Small claims court?

[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

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....