Any Tips for Filing a Minor Civil Claim?

dTer on 04/02/2019 - 12:25
Last edited 04/02/2019 - 12:26

I won't go into the specifics, but I'll be filing a minor civil claim in a few days.

I'm wondering if anyone here has done so, and how the process was for you, plus some tips to make my life easier.

The amount is around $1000, plus service and filing fees that I will be claiming.

I'm 21, so this is a bit intimidating for me, as the defendant is about 60 y/o and I know that they are quite rich.

I've spoken to free legal aid, and it cleared up the process a lot for me, just wondering about some real world tips.

Any information is appreciated greatly.

Thank you!

Financial

Comments

  • crashloaded on 04/02/2019 - 12:30
    +2

    Be descriptive as possible. Submit your claim in chronological order leading up until now, each paragraph should be numbered. If the respondent requests to be represented, disagree with it. If your case is simple, you may get costs of filing, if not, it is unlikely.

    • HighAndDry on 04/02/2019 - 12:51
      +1

      If the respondent requests to be represented, disagree with it.

      Only if this is at the tribunal level, where representation needs leave. In a court, you can't really disagree with the other side being represented. Since OP mentions legal aid, I think this is a court.

      • crashloaded on 06/02/2019 - 16:59

        Yes true. For that amount of money I wouldn't be going to a higher court than civil tribunal. Would be a waste of money.

  • Skramit on 04/02/2019 - 12:49
    +2

    The most obvious tip is when you read through the requirements on the website, make sure you've ticked every box and dotted every i before going down that road.

    https://www.magistratescourt.tas.gov.au/going_to_court/civil…

    Don't "assume" anything, make sure you ask dumb questions of your legal aid to ensure you case is bulletproof before wasting anyone's time (including your own).

    I was going to make a VCAT claim here in VIC for $750 against a tradesman, but the advice I got from the legal aid folks was the fees and the time/effort involved it simply isn't worth it for that amount.

  • djkelly69 on 04/02/2019 - 12:55
    +1

    Is this through xCAT or an actual court?

    Keep in mind that even if you get a decision/judgement in your favour, you then have to take further action to actually get it enforced. All of this is a pain in the a$$. Not sure I would bother for $1k, as it will probably eat a bunch of your time to do it.

    Probably should go into specifics as well if you want the real benefit of the collective minds here.

  • cypher67 on 04/02/2019 - 13:46
    +2

    Further to DJ's point above, given the small sum involved I assume you want to go through this purely to prove you were right and they were wrong & to get the morale victory?
    It is a lot of effort to see that money if they choose to go to court.
    If you plan to present the papers and because its black and white they are in the wrong expect them to just pay outside of court … then sure have a crack.
    But if it is likely they will fight it, then there is chance you can be out of pocket more than $1k.

    • Skramit on 04/02/2019 - 14:08

      Pretty much this.

    • N1NJ4W4RR10R on 04/02/2019 - 15:17

      Ah well. They aren't in pocket 1k.

      If they're losing the grand either way, may as well make sure both parties lose out.

      *Bar cases where fees are just to much to make it worthwhile even on a moral level.

  • dTer on 04/02/2019 - 14:19

    Hi all,

    The sum of money is a lot of money to me, hence why I am proceeding. The person is definitely guilty, I'm more wondering about ways to make my case presentable.

    The person destroyed my personal property. The court is actually minor civil claims in Tasmania. The case will likely not go to a magistrate, I've been told. If it does, there are no legal costs as I will be representing myself, as cases under $5000 cannot have a lawyer present.

    • cypher67 on 04/02/2019 - 14:52

      Its not a case of your mate borrowed your car and dinged it or threw you in a pool with your phone in your pocket it is?

      • dTer on 04/02/2019 - 14:53
        +1

        No, it's a case of someone destroyed, intentionally, one of my personal belongings. I do not know this person (not until I found out who the person was, at least).

        • cypher67 on 04/02/2019 - 14:58

          Can you prove beyond word of mouth that it was this person? You would need irrefutable evidence to back your claim. Also given this person doesn't know you, good luck on them showing up to court.

          • dTer on 04/02/2019 - 15:03

            @cypher67: If you serve someone a civil claim (which I will be doing), they have 21 days to respond, otherwise default judgement is made, which is that they are guilty. I did some research and know exactly who they are.

            I have no evidence, however that's why I have asked for tips on how to prepare for the claim. I know they did it - they were the only person that could have, and I actually caught them.

            • swapsey on 04/02/2019 - 15:14

              @dTer: Now this is becoming clearer. You asked for advice from real world experience and it might not fit your mindset at present but you won’t win unless you have witness or video evidence showing the person destroyed your property. Inconvenient truth perhaps but that’s from my experience.

              • swapsey on 04/02/2019 - 15:19

                @swapsey: Or you could get lucky and the person confesses during mediation. Some people do freak out when confronted and fess up.

            • blitz on 04/02/2019 - 15:20
              +4

              @dTer:

              I did some research and know exactly who they are.
              I have no evidence

              This might be difficult.

            • djkelly69 on 04/02/2019 - 15:35

              @dTer:

              they were the only person that could have, and I actually caught them.

              So reading between the lines, you found something of yours damaged or broken, them standing next to it, and think that will stand up as proof they did it?

            • cypher67 on 04/02/2019 - 15:35

              @dTer: I want you to win, but based on what you have said so far it looks like you have no case. He will walk in and say it wasn't him and you will say yes it was, unless you have proof other than your own testimony you are fighting a losing battle.

            • HighAndDry on 04/02/2019 - 15:41

              @dTer:

              I have no evidence

              That's going to be an issue. Courts don't work like TV shows - "process of elimination" (which is what I think you're saying is how you know/can show it was them) works nowhere near as well in real life.

        • ThithLord on 04/02/2019 - 17:02

          Oh, come on, tell us the details! More people will offer advice if they have an accurate picture of the issue at hand

          • cypher67 on 04/02/2019 - 17:34

            @ThithLord: Agreed - I have watched every season of Boston Legal twice, I feel more than prepared to weigh in!

  • Pumpkin_rrr on 04/02/2019 - 14:37
    +1

    You have to be really well prepared, Eg you might have 5 folders worth of material, but the Judge might only ask one question.
    But you cannot afford to skip any details, salient points.
    One way to test yourself is to record your own voice, telling the story systematically and calmly, clearly and concisely, without confusing anyone.
    Just be yourself. Do not lie or sugar-coat. Do not play victim (although you might be one)

    Oh, maybe trying watching Judge Judy!

    • altomic on 04/02/2019 - 15:19
      +1

      and bring your own gavel

  • dTer on 04/02/2019 - 15:45

    Sorry, I'm not very clear because I don't want to give out specifics. I actually saw the person do it. The solicitor I spoke to (free legal aid) told me that I can accuse the person, as I know 100% it was them. It's up to them to prove otherwise.

    • cypher67 on 04/02/2019 - 15:55

      Understandable. It would be your word against his.
      If you could establish a motive that would get you a long way. Like if it is your neighbour and they rip down your new fence because they didn't like it etc.
      If it was completely random and he can fabricate a rock solid alibi (true or not) then you are gone.
      Furthermore if he knows you have no proof … he has all the power.

      • Samsungnote10 on 04/02/2019 - 18:33

        How about sending them a text msg and seeing if they confess or see if you can confess a half confession out of them

        I recently went to civil court for someone who owes me money, but there was plenty of evidence via sms.

        • cypher67 on 04/02/2019 - 20:56

          OP doesn't know the bloke personally - only found out who is was after the incident

    • djkelly69 on 04/02/2019 - 15:55
      +2

      It's up to them to prove otherwise.

      No its not. It is up to you to prove, on the balance of probabilities (as this is a civil matter), that they did it. Innocent until proven guilty and all that.

      You will need more than just you saying you saw them do it to meet this standard of proof.

      • try2bhelpful on 04/02/2019 - 16:36

        +1 on this. If they deny they did it and you say they did then you have not proven the case. This is why God invented video on phones so you can capture people doing things. In this situation, even if you didn't catch the action with the Camera, then approaching them afterwards with the video rolling and confronting them would probably have worked in your favour - depending on how they reacted. Best of luck with your claim but you without physical evidence he did it you may not be able to prove your case on balance of probabilities. We were involved in a car accident where there was some dispute as to who was at fault, we got a solicitor to send a letter but the other guy's insurance company just steamrolled us because they had more money. We just ended up paying for the repairs on the other guys cars because they weren't outrageous and we weren't in a position to fight back - unfortunately we hadn't noticed our insurance had lapsed when we changed addresses; we didn't get a renewal notice. Our fault entirely but a big warning we have learnt.

        • Baysew on 04/02/2019 - 20:59

          This is why God invented video on phones

          I didn't know she did that.

  • Hellfire on 04/02/2019 - 17:06
    +1

    What did the police say? Surely it's also a criminal offence

    • Fredorishi on 05/02/2019 - 09:37

      That's what I was thinking. Deliberately damaging someone's property is certainly an offence where I come from. Different level of proof required to prove it in a criminal court but could certainly warrant an investigation by Police.

  • SlickMick on 05/02/2019 - 11:32

    Sorry, I have nothing to contribute but look forward to hearing how you go. My wife has a $750 case, and we thought it just wasn't feasible to fight it. But if it can be done for free??!!

    • cypher67 on 05/02/2019 - 17:08

      Time is money … and then you still have to win

  • Baysew on 08/07/2019 - 12:16

    Any update on this?

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