I got an interesting comment from a person named Sam who visited from the K20 network in Everett about small claims court. He stated:

“Given your complete lack of understanding about Washington state law for small claims court, I would tend to believe this whole story is made up.”

Believe me when I say this story is not made up.

Personally I think you are a troll, but you raise a good point that is worth discussing. Any good discussion often leads to interesting ideas and processes down the road. So even though I think Sam is a troll, this one is worthy and will help me work out the process I am thinking of doing. This is why I think I can win in small claims court over the phrase in the HOA Rules and Regulations Document, Quiet enjoyment of my home.

Let’s take this from the top, which is the rules and regulations for Small Claims Court off the King County Web site. Please feel free to click on over there and see what they state you can and cannot do.

Who Can Sue And Be Sued?

Anyone can be sued for any reason; there are two things I would be suing over, one the noise from her car radio at 1 or 2 AM which violates King County noise ordinances, the damage to the common property such as damage to the walls, the art work, and trash around the building (the HOA should do this but they won’t, they prefer to fine her every month for this). I am debating to sue over the smell of cigarette smoke up and down the entire floor of the condo building which I happen to share with the person I am planning on suing. I would be using the argument over “quiet enjoyment of my property” and using the process of trash, destruction of common area property, smells, and noise ordinances. I might only be able to get the noise ordinance to be the effective tool for this lawsuit.

At the very least I can get a no-contact order for the noise issues based on what I am reading on the King County web site for no-contact orders. Either would suit me just fine, we will be doing the no-contact order regardless of what happens in small claims court. This is specific to Washington State and other local jurisdictions will differ. But I think I have two plausible arguments here, assuming that I am going to have a judge similar to Judge Judy on this one, and that is how I am framing this in my mind.

How Much Does It Cost?

Cost is not really an issue, I can do all this for around 200 dollars between court costs, process serving, and other fees between getting this case registered and processed.

How Do I Get Started?

I am planning on going down to the court house; I will need according to them the following: It is the plaintiff’s responsibility to accurately identify the defendant, provide a proper address and, if possible, provide a phone number. All of this is public record, as she has an extensive series of records in King County. Since I live in the same condo complex, the address is not a problem.

Serving the Notice

I will have the local police department serve the notice.

How Long Do I Have To File My Case?

I have a year from the time of the first incident, since this is ongoing and I have a detailed log going back to August, and this is an ongoing issue, I think that if I file this month I will meet this criteria.

What If We Settle?

That would be awesome, as it is still a determination, although I don’t think we will settle, this is always an option, and one I would not mind pursuing. I really don’t care what the person does as long as it is not in the parking lot right next to my window at 1 or 2 AM.

Preparing For The Trial

The King County web site states:

You can help yourself by being well prepared. To prepare for the trial, collect all papers, photographs, receipts, estimates, canceled checks, or other documents that concern the case. It may be helpful to write down ahead of time the facts of the case in the order that they occurred. This will help you to organize your thoughts and to make a clear presentation of your story to the judge. It is also a good idea to sit through a small claims court session before the date of your hearing. This will give you first-hand information about the way small claim cases are heard.

I have a detailed log of everything that has happened since August that shows a pattern of behavior I am seeking to not have happen. I have records from the HOA about fines for the same behavior; I have pictures of the aftermath of said behavior, and other information to aide my case of “quiet enjoyment of my property”. Really this all hinges on what is “quiet enjoyment of my property” and I will be relying on the R&R’s from the Condo, and ordinances from King County for noise. There is actually a specific ordinance on car radios which I was surprised to find. If the “quiet enjoyment of my property” argument fails then small claims fails. This does not mean that I can’t get the no-contact order, that is a separate argument that falls more under the noise ordinances and some verbal issues that have happened in the past.

What Happens At The Trial?

I am planning on Judge Judy, I need all my data to be fair and honest and factual. So far I have that.

What If My Opponent Does Not Appear For Trial?

Then I win by default and will give the person an opportunity to pay, if not I can send this off to bill collection.

How Do I Collect My Money?

The King County site states: A money judgment in your favor does not necessarily mean that the money will be paid. The Small Claims Court does not collect the judgment for you. If no appeal is taken and the judgment is not paid within 30 days, or the time set by the court in the payment plan, you may request (in writing) and upon payment of a $20 fee, that a transcript of the judgment be entered into the civil docket of the court. At that time you may proceed with a method of collection such as garnishment of wages, bank accounts, and other monies of the defendant or an execution may be issued on cars, boats, or other personal property of the judgment debtor. Remember, the clerks cannot give you legal advice. You may need the assistance of an attorney or collection agency at this point. In the alternative, you may take your transcript of the judgment and file it in superior court for a fee of $20. Other fees may be required by the superior court clerk or county auditor. When this is done, it places a lien against all real estate in the name of the judgment debtor that is located in the county. When the judgment has been paid in full you must send written notice to the district court that the judgment has been satisfied.

Can You Appeal A Case If You Lose?

If I lose, I am not worried about it, at least I made an attempt. Personally if I lose I’ll sell the property, take out a signature loan for the remainder of the balance owed, and quit the property. While I would like the issues to stop, the ultimate and last thing I can do is simply leave, and that is on the table as an option. Since it does not look like I will be able to rent it based on what other people who live on the same side as I do because of the smell, trash, and noise, I’ll probably just short sale it and call it good. It is more important for me to be happy and healthy in my own home than it is to keep living in a place that is unhealthy for me to live in.

Thanks Sam, and even though I think you are a troll, you seem like a nice troll, and well worth having the discussion with.

Related articles

• What to expect in small claims court
• Real estate agent warned after failing to disclose death on property
• MN Conciliation: How To Represent Yourself in Minnesota Small Claims Court

Sometimes you just get an awesome spam message that is too sweet not to pass up. Today I got one that simply rocks. Everything left intact, including typos, formatting, and grammar. Simply brilliant.

Anti-Terrorist and Monetary Crimes Division

Fbi Headquarters In Washington, D.C.

Federal Bureau Of Investigation

J. Edgar Hoover Building

935 Pennsylvania Avenue, NW

Washington, D.C. 20535-0001

Website: www.fbi.gov

Attention, this is the final warning you are going to receive from me do you get me?

I hope youre understand how many times this message has been sent to you?.

We have warned you so many times and you have decided to ignore our e-mails or because you believe we have not been instructed to get you arrested, and today if you  fail to respond back to us with the payment then, we would first send a letter to the mayor of the city where you reside and direct them to close your bank account  until you have been jailed and all your properties will be confiscated by the fbi. We would also send a letter to the company/agency that you are working for so that  they could get you fired until we are through with our investigations because a suspect is not suppose to be working for the government or any private organization.

Your id which we have in our database been sent to all the crimes agencies in America for them to inset you in their website as an internet fraudsters and to warn  people from having any deals with you. This would have been solved all this while if you had gotten the certificate signed, endorsed and stamped as you where  instructed in the e-mail below.this is the federal bureau of investigation (fbi) am writing in response to the e-mail you sent to us and am using this medium to  inform you that there is no more time left to waste because you have been given from the 3rd of January. As stated earlier to have the document endorsed, signed and stamped without failure and you must adhere to this directives to avoid you blaming yourself at last when we must have arrested and jailed you for life and all your  properties confiscated.

You failed to comply with our directives and that was the reason why we didn’t hear from you on the 3rd as our director has already been notified about you get the  process completed yesterday and right now the warrant of arrest has been signed against you and it will be carried out in the next 48hours as strictly signed by the  fbi director. We have investigated and found out that you didn’t have any idea when the fraudulent deal was committed with your information’s/identity and right now if      you id is placed on our website as a wanted person, i believe you know that it will be a shame to you and your entire family because after then it will be announce in  all the local channels that you are wanted by the fbi. As a good Christian and a honest man, I decided to see how i could be of help to you because i would not be happy to see you end up in jail and all your properties confiscated all because your information’s was used to carry out a fraudulent transactions, i called the efcc and they directed me to a private attorney who could help you get the process done and he stated that he will endorse, sign and stamp the document at the sum of $98.00 usd only and i believe this process is cheaper for you.

You need to do everything possible within today and tomorrow to get this process done because our director has called to inform me that the warrant of arrest has been  signed against you and once it has been approved, then the arrest will be carried out, and from our investigations we learnt that you were the person that forwarded  your identity to one impostor/fraudsters in Nigeria when he had a deal with you about the transfer of some illegal funds into your bank account which is valued at the  sum of $10.500,000.00 usd.

I pleaded on your behalf so that this agency could give you till 6/27/2012 so that you could get this process done because i learnt that you were sent several e-mail  without getting a response from you, please bear it in mind that this is the only way that i can be able to help you at this moment or you would have to face the law  and its consequences once it has befall on you. You would make the payment through western union money transfer with the below details.

NAME: VINCE DURU ADDRESS:  LAGOS  NIGERIA TEXT QUESTION:FOR ANSWER: YOU AMOUNT: $98 Senders name======

Send the payment details to me which are senders name and address, mtcn number, text question and answer used and the amount sent. Make sure that you didn’t hesitate  making the payment down to the agency by today so that they could have the certificate endorsed, signed and stamped immediately without any further delay. After all  this process has been carried out, then we would have to proceed to the bank for the transfer of your compensation funds which is valued at the sum of $10.500,000.00  usd which was suppose to have been transferred to you all this while.

Note/ all the crimes agencies have been contacted on this regards and we shall trace and arrest you if you disregard this instructions. You are given a grace today to  make the payment for the document after which your failure to do that will attract a maximum arrest and finally you will be appearing in court for act of terrorism,  money laundering and drug trafficking charges, so be warned not to try any thing funny because you are been watched.

THANKS FOR YOUR CO-OPERATION.

ROBERT MUELLER  WASHINGTON DC  Anti-Terrorist and Monetary Crimes Division  Fbi Headquarters In Washington, D.C.  Federal Bureau Of Investigation  J. Edgar Hoover Building  935 Pennsylvania Avenue, NW Washington, D.C. 20535-0001 Website: www.fbi.gov