Small claims court?

[niceguyeddie]

Would any of you take someone to small claims court over $1,500? Some dip shit owes me money, I have valid proof and I'm sure I'd win.

I think I wanna do it more to prove a point, but I don't know if it's worth the time and energy. $1,500 isn't just pocket change, then again it's not enough to ruin my life. I just don't like knowing someone fucked me and got away with it.

Would any of you peruse a suit or just be the bigger man, move on and let karma get him?


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[ChumpChange]

If you've exhausted all other avenues then yes. Not sure how letting him take the money is being the better man as it's not a bad thing to request what is owed. It's a fairly simple process.

[obnoxious001]

Would any of you take someone to small claims court over $1,500? Some dip shit owes me money, I have valid proof and I'm sure I'd win.

I think I wanna do it more to prove a point, but I don't know if it's worth the time and energy. $1,500 isn't just pocket change, then again it's not enough to ruin my life. I just don't like knowing someone fucked me and got away with it.

Would any of you peruse a suit or just be the bigger man, move on and let karma get him?


Don't you wonder if it's not the first time he refused to pay someone, and you taking him to small claims would be the "karma"?

[SnoC653]

I was taken by a fraudulent roofer once for a good bit of money. Had two choices really, deal with it myself, or have him arrested. I opted for having him arrested. He was convicted and ordered to pay $25 a month restitution since he claimed no income really. It will take him a lifetime to pay back the full restitution, but periodically I go down to the courthouse and remind them that he hasn't paid in quite a while. They go rattle his cage and he starts paying again. It's the principal. Yes, I'm out the money and will likely never get it all back. But, every time he has to pay he is reminded that there are consequences for bad behavior.

I would say take him to court for the same reason. Do you need the money? Probably not. But, it would be a nice bonus if he did settle his debt in the process.

[GRADS]

Depends on the situation and why the debt is owed. Let's hear the details.

[78Southwind]

I guess it just depends... if you want to be out your money and now your time too. I took a tenant to small claims court once and it was a complete waste of my time.

[niceguyeddie]

All good points. Thanks!

I don't want to get into details, but the guy owes me money. He's admitted his wrong doing via text message and he owes me. I'm thinking that alone should work toward my advantage in court.

What would I have to do? Just go file at the courthouse? He's in the same county and I know where he lives and works so I wouldn't have to go far and serving him should be easy.



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[Tishimself]

All good points. Thanks!

I don't want to get into details, but the guy owes me money. He's admitted his wrong doing via text message and he owes me. I'm thinking that alone should work toward my advantage in court.

What would I have to do? Just go file at the courthouse? He's in the same county and I know where he lives and works so I wouldn't have to go far and serving him should be easy.



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Go to the court house and fill out the paper work and pay the fees. Once you do that, hire a process server to track him down and serve him. You can do this yourself if you want, but if he knows its coming he might make himself scarce. Process guys are good at what they do and don't cost much. If he does not show, you win. If you win, you have many options available to you up to and including, but not limited to attaching his wages....that's your call. It will go on his TRW as a legal item and trash his credit (if he has any) and even if he pays it off, the damage is done. Though it shows as paid, it is still on there for all to see that at one point, he fucked with the wrong guy. Hope this helps....now get to it. 1500 is a shitload in Obama's new socialist state, and will go a long way towards mitigating the shock of your increased healthcare costs. :D

[niceguyeddie]

Go to the court house and fill out the paper work and pay the fees. Once you do that, hire a process server to track him down and serve him. You can do this yourself if you want, but if he knows its coming he might make himself scarce. Process guys are good at what they do and don't cost much. If he does not show, you win. If you win, you have many options available to you up to and including, but not limited to attaching his wages....that's your call. It will go on his TRW as a legal item and trash his credit (if he has any) and even if he pays it off, the damage is done. Though it shows as paid, it is still on there for all to see that at one point, he fucked with the wrong guy. Hope this helps....now get to it. 1500 is a shitload in Obama's new socialist state, and will go a long way towards mitigating the shock of your increased healthcare costs. :D

Thanks for the info! I'm really glad I started this thread.


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[Tishimself]

Thanks for the info! I'm really glad I started this thread.


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I'm here ta help ya brother..here ta help....:D

(In my best Foghorn Leghorn impersonation) LOL....

[niceguyeddie]

I'm here ta help ya brother..here ta help....:D

(In my best Foghorn Leghorn impersonation) LOL....

Thanks!

Should I threaten to take him to court and give him another chance or just surprise him?


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[Stainless]

$1500 is worth teaching someone a lesson.


CH3NO2

[28eliminator]

Getting a judgement against him probably won't be the hard part. Actually getting paid will be the bigger challenge.


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[McRib]

Do it! Just like everyone has said. On a side note if I'm not mistaken in small claims you can sue for up to 3 times the original amount owed. Do it with an exclamation point.

[Paul65K]

Do it! Just like everyone has said. On a side note if I'm not mistaken in small claims you can sue for up to 3 times the original amount owed. Do it with an exclamation point.
Andrew,

I'll defer to Eli but I think the answer here is that you can sure for anything you want (up to $7,500 in SC Court) but you will only be awarded any real costs/losses you incur as there are no "Punitive" damages awarded in SC court.......and also somewhat limited in regular court unless there are some special circumstances.

On the OP's question, it won't take more than a morning or afternoon to do this and you'll get a hearing before a "Judge" (not really a judge in SC court but the same effect) and if nothing else you'll teach the guy a lesson and he might just pay up once he's been served......it's worth it IMHO

[McRib]

Andrew,

I'll defer to Eli but I think the answer here is that you can sure for anything you want (up to $7,500 in SC Court) but you will only be awarded any real costs/losses you incur as there are no "Punitive" damages awarded in SC court.......and also somewhat limited in regular court unless there are some special circumstances.

On the OP's question, it won't take more than a morning or afternoon to do this and you'll get a hearing before a "Judge" (not really a judge in SC court but the same effect) and if nothing else you'll teach the guy a lesson and he might just pay up once he's been served......it's worth it IMHO

Yeah I knew about a max amount too. Just didn't know the number. My info is based on knowledge of what happened to lawsuits we have lost (the company I work for) over towing incidents. Folks that have sued us and won sued us for 3 times the original amount and was awarded the amount asked for. The number has never been over 5K from what I remember. I will also differ to a lawyer also but I believe the max is 3 times the amount up to the SC predetermined amount. Idk. Def not a lawyer and have very minimal court experience.

sent from the poor house

[Eli]

Andrew,

I'll defer to Eli but I think the answer here is that you can sure for anything you want (up to $7,500 in SC Court) but you will only be awarded any real costs/losses you incur as there are no "Punitive" damages awarded in SC court.......and also somewhat limited in regular court unless there are some special circumstances.

On the OP's question, it won't take more than a morning or afternoon to do this and you'll get a hearing before a "Judge" (not really a judge in SC court but the same effect) and if nothing else you'll teach the guy a lesson and he might just pay up once he's been served......it's worth it IMHO


Yeah I knew about a max amount too. Just didn't know the number. My info is based on knowledge of what happened to lawsuits we have lost (the company I work for) over towing incidents. Folks that have sued us and won sued us for 3 times the original amount and was awarded the amount asked for. The number has never been over 5K from what I remember. I will also differ to a lawyer also but I believe the max is 3 times the amount up to the SC predetermined amount. Idk. Def not a lawyer and have very minimal court experience.

sent from the poor house

Small claims and anything contractual do not allow for punitive damages, with some exceptions. $10,000 is the max in small claims court, May be different based on jurisdiction.

NGE,
If it's a matter of principle, then do it. Just a couple things to think about. First, research how to recover the money from a judgement. Your best option will likely be wage garnishment. In each county the WG is done by a different entity, i.e. sheriffs dept. Second, make sure you're in the correct venue. Venue is determined by which jurisdiction (county) the contract was signed or where the defendant lives. In your area, you're very close to OC and LA. Third, ensure you properly serve him. You can have a friend do it for free instead of a process server. They charge $65+. You just can't do it yourself. Remember to file the proof of service.

Call me if you want me to look it up for you or get you the documents. Small claims court is nothing like judge Judy. From my experience watching people in pro per, judges are very accommodating and understanding, unless you're not prepared. I'm certain you'll be more prepared than some attorneys I know :D

I'd offer to sue the SOB for you, but they don't allow attorneys is small claims court, they want to keep it civil ;) but, I can help you with anything you need. I'm a phone call away. Best time to call me re: work is 8-6. That way I can look things up as we talk.

This will be fun! Well at least for me ;)


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[HB Vic]

I have a couple of judgments I've had for 10yrs or so. I'll sell them cheap LOL


On a side note, if this person is in the retail business, I would highly recommend a till tap. I've never done one but they sure as hell sound like a lot of fun :D

[ilmormark]

Its simple go online to the many small claims court filers cost a couple hundred and they do absolutely everything for you. Once you get the judgement with all the late fee's and extra charges, interest, late payment penalty and the like. Than find one of the many slime balls that buy judgements and sell it off and be done with it.

Real simple no big deal i deal with mortgage brokers and about every 6 months i file 12 of them show up get all my judgements and off i go takes a couple of hours and off i go. By the time im done i actually make a few bucks if its done right.

[HB Vic]

Its simple go online to the many small claims court filers cost a couple hundred and they do absolutely everything for you. Once you get the judgement with all the late fee's and extra charges, interest, late payment penalty and the like. Than find one of the many slime balls that buy judgements and sell it off and be done with it.

Real simple no big deal i deal with mortgage brokers and about every 6 months i file 12 of them show up get all my judgements and off i go takes a couple of hours and off i go. By the time im done i actually make a few bucks if its done right.

Welcome to www.hotboat.com (http://www.hotboat.com)!

[Tishimself]

Thanks!

Should I threaten to take him to court and give him another chance or just surprise him?


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I'm a big proponent in situations like this to never ever show your cards. He's had his chance to do the right thing. Now, that said, after he gets served, he may come to you and cough up the cash, and you have the option (I believe) to cancel the case, ask Eli on this one. Or, at the time of the hearing, out in the lobby of the court, there is a guy who does problem resolution. If you two talk to him (assuming he(the defendant) shows up)you may be able to come to some sort of amicable resolution to this whole thing. It is completely voluntary, you do not need to talk to the resolution guy(gal). That said, if you arrive at a solution, the judge will agree to it and it will be done. Otherwise, go plead your case.


Small claims and anything contractual do not allow for punitive damages, with some exceptions. $10,000 is the max in small claims court, May be different based on jurisdiction.

NGE,
If it's a matter of principle, then do it. Just a couple things to think about. First, research how to recover the money from a judgement. Your best option will likely be wage garnishment. In each county the WG is done by a different entity, i.e. sheriffs dept. Second, make sure you're in the correct venue. Venue is determined by which jurisdiction (county) the contract was signed or where the defendant lives. In your area, you're very close to OC and LA. Third, ensure you properly serve him. You can have a friend do it for free instead of a process server. They charge $65+. You just can't do it yourself. Remember to file the proof of service.

Call me if you want me to look it up for you or get you the documents. Small claims court is nothing like judge Judy. From my experience watching people in pro per, judges are very accommodating and understanding, unless you're not prepared. I'm certain you'll be more prepared than some attorneys I know :D

I'd offer to sue the SOB for you, but they don't allow attorneys is small claims court, they want to keep it civil ;) but, I can help you with anything you need. I'm a phone call away. Best time to call me re: work is 8-6. That way I can look things up as we talk.

This will be fun! Well at least for me ;)


Sent from my Bat Cave

Now as is usual in these matters, when Eli(local legal guru and resident legal eagle) gets here, everything gets answered. She is extremely bright and intelligent, and a doll on top of that. And while I agree with everything she says, I will say one thing. I would have him served by a process server. For some reason, this just gives the case an element of seriousness. Judges like that. It says I know my shit and am not here to waste your time to them. I was told this by an attorney when I called him looking for info on suing someone myself. As Eli said, you can not do it yourself. Have Eli confirm your venue, and if you want, have her help you with the doc prep, so that you go in there and are just able to hand them to the clerk. Anything I can do or answer for you, please hit me up. Also, make sure you have all your ducks in a row when you walk in there, and have your case ready to go. Be clear and concise talking to the judge, and dress to impress. It is court, you are acting pro per yes, but you an attorney for yourself, and respect for the judge and his or her court is noticed. Now get to it....:D

[Slacker]

We had to file against an excavator years ago in Colo. We won without a lawyer but they appealed so we got a lawyer and still ending up winning. Our lawyer put liens against his properties, we got our full amount we sued for plus interest, court costs and lawyer fees. They had some of the property for sale and when they went to close on it,,,surprise there's a lien.

[Eli]

I have a couple of judgments I've had for 10yrs or so. I'll sell them cheap LOL


On a side note, if this person is in the retail business, I would highly recommend a till tap. I've never done one but they sure as hell sound like a lot of fun :D

Did you get them reissued?

[Eli]

http://www.courts.ca.gov/selfhelp-smallclaims.htm

This should be a great place to start.

[Eli]

Have Eli confirm your venue, and if you want, have her help you with the doc prep, so that you go in there and are just able to hand them to the clerk. :D

Hyde Swigart & Tishimself, APC is my new firm name. LOL

I'm just busting your chops ;) I'm happy to help.

[HB Vic]

Did you get them reissued?

I did for years. Gave up


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[Tishimself]

I did for years. Gave up


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Sell them to an east coast collection agency....:-D:-D:-D

[Universal Elements]

Would any of you take someone to small claims court over $1,500? Some dip shit owes me money, I have valid proof and I'm sure I'd win.

I think I wanna do it more to prove a point, but I don't know if it's worth the time and energy. $1,500 isn't just pocket change, then again it's not enough to ruin my life. I just don't like knowing someone fucked me and got away with it.

Would any of you peruse a suit or just be the bigger man, move on and let karma get him?

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NGE

Before you do anything, send him a certified letter demanding your money. It will be the first thing the small claims court asks on the application anyways. Do you think he has the money to pay you, but just doesn't want to? Does he have any asset's? Honestly, for $1500, I would go a different route.

[niceguyeddie]

Thanks to everyone for the info and another thanks to Eli for all the info and help today over the phone! Definitely a nice group of people here!

Universal elements,

I think he has the money. I will be sending him a letter next week.





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[Slacker]

Like many other people have said....Getting a judgment is one story, collecting on it is another. I say let it go. Or at least make up some bullshit to sue for.....contact "John" on RDP if you need some ideas. ;)

Like I said,,,if you win judgement than put a lien against their properties for the judgement and interest. Worked for us.

[Eli]

Thanks to everyone for the info and another thanks to Eli for all the info and help today over the phone! Definitely a nice group of people here!

Universal elements,

I think he has the money. I will be sending him a letter next week.





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You're very welcome! One step at a time. This will be fun. I may even come watch you in court. ;)


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[nowski]

Its not always the amount of money owed it's The Principal!!!

[Tishimself]

Like many other people have said....Getting a judgment is one story, collecting on it is another. I say let it go. Or at least make up some bullshit to sue for.....contact "John" on RDP if you need some ideas. ;)

Well, true, but to a point. If he is a halfway responsible guy with a decent score, he will want to protect that at all costs. Having a judgement on your TRW does amazing things to it. None of them good. He can kiss his hard earned score bye bye. They can attach his wages, if he has a job....there are ways to get her done. I do believe some rather unscrupulous collection agencies will buy the account from you also...after that, he truly is fucked. If you are going to send him a letter, make sure to advise him that he has a finite amount of time to amicably resolve this.......hope this helps....

[niceguyeddie]

The guy ended up calling me a couple days ago and said he'd pay me this week. He began to cry poor mouth and said he can't pay the full amount but we agreed on a number. I'll let you guys and gals know if we resolve this.