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No Lawyer Required – Small Claims Court

Your best friend, or someone you thought of as a friend, asked you for a loan of $2,500.00. You had the money, and you liked the guy, so you said okay. Two months have passed, and he bought a new house. You know he’s not hurting. You called him after you heard about the house and asked when he was going to pay you back. He said he had huge expenses now because of the new house. He said soon. Two weeks later you called again. Again he said soon. You just put the phone down. You’re tired of calling. He said soon again. What to do next?

This situation sounds like a case for small claims court. Here’s what you need to do:

1. Letter

Write your friend a letter. Tell him that he has two weeks to pay you back. Tell him you want to resolve his payment to you in a friendly manner, but if you do not receive a check within two weeks, you will see him in small claims court.

We’re hoping that the letter resolves the non-payment problem. If it does not, you’ll have to continue to step two.

2. File a claim

Go to your local small claims court and complete the forms. You can probably download the forms from your county’s small claims website. Submit the forms to the small claims court. The court will schedule a hearing.

3. Service of process

Your friend has become the defendant. He must be served at least 15 days before the hearing date if the defendant lives in San Francisco county. If the defendant does not live in the county, s/he must be served at least 20 days before the hearing date. A capable adult must serve a true copy of the claim. You cannot serve the defendant.

4. Evidence

You next gather all evidence to submit at the hearing. Evidence would include a copy of the cancelled check that you gave your friend and dates and notes of all phone calls that you made to him. You may want to take a photo of his new house.

5. At the hearing

Small claims courts are generally much more informal that other courts. The judge will ask you questions, and then s/he’ll ask your friend, the defendant, questions.

If you have presented the situation with evidence, the judge will probably rule in your favor.

You’ve won your case, and your friend is now going to pay you back, but suppose he doesn’t. Suppose he is a real jerk and has decided that he wants you to have to work just a little harder to get your money back.

6. Collecting a judgment

You have to collect the judgment. The defendant may pay the amount directly to the court. If the defendant does not have the money, the defendant may have to pay installments.

If your friend refuses to pay, you can complete an Application and Order for Appearance and Examination which would require your friend to appear in small claims court to have his income and resources examined.

You could also consider wage garnishment by completing a Writ of Execution. This writ could also levy your friend’s checking or other bank account.

If your friend has a business with a cash register, a sheriff can go to the business for a till tap. The sheriff can take enough money from the cash register to pay the judgment debt. The typical sheriff’s fee for a till tap is $85.00. We hope your friend doesn’t put you in this situation, but if you are ever in this situation, the purpose of small claims courts is to resolve small problems without the expense of an attorney. This is the do it yourself legal remedy.

Disclaimer: This article is not to be considered legal advice. If you need legal advice, seek out a licensed attorney. Remember that small claims courts do not require an attorney. If, however, the losing defendant appeals the small claims court’s decision, the new venue is a superior court. In a superior court, you will need an attorney.

Prevent Lawyer Burn Out Syndrome Through Meditation

As an attorney who practiced in several fields of law in Florida and had my own Law Firm, I know that the law is an unforgiving profession and that the burn out syndrome is right around the corner for many of us.

Being a lawyer requires a commitment of tireless dedication and perfection. Society places a standard of extremely high expectations on lawyers, which in turn feeds our innate tendency to be perfectionists and competitive people. It’s that combination of our tendency to be perfectionists, society’s expectations, and the daily grind with clients, deadlines, judges, and staff that can catapult just about anyone into incredible amounts of stress, feelings of helplessness and depression. It’s no wonder that so many lawyers suffer from burnout syndrome!

It’s easy to see why the field of law has such a high percentage of drug and alcohol users who likely use these substances to shield themselves from their daily stress levels.

The amount of dedication necessary to succeed in this profession has led many lawyers to getting burned out and not performing at their highest efficiency levels. It also affects their social interactions with their staff, clients, judges, friends, and family members. I personally know more divorced lawyers than I would like to admit.

It really is a shame because we just never learned how to balance our professional lives with our personal lives. For some reason, they just never taught us that in school. As a result, we bring the stress in the workplace with us in our briefcase to open it up at home and continue experiencing it instead of focusing on our family during the few waking hours that we are at home and away from the office!

The good news is there is a solution to this problem… and the solution is free.

Don’t worry; it does not require health insurance, medicine, seeing a psychologist, or even leaving your house or office for that matter. It’s simple and it works; its meditation. Meditation is not a religion, it is not hypnosis, and it does not require you to be part of any sort of religion or culture or religious at all.

Take a moment and discover how meditation can help you prevent lawyer burn out syndrome, enable you to enjoy your profession, become more efficient at work, more emotionally and mentally present at home, and just happier in general.

Child Molester Registration and Lawyers

Child Molesters are a dangerous problem for any community. These predators threaten our civilization and our family’s security. Child Molesters once they leave prison are required to register as sex offenders to alert communities of potential future problems. This also serves to alert parents of problematic areas so they can protect their own children. Just like child molesters and sex predators are required to register, we should make Lawyers register also. Lawyers threaten our communities and towns. It is imperative we know where they live so when we all have decided we’ve had too much, we can round them all up. I believe that the great Caesar would agree and we need to take such advice to protect our civilization from collapse.

Each and every Lawyer upon finishing law school and passing the bar will be required to register on a list as a “PC Offender” or we could simply have them register on the same list as the Sex Offenders. For instance the sex offenders and child molesters would be registered as “CM” for child molester, “SO” for sex offender and “FL” for friggin Lawyer.” This would solve many problems, as it would warn everyone in the community that a predator of the common good is a foot, this way people and volunteers could keep a watchful eye on all their activities, bogus case filings and out right thievery. Lawyers are known to over bill their clients like in Whitewater, as this is common practice.

Most all of our nation’s problems can be traced back to lawyers. I challenge anyone to come up with even one problem, which cannot be attributed to lawyers. In addition these folks are above the law, which they have hi-jacked for their own self-serving desires. By keeping a list of these lawyers and cross-referencing that list we will be able to monitor their activities and profile the 90% of all lawyers who are dishonest, crooked and parasitical. I have already been working on a schematic of an XML database, which can hold all the current attorneys in the country. One problem I have already discovered is that these lawyers often hide their identities and use fake names. They also attempt to hide assets, cheat on their taxes and remain obscure in their dealings, often hiding behind multiple partial identities. If they were required to be put on a FL sex offender list with real data we could track them. I believe that we should also “Chip” them so we know where they go and whom they meet with. As the International Terrorists plot to kill our peoples and destroy our economy the lawyers in America are doing the exact same thing. Hundreds of thousands of them like parasites attacking the fiber of our great civilization.

Until we track them and understand just how these lawyers operate and how their network is destroying our nation we cannot defend ourselves against their abuses to the system. I propose “Chipping” all lawyers and making them register as FL offenders. All government lawyers and specifically any politician who is a lawyer will need to submit to drug tests, lie detector test and complete background checks in addition to these other requirements.

By using the Child Molester and Sex Offender Lists as a model we can and will protect our society and the future of our civilization from Terrorist Lawyers who threaten to destroy all we are and all we have built in this great nation. Think about this.