Small Claims Court

[Elmorton]

Have you ever taken someone to small claims court? What was it like? What was the outcome? What did you not expect about the process?

DH and I just filed...we''re hoping that it will just compel the person to fix the problem and try to settle the matter out of court, but nothing ever happens the easy way for us! Just wondering what others'' experiences are.

 

[neatfreak]

I haven''t but I have helped many clients through the process through my work as a volunteer housing counselor...usually tenant landlord issues. I can try answer questions if you have specific ones...but usually throw out most of what you think about court, insert a Judge Judy-esque case, and usually slightly less stupid people, and that''s how it goes.

Usually much more about documentation than anything else.

 

[Elmorton]

Haha, I like your description. I was so happy that we avoided court with our landlord (btw, thanks again for your advice on that thread, Neatfreak!) but I think it''s probably going to happen with this other matter. Luckily, we made sure we had everything in writing, so I don''t think paperwork/documentation will be a problem for us...I think the issue is going to be actually getting the funds/repairs.

 

[neatfreak]

Date: 12/5/2008 9:34:18 PM
Author: Elmorton
Haha, I like your description. I was so happy that we avoided court with our landlord (btw, thanks again for your advice on that thread, Neatfreak!) but I think it''s probably going to happen with this other matter. Luckily, we made sure we had everything in writing, so I don''t think paperwork/documentation will be a problem for us...I think the issue is going to be actually getting the funds/repairs.

Yeah, that''s the problem with small claims. Even if you win, you then have to collect, which can be an even bigger pain. Find out ahead of time what/how you can get a garnishment in your state if you need to.

 

[Elmorton]

Stupid question: by garnishment you mean garnishing wages? I think our biggest concern is that we''re suing the "company" that the contractor who flipped our house had with his partner...but they''ve moved out of the house-flipping business (ours was their last) and moved on to other pursuits (still self-employed). So..I''m sure garnishing wages from people who are self-employed/going after a company that is now somewhat defunct is going to be a major pain in the rear. Basically, DH and I figured that we''ll probably see the total $ in about 3-4 years if they garnish his wages. Yuck.

 

[that_someone_special]

My BF had to. It was the dumbest thing ever. He WON, the judge actually laughed and yelled at the other person, and still, she did not want to pay. This was like 2 + years after the problem. Eventually a family member of hers offered him cash (1/3 of what he was supposed to get) and he ended up taking it, since the court thing is SO SLOW, costs money (even though you can get it back)... Augh.. it was just such a hassle.

GOOD LUCK THOUGH!