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    mariasuarez's Avatar
    mariasuarez Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 2, 2006, 01:07 PM
    Small Claim - Day Care
    I filed a small claim because one of my customers didn't pay me. I have the documents but I need to know what to do now, Do I have to give it personally to the defendant? I don't think she will receive it from me, she doesn't take my calls and she has been hiding, could you please let me know what should I do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Nov 2, 2006, 01:39 PM
    Ask the court. If the documents are the summons to appear, then you have to make an official attempt to serve them. The court clerk should tell you what that is. If you have been awarded a judgement, the court should take care of serving them. Now you have to find their assets to attach.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #3

    Nov 2, 2006, 07:32 PM
    If you filed the claim then the court will deliver it to her, usually by both certified and regular mail, at whatever address you reported on the paperwork when you filed the claim. Actually, part of the filing fee you paid was to cover the cost of postage (certified mail is expensive!) for the court to mail her the notice. If she doesn't appear in court the judge will likely rule in your favor by default. Of course, actually collecting from her will be another matter altogether. Just how much does she owe you? You say she is "hiding" ; it's hard to believe that she'd run and hide over a day care bill. I think there may be some other things going on with this person as well.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 3, 2006, 06:41 AM
    Hello maria:

    Here, where I live, you must serve the summons yourself (well not exactly, because YOU can't serve it personally), but you are responsible for getting it served. You can hire a process server. They probably have a list of them at the courthouse. But, the clerk of court ought to tell you if the jurisdiction you live in requires you to serve the defendant or the court will.

    excon

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