I want to find out two things:

1.  Are there free resources that are privided for small claims court.
 Specifically, are there law students or other lawyers I can talk to
OVER THE PHONE for free about small claims court.

2.  Who may be taken to small claims court.  Specifically, I
understand that the Washington, DC Small Claims Court has a
jurisdiction of 45 miles.  If I reside outside of DC jurisdiction what
is the peanlty for not appearing?  Can I have a jusdment filed against
me for not appearing?  Will there be a mark on my record if I dont
appear?

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Clarification of Question by elpresidente-ga on 10 Oct 2003 09:25 PDT

Is this dollar amount enough for this question?

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Clarification of Question by elpresidente-ga on 10 Oct 2003 11:49 PDT

Thank you for your comment.  It is my understanding that if I do not
show up in small claims court there cannot be a judgment against me
becasue they have no jurisdiction over me -  I live over 250 miles
away from Washington, DC although the incident did occur in DC.  Are
my assumptions about jurisdiction correct?  Do you have a link that
contridicts or proves this point?  I certianly appreciate your
response, but I am very concerned about my situation and I would be
happy to pay more for this question if I could get a complete answer.

Hi Elpresidente ~

Before I answer your question, I want to direct your attention to the
disclaimer at the bottom of this page:

     "Answers and comments provided on Google Answers are
      general information, and are not intended to substitute
      for informed professional ... legal ... or other
      professional advice."

I do not have a license to practice law in the District of Columia,
and this is NOT legal advice.

You said in your Clarification, "It is my understanding that if I do
not show up in small claims court there cannot be a judgment against
me becasue they have no jurisdiction over me -  I live over 250 miles
away from Washington, DC although the incident did occur in DC."

This seems to be contrary to what the Official Code of the District of
Columbia says about jurisdiction.

"§13-423. Personal jurisdiction based upon conduct.

 (a) A District of Columbia court may exercise personal jurisdiction
     over a person, who acts directly or by an agent, as to a claim
     for relief arising from the person's--

     (1) transacting any business in the District of Columbia;
     (2) contracting to supply services in the District of Columbia;
     (3) causing tortious injury in the District of Columbia by an
         act or omission in the District of Columbia; ..."
[Source: LexisNexis District of Columbia Code]
   - http://198.187.128.12/dc/lpext.dll/Infobase/d1ed/d980/da10/da25/da36?f=templates&fn=document-frame.htm&2.0#JD_13-423


So to ignore the summons because of an assumed lack of jurisdiction
would be foolhardy, indeed, as the plaintiff could conceivably:

1. Show up at the appointed time and obtain a default judgment against
you because you failed to appear;

2. Obtain a certified copy of the judgment and file it within the
jurisdiction in which you *do* reside and place a lien on your
property or even garnish your wages.

3. Such a judgment could affect your credit rating, and yes, they
eventually seem to end up on your credit reports.


==============

Additional information on the jurisdiction of the Small Claims Court
Division of the District of Columbia Superior Court can be found on
the LexisNexis site in "§11-1321. Exclusive jurisdiction of small
claims."
   - http://198.187.128.12/dc/lpext.dll/Infobase/d1ed/d1f7/d47c/d490/d495?f=templates&fn=document-frame.htm&2.0#JD_11-1321


==================

The Washington DC Bar offers some procedural information on defense of
the claim filed against you on its website, which you can find here:
   - http://www.dcbar.org/for_lawyers/courts/superior_court/civil_division/smclaimconcil.cfm


The "Your Guide to Small Claims Court in Washington, D.C." as pointed
out in the Comment below, really is an excellent guide, too.
   - http://www.justiceonline.org/consum/small_claims.html


==================

There are methods offered, such as mediation, or hiring a firm or
representative to appear for you. But to ignore it now and not appear
at all can cost you a lot more later to undo what could happen.


=====================
Reference Materials
=====================

The District of Columbia Code on LexisNexis can be found here:
   - http://198.187.128.12/dc/lpext.dll?f=templates&fn=fs-main.htm&2.0

Small Claims Court Rules can be found in "Chapter 13 "Small Claims and
Conciliation Branch of the Superior Court" on the left hand frame.


Westlaw also offers a copy of the Code through the Washington DC
Council Home Page which can be found here:
   - http://dccode.westgroup.com/Find/Default.wl?DocName=DCCODES11-1321&FindType=W&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0



=================

Search terms:
   - Washington DC Small Claims Court Rules of Procedure

LexisNexis:
   - Jurisdiction District of Columbia Superior Court
   - Small Claims Court Rules of Procedure


I trust this answers your question about jurisdiction and how to
proceed. Best of luck with this matter.


Regards,

Serenata
Google Answers Researcher

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Request for Answer Clarification by elpresidente-ga on 10 Oct 2003 16:12 PDT

Thank you, you did a good job and I understand that you are not a
legal expert of giving legal advice.

I am going to close this case but I have two other questions that I
want you to answer.  Hopefully you will have a chance to read my next
question.  Which is:

1.  According to the law of the Disctric of Columiba, can the decision
of one roommate bind another to that decision?  For example, if a
roommate says, "you may stay as a guest."  Does another rommate have
the right to request rent for your time there or disallow you to stay?
AND who is the burden on to if the roommate does request rent, the
first roommate or the guest OR does the one roommate's invitation
simply bind the other?

2.  Is there a law about rent rolling over from month to month until a
lease is signed?  For example, if I did not live in an apratment for a
given amount of time, but I had not provided a written notice that I
was leaving can I be charged rent for that time period?  In other
words, if my lease explicitly states that my it expires on day X and I
am not living there after day X, and HAVE NOT provided the landlord
with written notice that I left, can the landlord charge me rent until
the next lease is signed?  Who is accountable for the rent if the
tenant fails to leave and there is no lease?

Thank you for taking on this question and again, I realize you are not
a lawyer, BUT PLEASE do as best you can citing specific law and
proving the link to it.

Thank you.  If this is not enough for this question, let me know and I
will raise it.

Thanks!

---

Clarification of Answer by serenata-ga on 10 Oct 2003 17:31 PDT

Hi there ...

I asked for a clarification on the other question.

It is difficult to steer you toward any answers to your questions if
you don't give all the facts.

Regards,
Serenata

First and foremost, if you are sued in small claims court and have
been served(with the papers notifying you of the suit), you NEED to
show up.  If you do not show up, the judge will probably side, without
contest, with the person suing you and whatever amount they sue for
will probably be granted.  Anytime you have a judgement against you,
it TYPICALLY appears on your credit report.  I am not sure about dc
inparticular though.  I will give you a link that you may check out.

http://www.justiceonline.org/consum/small_claims.html

I am highly excited that you want to answer my question.  I have ALL
the details written clearly, for you in a post I am ready to post now.

I just want you to confirm that you do no currently live or work in
Washington, DC.

Two notes:

1) Just a note on "personal jurisdiction," which is what we're talking
about here (read the legal disclaimer, btw), and what you'll have to
talk to the judge about.  For a court to judge a defendant (or a
plaintiff, really), the court must have personal jurisdiction over
that person.  A court will first examine whether the legislature has
granted the court permission to exercise that jurisdiction (the
statute referenced above).

THEN there is an analysis of whether that statutory exercise is within
the constitutional guarantees of due process (14th amdt, do a google
search for "International Shoe").  To satisfy due process, in short,
you need to have certain minimum contacts with the forum (DC). 
Usually that either means you're very involved with DC (ie, you have
business there and go there a lot) and are subject to "general
personal jurisdiction" (any kind of suit) or have participated in a
specific transaction, and can be sued for that transaction only
("specific personal jurisdiction").

So how do you raise a "motion to dismiss for lack of personal jurisdiction?"  
a) you appear at the case (or file a motion in writing) and state the
claim.  You basically argue the line of reasoning I put out above, and
say that there is no statutory jurisdiction, or your right to due
process would be violated.  Make sure you specify that you are making
a "special appearance" (ie, only in DC and arguing your case to
protest jurisdiction) and that you don't argue the "merits" unless you
lose your motion or the judge tells you that you can do so without
waiving your objection.  Otherwise, it's a waiver.

b) you don't appear, and then when the plaintiff shows up in mass. to
collect on judgment, you make the jurisdiction argument there, to the
mass judge.  This has the disadvantage of having a public judgment
against you, and you lose the right to argue the merits of the case.