Small claims court?

**Tishimself** · 02-06-2014, 08:35 AM

Originally Posted by niceguyeddie

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.

Originally Posted by Eli

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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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....

**Slacker** · 02-06-2014, 09:11 AM

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** · 02-06-2014, 09:44 AM

Originally Posted by Hotboat

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

Did you get them reissued?

**Eli** · 02-06-2014, 09:45 AM

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

This should be a great place to start.

**Eli** · 02-06-2014, 09:49 AM

Originally Posted by Tishimself

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.

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

I'm just busting your chops

I'm happy to help.

**HB Vic** · 02-06-2014, 09:50 AM

Originally Posted by Eli

Did you get them reissued?

I did for years. Gave up

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**Tishimself** · 02-06-2014, 10:03 AM

Originally Posted by Hotboat

I did for years. Gave up

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

**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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**Slacker** · 02-07-2014, 08:05 AM

Originally Posted by GRADS

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.