C
crazylori
Guest
What is the name of your state? Maine
I took a man to small claims in February. He did not show up, so judgment was rendered to me by default and he was ordered to pay in 30 days. I did not receive payment, so I set up a disclosure hearing. He again failed to appear, so I had the judge issue a civil order of arrest. The deputy went to his house time and time again, but the defendant kept hiding. Finally when the deputy found him, a time was set up for us to all meet at the court to try to settle this matter. We met at the court (the only reason the defendant showed up is because he had a court appt. because he was taking someone to small claims himself) We could not agree, as the defendant claimed that he had never received anything about the small claims suit, which is untrue because he signed for a certified letter that I sent him. So we got a court date for the judge to hear us, and in the meantime he filed a motion to set aside judgment. When the court date came up, he AGAIN failed to appear, so the judge automatically denied his motion to set aside judgment. However, the judge took a recess and reviewed my case and ordered another civil order of arrest. My issue is that it is obvious that the defendant will again hide and not answer the door. I am spending money and nothing is being resolved!!! The court clerk said that there are legal things that could be done and that I should contact a lawyer. However, where this is only small claims, most lawyers are not interested. To me this should now be considered criminal and not just civil since has has failed to appear three times, but unfortunately that is not how the law works. Is there anything else that I can do? What about trying to get him for contempt of court???? I would like my money back from this creep, but the law/court is not helping.
I took a man to small claims in February. He did not show up, so judgment was rendered to me by default and he was ordered to pay in 30 days. I did not receive payment, so I set up a disclosure hearing. He again failed to appear, so I had the judge issue a civil order of arrest. The deputy went to his house time and time again, but the defendant kept hiding. Finally when the deputy found him, a time was set up for us to all meet at the court to try to settle this matter. We met at the court (the only reason the defendant showed up is because he had a court appt. because he was taking someone to small claims himself) We could not agree, as the defendant claimed that he had never received anything about the small claims suit, which is untrue because he signed for a certified letter that I sent him. So we got a court date for the judge to hear us, and in the meantime he filed a motion to set aside judgment. When the court date came up, he AGAIN failed to appear, so the judge automatically denied his motion to set aside judgment. However, the judge took a recess and reviewed my case and ordered another civil order of arrest. My issue is that it is obvious that the defendant will again hide and not answer the door. I am spending money and nothing is being resolved!!! The court clerk said that there are legal things that could be done and that I should contact a lawyer. However, where this is only small claims, most lawyers are not interested. To me this should now be considered criminal and not just civil since has has failed to appear three times, but unfortunately that is not how the law works. Is there anything else that I can do? What about trying to get him for contempt of court???? I would like my money back from this creep, but the law/court is not helping.