Last Updated on by SCARS Editorial Team
SCARSSCARS SCARS - Society of Citizens Against Relationship Scams Inc. A government registered crime victims' assistance & crime prevention nonprofit organization based in Miami, Florida, U.S.A. SCARS supports the victims of scams worldwide and through its partners in more than 60 countries around the world. Incorporated in 2015, its team has 30 years of continuous experience educating and supporting scam victims. Visit www.AgainstScams.org to learn more about SCARS.™ 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
SMALL CLAIMS COURT
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 SCAMSScams A Scam is a confidence trick - a crime - is an attempt to defraud a person or group after first gaining their trust through deception. Scams or confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, irresponsibility, or greed and exploiting that. Researchers have defined confidence tricks as "a distinctive species of fraudulent conduct ... intending to further voluntary exchanges that are not mutually beneficial", as they "benefit con operators ('con men' - criminals) at the expense of their victims (the 'marks')". A scam is a crime even if no money was lost.?
The Common Thread
Of course, it is ridiculous to think you can sue a scammerScammer A Scammer or Fraudster is someone that engages in deception to obtain money or achieve another objective. They are criminals that attempt to deceive a victim into sending more or performing some other activity that benefits the scammer. in Africa, but how about the company the brought the two of you together? S