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What
is the difference between civil and criminal
procedures?
In criminal matters, action is taken by the "state" (either federal,
state, or local government agencies) against an individual for a violation
of the law. A criminal matter can result in a sentence such as a fine,
probation or time in jail.
A
civil proceeding is one in which one person (plaintiff)
sues another (defendant) who has caused him injury
or loss. The plaintiff seeks compensation from
the defendant for his loss. A judgment in a civil
matter does not include the imposition of a criminal
sentence.
Small
Claims
What is a small claim?
To be
tried as a small claim in District Court, your
case must:
• be for $5,000 or less; and,
• be for money only, not the return of property or performance of a service;
and,
• not involve any discovery such as interrogatories (written questions
that the other side must answer under oath in writing, before the trial).
If
you do not meet all three of these conditions,
you do not have a small claim. You may wish to
consult with an attorney to explore other options.
For
more information, see Small
Claims.
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Collections
How
do I collect a judgment?
The court will not act on its own to collect the money you are owed. It
is up to the individual who has been awarded a judgment to take the steps
necessary to enforce it. If the defendant in your case is not willing to
pay the debt or work out a payment plan, you will have to complete and
file more forms with the court, pay the required filing fees and appear
in court for additional hearings.
For
more information, see Post
Judgment.
Garnishment,
Wage
What is a wage garnishment?
A wage garnishment is a procedure
through which some portion of a person’s
(debtor) earnings is withheld by an employer
(garnishee) for the payment of a debt to a
creditor (person who is owed the money).
What is necessary to garnish wages?
Before you can garnish wages, you
must obtain a final judgment against the debtor
in court. Generally you may obtain a judgment
by winning a claim in Small
Claims court.
For more information, see Wage Garnishment
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Replevins
and detinues
How do I get property returned to me?
Replevins
and detinues are legal actions that allow the plaintiff
(the person seeking to recover the property) to
seek the return of property.
Replevin
Seeks the return of property, along with possible damages.
Allows for the possible return/possession of the property at a Show Cause
hearing, a hearing held before a trial.
Filed in the District Court, regardless of the amount in dispute.
May require the filing of :
1) a Complaint Form (DC/CV1),
2) a Proof of Service (DC/CV 2) and
3) a Show Cause Order form (DC/CV 4).
Detinue
Seeks the return of property or its value along with possible damages.
Requires a trial to determine rightful owner of property.
Filed in District Court for actions up to $5,000. If claim is between $5,000
and $30,000, claim may be filed in either District or circuit courts. Detinues
for more than $30,000 must be filed in circuit court.
Requires the filing of only a Complaint Form.
For
more information, see Replevins
and Detinues.
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Peace
and Protective Orders
What
is a peace or protective order?
Peace and protective orders are civil orders issued by a judge to prevent
one person from committing certain acts against others. These
orders are often used in cases of domestic violence, child and spousal
abuse, criminal stalking and harassment. An order requires proof that one
of the following acts occurred:
- an act that caused serious bodily harm
- an act that placed the petitioner in fear of imminent bodily harm
- assault in any degree
- rape or sexual offense
- attempted rape or sexual offense
- false imprisonment
- criminal harassment
- criminal stalking
- criminal trespassing
- malicious destruction of property
The filing
criteria for peace and protective orders
differ. For information on which one to file
and how to file, see Peace
and Protective Orders.
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Mediation
What is mediation?
Mediation
is a process in which a trained neutral
person, a “mediator,” helps
people in a dispute to communicate with
one another, to understand each other,
and if possible, to reach agreements that
satisfy everyone’s needs.
How
do I request mediation in District Court?
Your
case may be referred to mediation by the
courts. However, you may also request mediation
prior to seeking a court resolution to
the problem . Contact the District
Court's Alternative Dispute Resolution
Office (Phone: (410) 260-1676).
See: Mediation
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