Small Claims
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From: Glendale
Small Claims
Found a functional legal site, check out Legal Webpage : Small Claims (www.civiltree.com) if you need help filing a small claims. I recently filed one against an EBAY(er) that failed to ship my products (got paid in full and Paypal did nothing). Got a court date next month.
Cool legal site you can use. Also, you can talk to expert attorneys for free.
Just FYI (protecting S2K Users)
Cool legal site you can use. Also, you can talk to expert attorneys for free.
Just FYI (protecting S2K Users)
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bumping an old thread for info..
that link is long gone.. anyone have any info on other free small claims sites?
also.. quick question.. i live in Los Angeles but want to file a small claim against a big electronics store in san jose (as thats where the store in question is) and i think i have a pretty good case against them. amount is for $600. probably not worth pursuing as a bus ticket to there and back is around $110.. would u pursue it?
that link is long gone.. anyone have any info on other free small claims sites?
also.. quick question.. i live in Los Angeles but want to file a small claim against a big electronics store in san jose (as thats where the store in question is) and i think i have a pretty good case against them. amount is for $600. probably not worth pursuing as a bus ticket to there and back is around $110.. would u pursue it?
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Joined: Aug 2009
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From: West Los Angeles, CA
^^ Sueing Frys? 
I've been through the small claims process once before but it was a lot of years ago now. In my case it was a local service provider. Not only did I win the case, but I even collected too (the latter of which is apparently way more rare than I realized).
When I went through it, there were two resources I used frequently: NOLO press book on small claims in California, and the small claims court help/advice line. This was during the days of AOL and 56k dial up connections, so there wasn't much to be done online yet. I was on the phone to the advisors a lot. And the hold times then were INSANELY long. Like 45 minutes or more.
As it turns out, I may have to avail myself of this process again soon myself. Here are the resources I would look at now:
http://www.nolo.com/legal-encycloped...urt-31694.html
http://dcba.lacounty.gov/wps/portal/...llclaimsadvice
The one thing I remember very distinctly was that it was a giant time suck and a bit of a pain to make sure I met all of the deadlines, submitted appropriate forms, hired process servers (I just used the sheriff's since it was easiest) and submitted more forms, then filed the judgment with the county clerk/recorder to put a lien on the assets of the defendant (aka losers) until I got paid. So if you have the time to do it all and you want to jump through all the hoops, then definitely exercise your rights. In my situation we were out $6000. The small claims limit at that time was $5000, iirc, so I simply requested the maximum, plus court costs, and that's what we got. I think the limits are higher now.
I don't think I would go through the hassles again for $600, knowing what I know now about the process, but that's just me. I think you should call the advice line and first find out how you go about filing and then decide. Since it's a corporation you are dealing with, it's different from an individual or a DBA. But you can find out the process and then decide if it's worth it to you. Seems to me you should be able to have the case heard locally and don't have to go to San Jose, but the advisors can tell you.
I've been through the small claims process once before but it was a lot of years ago now. In my case it was a local service provider. Not only did I win the case, but I even collected too (the latter of which is apparently way more rare than I realized).
When I went through it, there were two resources I used frequently: NOLO press book on small claims in California, and the small claims court help/advice line. This was during the days of AOL and 56k dial up connections, so there wasn't much to be done online yet. I was on the phone to the advisors a lot. And the hold times then were INSANELY long. Like 45 minutes or more.
As it turns out, I may have to avail myself of this process again soon myself. Here are the resources I would look at now:
http://www.nolo.com/legal-encycloped...urt-31694.html
http://dcba.lacounty.gov/wps/portal/...llclaimsadvice
The one thing I remember very distinctly was that it was a giant time suck and a bit of a pain to make sure I met all of the deadlines, submitted appropriate forms, hired process servers (I just used the sheriff's since it was easiest) and submitted more forms, then filed the judgment with the county clerk/recorder to put a lien on the assets of the defendant (aka losers) until I got paid. So if you have the time to do it all and you want to jump through all the hoops, then definitely exercise your rights. In my situation we were out $6000. The small claims limit at that time was $5000, iirc, so I simply requested the maximum, plus court costs, and that's what we got. I think the limits are higher now.
I don't think I would go through the hassles again for $600, knowing what I know now about the process, but that's just me. I think you should call the advice line and first find out how you go about filing and then decide. Since it's a corporation you are dealing with, it's different from an individual or a DBA. But you can find out the process and then decide if it's worth it to you. Seems to me you should be able to have the case heard locally and don't have to go to San Jose, but the advisors can tell you.
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thx for the info.. its actually Best Buy I'm sueing.. i spoke with advice line for small claims from san jose and my area as well and unfortunately the case has to be filed up north.
I'm probably not going to pursue this case but thats good info for myself (for future reference) and whoever here may need it.
I'm probably not going to pursue this case but thats good info for myself (for future reference) and whoever here may need it.
Joined: Aug 2008
Posts: 3,841
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From: Texas
Im in Texas so it might be a little different but I have just filed a small claims suit a couple months ago against a local body and tire shop. They damaged/scratched my new wheels when mounting new tires. My car was at a body shop and they 3rd partied to the next door tire shop who damaged my wheels. I found a nearby attorney and spoke with him 1st. Texas has upped the limit to $10k in an effort to provide more relief for the bigger courts and have changed some of the legal jargon to make small claims easier for the everyday citizen with no legal training. They have also made it more enticing for lawyers to represent you and I in small claims courts. So far I paid a $500 retainer that covers all of the initial paperwork, a legal demand letter, and the 1st 2.5 hours of labor/research. In my situation, it is pretty cut and dry so there is not a whole lot of research that is needed. The tire shop has 60 days to respond to the letter, otherwise, I go to court and with a reasonable demand based on damage, I win! The tricky part, so I am told, is collecting your winnings!
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