Q: Pd non-relative funeral exp with oral and written "ok" agmnt by NOK i would be pd when ins $ came in. Chances of win?
I charged the FL funeral home expense of a non-relative, close friend, so his body could be flown to Ohio for burial. 21 yr old next of kin (NOK) who lives in Georgia, and not present in FL at time of his father's death, agreed with verbal and written "OKs" in text that he would pay me back when he got the insurance money. After numerous follow ups in writing asking about status of insurance payment, reminding him that the bill was coming due and was accruing interest, I was continually told he had not received it yet. He never denied or disputed owing me when I asked about payment. A little over a month later all communications were ignored by him, and no payment (even partial) was ever made. His mother, in text, said it was going to take 2-4 months to get ins $, but would provide no proof of that time frame from ins company. I have filed a small claims suit. What are my chances of getting a judgment?
A:
I don't know any lawyer who will tell you the chances on any case -- or at least good, experienced lawyer. Here is how to maximize your chances, however.
Note that in Georgia, it is a magistrate court, not small claims: http://consumer.georgia.gov/consumer-topics/magistrate-court
And, honestly, I just read that website. It says everything I would say including this fact: "In many cases collecting the court award is more difficult than proving the case in court. A judgment granting the plaintiff an award gives the plaintiff the right to collect the money damages from the defendant, but the plaintiff is responsible for actually collecting the award. The court cannot, and will not, collect awards for any party."
The only advice I can think of adding is do it as soon as possible. Why? Because the process can be long. Don't be surprised if the hearings are adjourned and the court can't hear you that day because it is busy with older cases. So, file now.
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