If the person I am suing won't tell me .....?

Question

if she is on active military duty, and her co-workers won't either, what should I do? This affidavit requires that I ensure she is not on active military. This lady is a lawyer and has no affiliation with the military that I am aware of. She illegally towed my car by changing assigned parking spots without notification and had my car towed when I returned home from classes. I just won today in court by default, she didn't show up.

What can I do about this stupid "find out if she is on active military" section on the affidavit? And why is everyone saying that winning in small claims doesn't mean anything because people never get their money?

Answer 1

Sounds like a landlord.

Next month pay your rent less the amount she owes you.  Include a detailed letter explaining it and citing your victory in small claims.  Then the ball's back in her court if she wants to try to get the money back.  Good luck if she does.  Evicting someone is tougher than getting paid for your small claims victory.

As far as finding out if she is on active military duty.  You've tried your best.  Just check the "no" box and send it out.  Worst case scenario she is on active duty and your affidavit will be null.

Answer 2

The Department of Defense - Manpower Data Center - www.dmdc.osd.mil - can provide a certificate for you to present to the court.

Answer 3

"And why is everyone saying that winning in small claims doesn't mean anything because people never get their money?"

Winning doesn't mean the same as collecting.  You got a judgment, not a check.

Most likely outcome, most of us reading this will be dead of old age before you see a dime, especially if she's a lawyer.

You would have to hire an attorney to force her before a judge, and ask for the court to provide relief, as in garnishment of wages, etc...

Guess what it will cost to do that?  Think of numbers with three to four zeros behind them.  Get the picture?

Sure it's frustrating.  Wait till you get to be my age and find out just out unfair life really is.

Best advice...Drop the whole thing and move on with your life.  

Revenge is a waste of time, can be very expensive, and can be very time consuming (as in jail time if you do something dumb to get even).

Answer 4

They say that it means nothing because there is no laws that require the loser to pay. Sorry, thats just the way it is. Its not an issue the police or the courts will help with either. About the only thing you can do if she refuses to pay is turn it over to a collections company and hope they get lucky.

Answer 5

if she was on active military duty she would either be in the US at a base camp or over seas in a war zone or other base camps in Europe.  I think it's safe to say she isn't, although maybe that is why she didn't show up in court.

Answer 6

I don't know.

What school do you go to?

Michigan State University or Montclair State University?