So...ever go to small claims court? Going on Thursday...someone passed some bad checks at work and we're going to try to get it back, about 3 grand...have a good trail of evidence/emails/etc so it should be a no-brainer. BUT, apparantly she tried to pay and she said she didn't have money (business owner) and had trouble paying her rent for her space...can I attach a levy or something on her business? I wonder if she'll even show...she owes the money, and she knows it. We'll probably get a judgement against her...collecting may be a different issue if she's a deadbeat. I've been to small claims for work as a defendant, we won really easily and the plaintiff was crying and shit. I suspect a similar scenario will play out.
I have a side business in residential rental properties, so I'm in SMC two to three times a year. It's pretty much governed by the Law Of Common Sense more than the strict definition of the law. Some judges will just split the complaint down the middle, some really hate welchers and some actually try to solve the problem. In short, it's a crap shoot. Go early and see how the judge rules on some of these cases, and plead accordingly.
yeah, we're the plaintiffs though. accounting wanted us to see if we could get additional damages for some reason, I just want to recover the checks + court costs.
The key is to have proof of your claims - documents, emails, even a witness (though less valuable in small claims), have it well organized and simple to follow, and to be logical and not emotional.
going in tomorrow AM. Bringing the following: 1. Trail of emails (agreement to purchase with pricing, then email notifying of NSF, then her excuse, then 2nd attempt to deposit, then notify again of NSF demanding fees, repeat 3x) 2. Checks with bank notification of NSF emails are in order with me writing a date on the emails in big letters with a 4 word summary (i.e. agreement to buy and pricing)..ok 5 words. I'm thinking she won't show, she has nothing to argue really. Thinking I'll get a judgement and then can attach a lien or something on her bidness.
I made her sign a contract where things were as is and she can't return the shit...i can't find where the fuck that went. I'll look for it, but I feel the emails are proof enough. she's already offered to try to give the equipment back to me, but its already been sold and used by her. I'm thinking I'll take back the shit if she pays me 75% of the 3 grand she owes. then I can probably resell it again. not sure....that might be too much work, but that's my line in the sand, so to speak.
Its not my place to offer the payment plan. I asked for a payment schedule, and she could have interpreted it as she saw fit. I even attempted to get $500 or whatever she would pay as in good faith but she claimed she didn't have any money. If I was able to get a payment plan, I'd probably take that...but it has to be within 3-4 months with interest since the time of the bounced checks and on-going. Right now, its the best bet to get a judgement and deal with it that way. She seems like a deadbeat at this point in time and I don't want to waste any more time calling, emailing or chasing her for money. Her checks have proven to bounce, that's why I demand cashier's checks now. This is kind of minor, not worth the time to keep on prolonging the matter. The financial manager at work wanted me to try and get additional damages, I just want it to be over already, such a waste of time to keep on hounding.
sweet. i found the indemnity agreement they signed when they bought the shit. i have a laptop access card so i might post from the court room if there are a lot of cases.
posting from court. she actually showed up, said she went out of biz....i think she's lying. she's an LLC....anyway her argument is the stuff I sold her was overpriced (could buy for $2300 new), which is bullshit.....most of the stuff was 30-40% off brand new....too bad I have a signed form from her that says everything is sold as is.
i'm sitting in the courtroom waiting for my case to start. judge asked us to perform discovery so we went in the hallway and exchanged our evidence, just asked a few questions. right now its some chick suing over a broken heel on a Gucci shoe?? wtf?
what the fuck man, these people are arguing about a broken fucking gucci shoe for like 30 minutes. like the heel broke and the're suing the shoe repair store owner. this is rediculous.
chick i'm suing is actually not bad looking. i'm being nice and civil to her, just want to win. the bookkeeping lady at work must be jealous, she hates the person we're suing and wanted me to go for additional damages, saying she's a bitch, etc
damn, these people in court are so stupid. they always interrupt the judge, they talk way too long, repeat themselves.
