Is it possible to file a false claim in small claims court and get free money?
Topic: Simple small business plan free
May 21, 2019 / By Lucy Question:
I have always heard that if you file against someone for money owed in small claims court, and the defendant doesn't show up, then the plaintiff automatically wins a default judgment since the defendant isn't there to defend himself.
Is that true, or is it an urban myth? Could these things happen?
1. Fred hates Bob, so Fred invents a story on how Bob owes him $500 dollars. Fred files this false claim in small claims court, and sets the court for a date he knows Bob will be unable to show up to defend himself. Fred wins a default judgment due to Bob's no show.
2. Fred files a false claim against Walmart for say, $200 dollars. He comes up with a story on how walmart owes him that money, such as a disputed cell phone plan, or maybe walmart didn't fulfill their end of a return policy or something. And it's incredibly unlikely that a multi-billion dollar corporation is going to send someone to small claims court to dispute a $200 dollar claim. And Fred, again, wins a default judgment because the defendant doesn't show to defend themselves.
Could fraud happen this way?
Best Answers: Is it possible to file a false claim in small claims court and get free money?
Kayla | 4 days ago
In regard to Wal-Mart or any other large businesses, yes they do answer simple small claims complaints
The reason, they have lawyer on call in each state, and if you file a frivolous lawsuit against a Corp. Not only will they answer the complaint, they will also request reasonable attorney fees to fight such a complaint
So in the end not only will you not have a judgment, most likely the court will awarded reasonable attorney fees to the other side, meaning you could leave court with a judgment against you for 500 to 750 bucks, so that’s why the answer small claims complaints
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Originally Answered: Where to file claim for small claims court?
First report the theft with your local police agency. They should be able to give you information on pursuing charges as well. If they can not then you can contact an attorney in your counties prosecutor / states attorney office.
Contact your county clerks office regarding filing a claim. In many cases they can proceed with a claim but you still may not be able to recoup your money.
Fraud happens often.........but to tell the truth (and shame the devil) the scenarios you pose, above, are mighty unrealistic... Will you be prepared to be the various fees with confidence that Walmart will not come to court.....?
The costs associated with bringing a small claims suit vary by state, but usually break down into several distinct areas. A filing fee is due when the original claim is filed with the court and covers the initial processing that gets the claim on the docket and schedules a hearing. Whether or not assessed by the court, there will usually be fees associated with copying the court documents and serving the defendant with the required papers informing them of the claim and the hearing date. In many cases, an individual can hire a private process server or sheriff to perform this task. Depending on how the suit progresses, other court costs may become relevant, including, in the worst case, contempt of court or other disciplinary fees assessed as a result of poor behavior in the courtroom.
It would be better for you to study Constitutional Law....
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and what are you going to do when fred and walmart do show up in court? you have no proof and you'll probably be arrested. you have to sign the court papers, you swear under penalty of perjury your claim is true and correct. if you really think you can get away with something like that go for it, you'll be sorry.
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I`m not sure about the wallmart one... but I`ve heard someone filed God, and teh claimer won cause god didnt show up....
I guess people in the USA can sew for everything... but here , in Romania, if you tell the director of the supermarket taht u will sew the company... he will just laugh in your face and replace your product...
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Originally Answered: How do we prove that they owe us the money in small claims court?
The screen shot with witnesses IN COURT should pretty well make the case. Also be prepared to prove that parrots cost. A lavish gift without a special occasion to a casual friend is pretty hard to explain in court.
Be careful with the recording. Depending on your state it may; be legal, be illegal and non-admissible, or illegal and prosecutable. Some states illegally recording conversations is kind of a big deal. Email is always a good source though.
I also want to point out that the friend who had the conversation has to be there because your version is hearsay and won't be considered.