One of the reasons I put my blog together is I just wanted someplace to put down the things I know that I either had to learn the hard way or had to look all over to find out when there's really a short and simple answer to it. Also so I could gratuitiously include clips from movies like "Liar Liar." (I really need a spell check editor for this thing though.)
Suing in small claims is one of the things I had to look all over for but found out it was very easy, so I decided to put it here. I can be an extremely argumentative person when I finally get cut loose and found in a court of law where "anything goes" (in other words, if you're going to argue your point, this is the place to do it) I found I was very good at it. I rather enjoyed running intellectual circles around the highly paid not-so-friendly people who were trying to shaft me.
The rules for suing in small claims court vary from state to state but there are some generalities.
First, before you even do anything in life, read everything you sign all the way through. Underline, ask questions, refuse to sign things you don't agree with. TAKE YOUR TIME. This is how you avoid having to go to court most of the time in the first place. If you don't feel comfortable: walk out. You don't have to and shouldn't do something you don't feel comfortable doing. When I was buying my last van, they had the paperwork wrong and actually owed ME $3,000 for the van they were selling ME that I didn't even own. When I pointed the mistake out, they quickly changed it. Usually people will try to rush you through things by saying "this just says that...." and by LAW they are required to let you read it. Anyone pressuring you on a contract can be sued for duress, however proving coercion or duress is very difficult, so just do it right the first time. It saves a bunch of headaches later. If you need to take your time, enlist the help of having an attorney read over contracts for you and pay the extra $100 or so to ensure everything's in order and tell people that you're going to have an attorney look this over before you sign it. If they don't like that? Walk out!
Second, document EVERYTHING you do in life of significance. Keep files. Keep lists of witnesses on major life events from births to move-ins to move-outs, take pictures. Anything you're doing that you know there could be a contestation later, take your time and save your paperwork. Scan, file, be organized.
Small claims are usually used to resolve cases involving claims of around $2,000 to $7,000 and this varies from state to state.
When it comes time to sue you're going to need to head to your county courthouse for the COUNTY IN WHICH THE OFFENSE OCCURRED. So if you've moved 300 miles away and it was a concern over being unfairly billed by the apartment complex you moved out of, you're going to have to have the case heard IN THE COUNTY COURTHOUSE in the county where this occurred.
Now, your case can be heard by phone as well if commuting to the courthouse is going to be difficult for you but you will have to follow the instructions on your paperwork to request this happen, but there's other things to do before this.
Suing someone in small claims can take anywhere from a few weeks to a few months. And if you're doing what you're supposed to, before you even got to the point of filing it will probably have already been a few weeks or a few months. Beware of the statute of limitations. You shouldn't be waiting months or years to resolve issues in your life and if you wait too long you may not be able to do anything about it. That just gets you in trouble. Your paperwork at the courthouse to file should talk about the requirements to file suit including the statute of limitations. The clerks at the courthouse can answer the question for you on this as this can vary from state to state as well. In short? Be organized and don't wait.
Before you can sue someone you are going to have to certify on your paperwork when you file that you have exercised "due diligence" and made a "good faith effort" to resolve this issue outside the courtroom. This means you will have to document your efforts to collect or resolve this, things said, conversations, phone bills proving you made the calls, copies of letters, certified mail receipts saying you sent them, EVERYTHING. Simply saying "oh, Your Honor but I TRIED to talk to them, I SWEAR" just won't work. PHOTOCOPY CORRESPONDENCE. BUY A GOOD SCANNING PRINTER. BE ORGANIZED. If you have witnesses, you better round them up and ask if they will be available before you even start all this. If they can't, you will want statements with as much relevant detail as possible and the statements will have to be NOTARIZED. You can find a notary public often times at Postal Annexes and the cost to have something notarized is like $5 or so. The people making the statement will have to be present and show ID and then affirm that they made it and then the paperwork will be stamped with the notary's seal.
To file a claim you will have to pay a filing fee which can be from $30 to $75 depending on where you live.
When it comes to suing a company, I.E. an apartment complex, you're going to have to locate the "REGISTERED AGENT" for the company. The Registered Agent is the representative of the company who receives all the nasty little letters on behalf of the company letting them know they are being sued. You will have to know this information before you file your paperwork. You will need the Agent's name and address. As much as you'd like to send it to the manager of the apartment who was screwing you over, it doesn't go to them. Registered Agents can be found with a net search or by looking on the Secretary of State website for the state the company is headquartered out of.
If it's a private party, enter the name and address of the individual you are suing.
You will have to enter an amount you wish to sue for. Emotional Damages? Not gonna fly. But you can sue for costs incurred, whatever, but be prepared to make your case for the amount you're suing for. Additional information on allowed amounts can also be found on the paperwork when you file or you can again call the clerks at the courthouse if you have questions. You will be able to sue for the filing fee and delivery fees as well but KEEP EVERYTHING ORGANIZED!
If you don't have a safe, get a safe. The fireproof two foot by two foot ones cost about $300. Keep your paperwork in a very secure place.
THEN, after you fill in your paperwork you will have to mail them the notice (included in the paperwork you're filing) that they are being sued. It needs to be sent by CERTIFIED MAIL *OR* for a bit extra (like $40 or so) you can have a Sherrif's Deputy hand deliver it to the individual if you feel like being obnoxious and have money to burn and want them to remember you.
Then? You wait.
They typicallly have about 3 weeks or so from the date the letter is delivered into their hands to respond that they are going to pay or if they wish to see you in court.
If they don't respond? You win! And then good luck collecting. You're on your own on that one because that hasn't happened to me yet.
If they respond they wish to see you in court, then the court will have to set a date for you to go to your hearing. Now you're waiting another several weeks to couple months. Depending on the laws in your state or county, you may have to go to ARBITRATION first before you can even hash it out in court. ARBITRATION means you meet in a room with a neutral third party and see if you can work something out without seeing the judge first. If you can't come to an agreement, THEN you set a court date.
And then you wait some more weeks to a couple months for THAT date.
When you go to court, attorneys aren't allowed. Just you and them and the judge. You can consult with an attorney on your own outside the courtroom (and pay out the nose to do so) but they can't come in with you. You can bring your witnesses or any relevant evidence or statements, instructions regarding them will be sent to you by the courthouse before your hearing date. Dress nice. Follow protocol. Don't talk over the judge. Show respect. Don't talk over the other people. And realize that simply whining "THATS NOT FAIR" may not get you what you want. Make sure you have all your ducks in a row before you go. And then? Let it play out and hope for the best!
In the end? Suing someone in court is very easy, but making sure you've followed the law or that a law has actually been broken is the hard part. Since the number of laws that can be broken are so numerous I can't even list them here. That takes more research. But in short? This is how it goes. Easier than it sounds and a lot of companies get away with a lot of shenanigans because people don't know what they are doing and figure it costs more and is harder than it really is. Just be organized and pay attention and that solves most of your problems to begin with. But beyond that, have at it! Be honest and good luck!
