are heard without representation or objection, unless ya know some tricks.
Posts: 7,734
Threads: 686
Joined: Jun 2011
Everything I learned from watching Judge Judy was a lie!
Posts: 85
Threads: 10
Joined: May 2014
Thanks Jeff, we are actually among the defendants who are all represented by a lawyer because it appeared feasible to get one since the plaintiff sued a whole bunch of neighbors in one swoop. Unfortunately the dumping didn't work immediately in these cases because round 2 is on giving the plaintiff the opportunity to reply to the defense's "motion to dismiss for failure to state a claim for which relief can be granted".
We are trying to find out whether this cases might all have gotten dismissed right away had we not gotten legal representation.
Lokahi
Posts: 349
Threads: 11
Joined: Sep 2006
quote:
Originally posted by lo-ka-hi
Thanks Jeff, we are actually among the defendants
We are trying to find out whether this cases might all have gotten dismissed right away had we not gotten legal representation.
Yes of course, I flipped the defendant and plaintiffs around. And as far as, whether you'd be done if ya didn't have an attorney, obviously, whatever the action, you felt threatened enough to seek assistance. You're attorney may have put in the response that'll cause the plaintiff to reconsider and fail to show. idk but, if you didn't do anything, (off topic, personal) and the Plaintiff doesn't get an attorney too, or tries to sue on hearsay without one, then odds are, it'll be dropped or dismissed.
And terracore, Judge Judy? LOL. whether as an entertainment or hearing, Judy does cut to the chase.
Posts: 85
Threads: 10
Joined: May 2014
No way in hell will the plaintiff reconsider or not show, litigation is his hobby.
Gotta start watching Judge Judy…
Lokahi
Posts: 349
Threads: 11
Joined: Sep 2006
quote:
Originally posted by lo-ka-hi
litigation is his hobby.
Oh Geez, one of those, lol, I knew a guy and dam he dragged a few cites around for freakin years for virtually nothing important. Ya wouldn't want to dance wi him in small claims either cause, right or wrong he'd file an answer or extension for-EVER! [grin]
Yet one of his biggest litigations was whether he had to have a driver's license.. for about 5 years he'd gone round and round with a small town over the issue until, I made the point. He was also a super cheap tight-wad and freeloader where he could, thinking himself a super economist so, I approached his 'economical' angle and tossed it in his face; over a few weeks, when the opportunity arose, for all the effort, time and gas or rides, just a few bucks he'd solved his problem and about month later, he got one. {reformed} lol
|
