Small claims court?

**niceguyeddie** · 02-06-2014, 02:22 AM

Originally Posted by Tishimself

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

(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** · 02-06-2014, 05:40 AM

$1500 is worth teaching someone a lesson.

CH3NO2

**28eliminator** · 02-06-2014, 06:22 AM

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** · 02-06-2014, 06:38 AM

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** · 02-06-2014, 07:21 AM

Originally Posted by 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.

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** · 02-06-2014, 07:29 AM

Originally Posted by Paul65K

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.

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**Eli** · 02-06-2014, 07:46 AM

Originally Posted by Paul65K

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

Originally Posted by McRib

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

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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**Universal Elements** · 02-07-2014, 12:23 AM

Originally Posted by 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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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** · 02-07-2014, 01:55 AM

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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**Eli** · 02-07-2014, 08:15 AM

Originally Posted by 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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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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