Small Claims Court (legal advice) - Page 2

btmagnetw · #11 08-08-2007, 08:04 PM

RollTideTyler,

i am leaving the city (for good) in 3 days, and leaving the country until the end of the year in 3 weeks. impossible to go through with the process? should i file the claim in the hopes that they will pay up to avoid court? actually, after my phone calls with the owner, i think the chances of this happening is ~0%.

doucy · #12 08-08-2007, 08:04 PM

Anyone know the % turnout for these court cases? I have heard multiple times that defendants often don't show up, but I have no data to back that up.

Also, bmagnet, how would you plan on convincing the judge to award you damages? Seems like your pants could have been misplaced/stolen by any one of several parties.

guids · #13 08-08-2007, 08:06 PM

[ QUOTE ]
Anyone know the % turnout for these court cases? I have heard multiple times that defendants often don't show up, but I have no data to back that up.

Also, bmagnet, how would you plan on convincing the judge to award you damages? Seems like your pants could have been misplaced/stolen by any one of several parties.

[/ QUOTE ]

The guy didnt turnup for mine, basicalyl from what I understand if he is legally served by the sherrifs dept, and doesnt show up, you automatically win. I could be way off though.

btmagnetw · #14 08-08-2007, 08:07 PM

[ QUOTE ]
Also, bmagnet, how would you plan on convincing the judge to award you damages? Seems like your pants could have been misplaced/stolen by any one of several parties.

[/ QUOTE ] is it possible to be neither company A nor company B's fault? Company B has records of taking my pants, cleaning them, and dropping them back so i don't even feel like i want to sue them, but i don't know who legally is responsible.

edit: you don't automatically win if they don't show up, must still provide evidence.

RollTideTyler · #15 08-08-2007, 08:20 PM

[ QUOTE ]
RollTideTyler,

i am leaving the city (for good) in 3 days, and leaving the country until the end of the year in 3 weeks. impossible to go through with the process? should i file the claim in the hopes that they will pay up to avoid court? actually, after my phone calls with the owner, i think the chances of this happening is ~0%.

[/ QUOTE ]

the case would have to happen in the city where the "incident" occured. And if you are leaving the country in 3 weeks, then no, no chance it will all happen that fast.

Even if things work faster for you than they did for me in terms of getting a court date, this company can just ask for a continuance and they will get it no question. But i doubt if you went and filed the paperwork before the weekend, that this company would get their paperwork, respond to it, and a court date set within 3 weeks.

But again, thats just based on my experience, it could be way different for you. Maybe go to the district court and ask how long it would take?

And from my understanding, if this company responds to your claim and says they will show up to court to plea not guilty and argue the charges...and they infact dont show up at all...you will get awarded the money as long as your claim isnt rediciulous far fetched. That would be my geuss, but i never had that happen so i dont know for sure. The ladies at the office just explained to me if i dont show up, that the judge would award the other guy the money, but i could just file an appeal and start it all over. I too was about to leave the city when this all happened for me, i ended up just getting a continuance for about 3 months later.

good luck and let me know if you have any other questions...but i have a feeling there are some lawyer types around here who could help ya even more

doucy · #16 08-08-2007, 08:24 PM

[ QUOTE ]
[ QUOTE ]
Also, bmagnet, how would you plan on convincing the judge to award you damages? Seems like your pants could have been misplaced/stolen by any one of several parties.

[/ QUOTE ] is it possible to be neither company A nor company B's fault? Company B has records of taking my pants, cleaning them, and dropping them back so i don't even feel like i want to sue them, but i don't know who legally is responsible.

[/ QUOTE ]

I just feel like if you take A to court, the judge might not think there's enough evidence to prove it wasn't B, and if you take B to court the judge might not think there's enough evidence to prove it's not A.

Just seems like you're taking a shot in the dark hoping to get lucky.

btmagnetw · #17 08-08-2007, 08:28 PM

hardly a shot in the dark, as any reasonable person can see that the dry cleaning was mishandled and given to someone else in the apartment complex. esp considering that i got someone else's laundry before in the same fashion. odds that company B lost it are ~0% but legally, i don't know if its still their responsibility. don't think so though.

[censored] it, don't think this will work out then. [censored] chelsea cleaners.

NLSoldier · #18 08-08-2007, 08:30 PM

i know its more about the principle than the money but this seems like a gigantic waste of time/effort for $130.

XXXNoahXXX · #19 08-08-2007, 08:40 PM

I would go pick up all the forms for filing the claim, fill them out and bring them with you to the cleaners or wherever you can talk to the boss.

Tell him that he can either cut you a check for the fair value of your pants or he can see you in court, because all you need to do is drop these forms off at the court house.

I think this is the best you can do given the time frame.

Also, sue him for 67 million

<font color="white">I didn't read the full thread was that joke used already? </font>

RollTideTyler · #20 08-08-2007, 08:42 PM

yea i agree with everyone saying just let this one slide.

I ended up winning my case, but spent more on travel costs and court costs than what was awarded to me. I did it out of principle though as i refused to have money stolen from me.

My advice would be to threaten legal action and maybe try to get them to settle on something. Someone else said that most people want to try and avoid going to court, and i think thats a pretty accurate statement. Maybe they would settle and pay you for 1/2 or something. But given your future travel plans, going through small claims just doesnt make sense and it is just going to frustrate you more.