Notary-Signed Repayment Promise
My question involves collection proceedings in the State of: Arizona
An individual and I both signed a paper in front of a notary in Arizona, where she promised to pay me back $3900. She has not paid any of it back and has cut off contact with me. The maximum amount for the small claims court in my area is $3500.
Is the right thing to do to contact the small claims court, and ask for the case to be only $3500?
Re: Notary-Signed Repayment Promise
It depends on what you want to achieve.
If the small claims court limit in your area is $3500, then that's all you'd be able to collect by pursuing your claim that way. Small claims court is typically easier/quicker than the general trial court and the papers and proceedings in small claims court tend to be designed in such a way that average people can adequately present their cases and defenses without needing to engage lawyers. You would, however, be giving up the ability to claim the other $400 that you are owed, and you might be giving up other claims or damages available to you.
Going to the general trial court might require a lawyer which, for a $3,900 claim, might not be cost-effective in that a substantial chunk of the recovery would be owed to the lawyer. However, you'd have access to all claims and damages to which you might be entitled.
Using either route, the best you end up with is a judgment, which must then be enforced against the other party and that, too, requires some investment of time, effort, and, perhaps, money.
It probably would be worthwhile to speak to a lawyer about possibly representing you so that you can get some specific advice on the pros and cons of the various options available to you. Depending on the particular facts and circumstances, it might be worthwhile to pursue the matter in regular court even with the additional costs.
Re: Notary-Signed Repayment Promise
I appreciate you taking the time to help me, thank you!
Re: Notary-Signed Repayment Promise
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glacieravelanche
My question involves collection proceedings in the State of: Arizona
An individual and I both signed a paper in front of a notary in Arizona, where she promised to pay me back $3900. She has not paid any of it back and has cut off contact with me. The maximum amount for the small claims court in my area is $3500.
Is the right thing to do to contact the small claims court, and ask for the case to be only $3500?
I am a 40 year + resident of Phoenix and I have used the small claims court and the justice court.
You will be better off sticking to the small claims court for $3500.
The higher court is more complicated and adheres rigidly to the Rules of Civil Procedure. Even a slight procedural error can cost you the case.
Re: Notary-Signed Repayment Promise
Please explain what "the right thing to do" means.
If you want to sue for the full amount, you'll need to do so in "regular" court. If you're willing to waive the amount in excess of $3,500, then you can sue in small claims court.
Re: Notary-Signed Repayment Promise
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pg1067
Please explain what "the right thing to do" means.
If you want to sue for the full amount, you'll need to do so in "regular" court. If you're willing to waive the amount in excess of $3,500, then you can sue in small claims court.
"The right thing to do" means the procedure I would use to get whatever money I can from this person. Sounds like least risky and most efficient would be to forfeit $400 in favor of getting $3500. Thanks for the input.
This is helpful. Thank you
Re: Notary-Signed Repayment Promise
Getting whatever money you can from the person has nothing to do with what court you use.
A judgment for $3500 is going to be just as difficult to collect from a deadbeat as a judgment for $3900.
Re: Notary-Signed Repayment Promise
I'm curious as to why you think it makes any difference that you signed it in front of a notary.
Re: Notary-Signed Repayment Promise
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cbg
I'm curious as to why you think it makes any difference that you signed it in front of a notary.
Notaries are magic, don't you know. At least I have to tell my wife that. :friendly_wink:
Re: Notary-Signed Repayment Promise
I let my notary's license lapse because I didn't need it anymore when I left the job I got it for, but it still amuses me what powers some people think a notary has.
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glacieravelanche
"The right thing to do" means the procedure I would use to get whatever money I can from this person. Sounds like least risky and most efficient would be to forfeit $400 in favor of getting $3500. Thanks for the input.
This is helpful. Thank you
The important thing to do is what lawyers do before they take a case. They check the financial solvency of the party they are suing.
If the other party has no money, they will likely know going into a small claims courtroom that a judgement against them has no teeth.
If you think they have the money, another option would be to pay a lawyer to write them a threatening letter for the full $3,900.
Re: Notary-Signed Repayment Promise
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glacieravelanche
"The right thing to do" means the procedure I would use to get whatever money I can from this person. Sounds like least risky and most efficient would be to forfeit $400 in favor of getting $3500. Thanks for the input.
No one here has the ability to make an informed opinion about whether waiving the $400 above the small claims limit is the "the right thing [for you] to do." Only you can decide that. All we can do is tell you that, in "regular" court, you'll have to be more concerned about civil procedure rules than you would in small claims court. Neither option is more risky than the other, and I don't think I'd agree that small claims court is more efficient. I would, however, say that small claims court is (or is supposed to be) simpler and quicker.
Re: Notary-Signed Repayment Promise
So true! When I thought students were being less than truthful, I used to ask for a notarized statement from the parent.
Re: Notary-Signed Repayment Promise
Re: Notary-Signed Repayment Promise