I am going to Jamaica, and want to take out a claim for J$33,000 in Kingston

QUESTION: Dear Legal Wiz,

I am going to Jamaica, and will be in St Elizabeth. However, someone in Kingston owes me $33,000.00 for an item I took down for them on my last visit and they still have not paid me. People in Jamaica think we over here work so that we can pick up items for them free. They do not appreciate our hard efforts and I need to teach this man a lesson because I did not give him that phone free and he knows it. He is not even working for me or offering to pick me up and carry me around when I am there.

Sandy

RESPONSE: Dear Sandy,

When you get to Jamaica, you can start a claim for your money at the Resident Magistrate Court, Sutton Street, Kingston. At that Court you can request relevant forms that you can either fill in or get assistance in filling in the form. There are persons at the Court who will assist you if you are willing to wait. Otherwise you can solicit the services of an attorney or a member of our team.

After you have filled in and submitted the forms, the summons will be prepared by the Court staff for you to collect one week later. The court’s bailiff office can arrange to serve the summons for you for a fee. You also have the option to serve it by yourself, or you can ask a District Constable to serve it for you. Anyone (over the age of 18 years old) except a police officer serving in his capacity as a police officer can serve the summons for you basically.

The summons however must be filled in correctly and returned within the time set BEFORE the court date.

As you live overseas, please discuss your planned dates of return with the Court staff, or secure someone to represent you such as a next of kin, an attorney or someone you can empower or assign to work reliably for you. If you rely on someone who is not an attorney-at-law you must empower them with a power-of-attorney document to act on your behalf. That power-of-attorney instrument must be registered, so if you choose this route, please write again or do ample search on this site for information on such document used in Jamaica.

Legal Wiz