If you need to file civil court forms and documents in the NSW Local, District or Supreme Court, you can do this online via the Online Registry website. Alternatively, you can mail your documentation, or visit a court registry and deliver it in person.
Can I sue my employer in small claims court?
You can sue your employer in small claims court for unpaid wages if the amount is less than $5,000. You do not have to give your employer any more time beyond the date on which you and other employee were paid; that is regular pay...
What happens if you win in small claims court and they don t pay?
If you lose a small claims case and are ordered to pay money to the winning side, you become a judgment debtor. The court will not collect the money for your creditor (the person you owe money to), but if you do not pay voluntarily, the creditor can use different enforcement tools to get you to pay the judgment.
What happens if you sue someone and lose?
If you sue and lose, and if the defense files a motion with the court to award them costs after the case is over, it is up to the judge to award costs or not. If the court awards them damages including the legal fees, then yes, you have to pay it.
Can someone sue you for money they gave you?
Anyone can file suit. However, not all claims are viable. In the absence of a written agreement to repay, coupled with your claim that you are in possession of a writing indicating the monies were a gift, he will have a significant hurdle to sue you...
Is it worth going to small claims court for $1000?
It's called small claims court, but it can be a big relief if somebody owes you and you haven't gotten satisfaction any other way. Some states limit small claims to $1,000 and others allow claims up to $5,000. If your dispute is for slightly more than the limit, it may still be worth it to file a small claims suit.
Can I call the cops on someone who owes me money?
The quick answer is no, you can't go to the police if someone owes you money. Unless there's a risk of violence or public disruption associated with your personal debt, the police will not get involved. You should never call 911 or an emergency police number to complain about civil matters such as a debt.
Is it worth suing someone with no money?
Unfortunately, there is no good answer—if someone has little income and few assets, they are effectively “judgment proof” and even if you win against them in court, you effectively lose: you spent the time and money to sue and receive nothing in return. Someone who has no assets now may have assets later.
What if someone sues me and I have no money?
The lawsuit is not based on whether you can pay—it is based on whether you owe the specific debt amount to that particular plaintiff. Even if you have no money, the court can decide: the creditor has won the lawsuit, and, you still owe that sum of money to that person or company.
What happens if you lose a civil lawsuit?
If you lose a civil case and are ordered to pay money to the winning side, you become a judgment debtor. The court will not collect the money for your creditor, but if you do not pay voluntarily, the creditor (the person you owe money to) can use different enforcement tools to get you to pay the judgment.
How many attempts are made to serve papers?
Do I have to answer the door for a process server?
If you're being served papers, you do not have to answer the door legally. You can call the police if the process server is trespassing and this is not legal in your state. You should know that even if you do not open the door, this does not mean you can hide from or evade the lawsuit.
Can u go to jail for missing civil court?
You cannot be arrested for failing to appear in court for a civil matter like this. There may be defenses to a garnishment.
Can you go to jail for not appearing in small claims court?
You use the term "small claims", if this matter is still in small claims, no you won't go to jail. If they already have a judgment and are having you appear for supplemental proceedings a warrant could be issued for your arrest if you don't appear.
What happens if I can't make it to court?
If you miss a court date and a lawyer or agent does not attend for you, the judge or justice of the peace will likely order a bench warrant for your arrest. With this type of warrant, the court adjourns your case without ordering a bench warrant for your arrest. They will set a new date for your case.
On what grounds can a civil case be dismissed?
There are many reasons for a court to dismiss a case, both procedural and substantive. FRCP 12 provides the list of grounds for dismissal in federal court, which includes a lack of jurisdiction, improper service of process, failure to join a party, and a plaintiff's failure to state a claim for relief.
How do most civil cases end?
Most civil cases are settled by mutual agreement between the parties. Part of a dispute can be settled, with the remaining issues left to be resolved by the judge or jury. Criminal cases are not settled by the parties in quite the same way civil cases are. However, not every case goes to trial.
Can a judge refuse to hear a motion?
Motions must be made in writing and they must follow certain criteria, including things like notice requirements. If the Motions do not meet procedural requirements, then the clerk may refuse to file them or the Judge may refuse to hear them.
Can a judge throw out a case before trial?
This is simply not the case. In fact, the only way a judge can throw out a case (specifically a criminal case, not a civil traffic infraction) is under a few limited circumstances. The judge certainly won't look at the evidence to determine if the state has enough to move forward.
Is it OK to call a judge Sir?
In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.”
Is it better to settle or go to trial?
Settlements are typically faster, more efficient, cost less, and less stressful than a trial. Con: When you accept a settlement, there is a chance that you will receive less money than if you were to go to court. Your attorney will help you decide if going to trial is worth the additional time and costs.
Can my lawyer get my charges dropped?
The first way your attorney can get the charges against you to be reduced is by having them dropped or dismissed. Even if your attorney can't have the charges against you dropped or dismissed, he or she may be able to have them reduced. One of the most common ways this is done is through a plea deal.
Can a victim ask for charges to be dropped?
You may be wondering whether you, the victim, have the authority to drop domestic violence charges. The answer is no. Once the prosecutor's office has issued a domestic violence charge, the victim has no authority to drop the charges. Most people believe that victims of crime issue the charges.
Can police press charges if victim doesn't want to?
In recent years, the law enforcement community has begun to take domestic abuse allegations more seriously, and many prosecutors now bring and prosecute domestic abuse charges even if the victim doesn't want to pursue the case. The prosecutor views the suspect as a good person.
How do I convince my DA to drop charges?
If you want to ask the prosecutor to do so, you fill out an “affidavit of non-prosecution,” or “ANP” for short. You sign this document under oath, citing the reasons you do not want the case to be prosecuted. However, there can be some complications in this matter.
Why do domestic violence cases get dismissed?
The prosecutor has the power to dismiss cases. Because it's not the victim who presses the charge, the victim does not get to drop the charge. The prosecutor will dismiss a criminal charge if they do not believe the it can be proven in trial. They will do this over the alleged victim's objection.
Can the DA dismiss a case?
Before your case ever goes to trial, the district attorney (DA) must decide whether or not there is sufficient evidence to show you committed the crime. If that fails, your lawyer can file a motion to dismiss with the court, and the judge will decide whether or not there is enough proof of your guilt to proceed.
Can police drop charges before court?
Besides being responsible for deciding whether or not to press charges against a suspect, the prosecution can decide to drop charges any time after criminal proceedings have commenced.