Small Claims Court (legal advice)

[btmagnetw]

from: http://law.freeadvice.com/small_clai...ourt_cases.htm

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Small Claims Courts frequently hear disputes such as these:

(1) the laundry loses a customer's shirts but refuses to pay for them, or is willing to pay an amount that the customer thinks is inadequate;

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but also:
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Small Claims Courts typically can hear disputes that involve amounts that range from $1,000 to $5,000.

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story: i live in an apartment complex with a room designated for dry cleaning. the room is not run by the apartment, but by Company A. i don't like the way Company A does dry cleaning so i've been going to Company B. I drop off my dry cleaning at the room of Company A and Company B comes to pick it up. they then drop it back in the room and i pick it up.

I dropped off 4 shirts and 1 pair of pants a week ago. when i got it back, it was just the shirts. Company B has records showing what was dropped off, and at what time on what day, but no one signs anything over.

most likely, someone from Company A grouped the pants with the wrong dry cleaning and gave it to someone else. its been a few days so it looks like that person isn't going to return it.

i'm out one pair of pants. Company B said its out of their hands since they dropped it off. Company A said its not their responsibility because they have no proof of receiving any clothes from anyone, so i can't claim they lost it.

the pants were $130, but this is out of principle because i'm pissed the [censored] off at the dry cleaning companies. can i go to small claims court? is it worth it? do i just suck it up and buy new pants?

[daryn]

hmm interesting, i'm also thinking of going to small claims court because one of the car dealerships i was talking to won't refund my $500 deposit. you don't need a lawyer for that kind of stuff, right?

[stabn]

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hmm interesting, i'm also thinking of going to small claims court because one of the car dealerships i was talking to won't refund my $500 deposit. you don't need a lawyer for that kind of stuff, right?

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That is my understanding.

[btmagnetw]

another big problem is this is in new york, but i was only here for the summer. i'm leaving on saturday. i feel like this will be way too much work but i'm really [censored] pissed that someone can lose my pants and i receive nothing.

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you don't need a lawyer for that kind of stuff, right?

[/ QUOTE ]from some websites, it seems you can go to a court and fill out a form yourself, if you want.

[guids]

no, you dont need a lawyer for this stuff, but it is a lot of paper work, and sometimes a pain in the ass. I succesfully sued some douche w/o insurance for 2k who hit my car, it was a lot of legwork, but I was fully re-imbursed for court costs etc. Over a pair of pants, I wouldnt worry about it. when you go to the courthouse small claims division ask the ladies at the window, they will help. They even gave me a little booklet outlining what I need to do.



Daryn,


If I were you, and you did nothing wrong, fake some letterhead from a law firm, bring it to the dealership, and demand your money back w/ letter threatening to sue.

[JasonK]

How do you know some other tenant didn't just steal your pants?

[aladare]

I'm am not an attorney but have taken many pre-law classes,etc...and i'm in my 30's so i have experience. No you do not need a lawyer at all! waste of money. Draw up legal papers- the local courthouse library can help you with this...and just "threaten" the company A with refunding your pants. I don't think you have proof to actually go to court IMO.
-amber.

[btmagnetw]

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How do you know some other tenant didn't just steal your pants?

[/ QUOTE ]someone mans the room where the dry cleaning is. even if someone did, isn't the company still responsible for my stuff?

[RollTideTyler]

i went through a small claims court process in Pittsburgh about a year ago, so this is what it was like there...not sure if it is any different where you are though.

you go to the district court or the magistrates office (same thing?). they give you a form to fill out and you basically give the name and mailing address of the defendant and a very brief description of what you are claiming, including the total $ ammount of what you are claiming. Basically... "Pants were taken from me...$130"

I think there are some costs involved in the process, 10-30 bucks, i cant remember exactly. They mail paperwork to the defendant and when they respond, a court date is set and you appear in front of the judge.

It was VERY informal in the sense that you get sworn in and you dont need a lawyer. The judge basically asks questions after each side says their side. My case had no minutes taken of any kind. The judge then mails his decision to each party a week or so later.

In my case, i was the defendant. But due to the fact that what i was being sued for was insane, and the plantif actually owed me money...i filed a counter claim, so i got to go through the process of being on the plantiff side as well.

Hope this helps

[astraube]

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hmm interesting, i'm also thinking of going to small claims court because one of the car dealerships i was talking to won't refund my $500 deposit. you don't need a lawyer for that kind of stuff, right?

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actually, attorney's aren't allowed in the majority of small claims courts. it is for the parties to work out.

sending a letter on an attorney's letterhead does a lot of good. people typically don't like being sued, or going to court.