SCARS|RSN™ Special Report: How You Just Might Get Your Money Back!
The following is an editorial and is NOT intended to express a legal opinion. We strongly recommend that all matters of law be discussed and reviewed with a licensed attorney.
There Just Might Be A Way To Recover Some Money Is Specific Countries
What is a Small Claim?
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate’s court.
These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa and the United States.
To learn more about Small Claims Courts go here »
A Small-Claims Court Generally Has A Maximum Monetary Limit To The Amount Of Judgments It Can Award, Often In The Thousands Of Dollars/Pounds.
By suing in a small-claims court, the plaintiff (you) typically waives any right to claim more than the court can award. The plaintiff may or may not be allowed to reduce a claim to fit the requirements of this venue – so you might have to plit the amounts based upon specific transfers. This means that if you lost $100,000 you probably could not sue, but if you lost $4,000 you probably could – you would have to review the limits in your locality.
To bring the case to small-claims court, the plaintiff must prove that actual damages are within the court’s jurisdiction (meaning you lost money where the court is – such as you sent the money from a local money transfer service or your local bank).
The rules of civil procedure, and sometimes of evidence, are typically altered and simplified to make the procedures economical in small claims court
A usual guiding principle in these courts is that individuals ought to be able to conduct their own cases and represent themselves without a lawyer.
Rules are relaxed but still apply to some degree.
Expensive court procedures such as interrogatories and depositions are usually not allowed in small-claims court, and practically all matters filed in small-claims court are set for trial. Under some court rules, should the defendant not show up at trial and not have requested a postponement, a default judgment may be entered in favor of the plaintiff immediately.
Trial by jury is seldom or never conducted in small-claims courts; it is typically excluded by the statute establishing the court.
Winning in small-claims court does not automatically ensure payment in recompense of a plaintiff’s damages. This may be relatively easy, in the case of a dispute against an insured party or corporation. The judgment may be collected through garnishment and liens.
In many countries what you receive from a judgment may also be tax-free – you would be advised to explore that with a tax professional.
Most courts encourage parties with disputes to seek alternative dispute resolution, if possible, before filing suit. For example, both parties can agree on arbitration by a third party to settle their dispute outside of court, though while small-claims court judgments can still be appealed, arbitration awards cannot.
HOW MIGHT YOU USE THIS IN THE CASE OF SCAMS?
The Common Thread
Of course, it is ridiculous to think you can sue a scammer in Africa, but how about the company the brought the two of you together? Social media, communication apps, and dating websites are certainly located in the U.S. and also in many other Western Countries.
We cannot tell you exactly how to conduct such a trial, but in our opinion, these companies are certainly negligent in the enforcement of their policies and in responding to reports of fake and fraudulent accounts. They allow an environment where scammers have uncontrolled access to potential victims and fail to provide real countermeasures or properly warn their customers of the risks of their platforms. In most cases, this could create potential liability and would be the approach we would take if we were a damaged party – in other words, a victim!
If you needed proof that Facebook was negligent – for example fails to remove scammer’s fake accounts AFTER being notified, we would be happy to supply such proof.
Remember that major companies are bullies and they will use tactics to have small claims cases thrown out, but because of the limitations of such courts, they are also limited. Most likely such cases will go to arbitration and a settlement agreed upon – it is frequently cheaper to settle than to try a case. Plus with a lawsuit, no matter how small, your local press will eat it up!
Just remember, we are not attorneys and cannot give you legal advice without a license. We advise you to speak to an attorney for such advice.
Our goal is to present a concept. A concept that allows normal people to use the small claims court to their advantage.
Remember, those big companies neither like bad publicity nor like wasting money. A settlement is much easier than the alternative. And since most victims have losses of a few thousand, this may be an ideal opportunity.
After all, what do you really want? You want your money back – just don’t ask for an apology or an admission of guilt, that they probably never do. But this may be as close to justice as you will ever get!
Building A Body Of Support
Please make sure that if you go forward with cases such as these that you keep us informed about your case so that we can share both your action with the world and if you need help, that we can provide you with examples of negligence, and if you are successful that your strategies can be shared with others to help them recover money as well.
You can also use small claims to recover your money from entities in your same country that received your money, such as money mules.
Here is an excellent guide to Small Claims, but in truth, you can find all you need online with a little research.
Additional Articles For Your Review
We wish you good hunting and make the bastards pay!
A SCARS Division
Miami Florida U.S.A.
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Tell us about your experiences with Romance Scammers in our Scams Discussion Forum on Facebook »
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FAQ: How Do You Properly Report Scammers?
It is essential that law enforcement knows about scams & scammers, even though there is nothing (in most cases) that they can do.
Always report scams involving money lost or where you received money to:
- Local Police – ask them to take an “informational” police report – say you need it for your insurance
- Your National Police or FBI (www.IC3.gov »)
- The SCARS|CDN™ Cybercriminal Data Network – Worldwide Reporting Network HERE » or on www.Anyscam.com »
This helps your government understand the problem, and allows law enforcement to add scammers on watch lists worldwide.
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Visit our NEW Main SCARS|RSN Facebook page for much more information about scams and online crime: www.facebook.com/RSN.Main.News.And.Inromation.Home.Page »
To learn more about SCARS visit www.AgainstScams.org
Please be sure to report all scammers HERE » or on www.Anyscam.com »
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