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We filed a small claim in court in Louisville, KY. The defendents attorney asked for a jury trial. It seems like I can't do anything unless I get an attorney. The other guys attorney is suppose to schedule the jury trial, but refuses for a year now! We have heard mention of making a motion for a summary judgement. Can anyone help with any info regarding this? We have no idea how to make a motion and don't really have the $$$ to hire an attorney ourselves.
Are you sure you're talking about small claims court? I've been through it in Louisvlle a few times and it hasn't required an attorney and I didn't think small claims had juries as an option. I also think the court decides on the date, not the defendant's attorney. I'm guessing I'll be proved wrong on these things, but my experience has been much different. Regardless, it looks like they're just trying to make you give up and go away. Don't give up. And, don't bother hiring a lawyer for a small claim situation (assuming you are right and can reasonably prove it).
Yes, This nightmare regards a small claim. We have been to small claims before and it went really smoothly. BUT, this one is not so.
I originally filed this claim in small claims court. The defendent then has an option to request a jury trail. They did, and the judge granted the motion. Requesting a jury trial transfers the case out of small claims (circuit court) and into a Division I (Civil Court). Apparently, this means a dead zone in the legal world! The court clerk says that the defendant is responsible for filing a motion now to set a date for the jury trial. The defendant won't do that, because then they would have to actually go to court. Clerk said I can make a motion to have it heard and set a date AND PAY another fee, BUT cannot tell me how to draw up the motion! But even better, they said I could make a motion for a summary judgement (which means the judge could award me the money if the judge sees fit) I would rather do this and get it over! I cannot get any info on either of theses motions. I also am not sure which court to file the motions in (circuit or civil?).
Got it - so it has been moved out of small claims court.
If I were you, I'd take advantage of a "free initial consultation" that just about every attorney advertises. I sat down with an intellectual property attorney for about an hour last year. He gave me a lot of good direction and didn't charge me anything. I felt a bit obligated to do something for him anyway, so I ended up doing some work for him for free also.
Statues: Kentucky Revised Statutes, Title 4, Ch. 24A.200-360.
Dollar Limit: $1,500.
Where To Sue: Where defendant or his agent resides or does business.
Service: Certified or registered mail, return receipt requested; personal service by sheriff or constable.
Hearing Date: 20-40 days from service.
Attorneys: Allowed.
Transfer: If defendant counterclaims for more than $1,500 or requests jury trial or at judge's discretion, case tried under regular civil procedure of District Court.
Appeals: By either side for review of law, not facts; to Circuit Court within 10 days.
Special Provisions: Limited equitable relief available. Plaintiff is limited to 25 claims per year. Collection agents and lenders of money at interest may not sue. No discovery. No libel, slander, alienation of affection, malicious prosecution, or abuse of process actions. Jury trials are only allowed if defendant makes a written request at least seven days before hearing date. Case is then transferred to regular District Court.
This is what I got from the consumer affair web site about small claims in Kentucky
go see an attorney to be safe it is always a good idea to have one on retainer for such occasions.