What is the name of your state?What is the name of your state? FL
Hi I was involved in an accident almost 1year ago. I filed in small claims back in April of this year. After the defendant filed a motion for continuance and we finally gotten to Pre-trial hearing, she "agreed" to a stipulated judgement of settlement. The terms was a reasonable 200dollars a month for 6 months starting July 1-2005 to pay off the damages. Will she failed to honor that agreement. Now after the defendant has talked to various lawyers and drag her feet thru the proccess, I have to re-ask the court for trial date to procceed to trial to submit my evidence aganist her in front of the judge.
I have 3 questions for anybody that has went thru this in Florida;
1> are accident reports conducted by my local sheriff dept allowed as evidence in a small claims court? She made a incriminating statement that "she wasn't aware of the color of the traffic signal when she slammed into my car". That's statement was made to the Officer conducting the report and written in the report. No citation was issued to either of us. If reports are not readily admissible , what can I do to make it amissible?
2> Can the officer who handle the report, be subpeona to testify in these matters?
3> what's the best way to procceed in this matter? Can I use the defendant lack of following the stipulation of settling this matter aganist her and her changing of her mind and her non compliance in following the terms? My thoughts on this issue are; she admit fault when she agreed "at one time" to settle outside of trial. if she felt that she was liable, she would never have agreed to settle.
Any help or insight in this matter would be nice. Her insurance company ( allstate ) don't want to hold her liable due to NO citation issued and based on here say, her statement to her insurance 72hours after the accident and after she had time to think about it, was that the light was green changing to yellow when she blasted thru the insection slamming into my vehicle bumper.
help!
Hi I was involved in an accident almost 1year ago. I filed in small claims back in April of this year. After the defendant filed a motion for continuance and we finally gotten to Pre-trial hearing, she "agreed" to a stipulated judgement of settlement. The terms was a reasonable 200dollars a month for 6 months starting July 1-2005 to pay off the damages. Will she failed to honor that agreement. Now after the defendant has talked to various lawyers and drag her feet thru the proccess, I have to re-ask the court for trial date to procceed to trial to submit my evidence aganist her in front of the judge.
I have 3 questions for anybody that has went thru this in Florida;
1> are accident reports conducted by my local sheriff dept allowed as evidence in a small claims court? She made a incriminating statement that "she wasn't aware of the color of the traffic signal when she slammed into my car". That's statement was made to the Officer conducting the report and written in the report. No citation was issued to either of us. If reports are not readily admissible , what can I do to make it amissible?
2> Can the officer who handle the report, be subpeona to testify in these matters?
3> what's the best way to procceed in this matter? Can I use the defendant lack of following the stipulation of settling this matter aganist her and her changing of her mind and her non compliance in following the terms? My thoughts on this issue are; she admit fault when she agreed "at one time" to settle outside of trial. if she felt that she was liable, she would never have agreed to settle.
Any help or insight in this matter would be nice. Her insurance company ( allstate ) don't want to hold her liable due to NO citation issued and based on here say, her statement to her insurance 72hours after the accident and after she had time to think about it, was that the light was green changing to yellow when she blasted thru the insection slamming into my vehicle bumper.
help!