Posted by Nicole_NCali on 7/25/05 9:05pm
Msg #54596

Why do SS act surprised after being served for small claims?

I just had a SS who screwed me for $150 served with small claims in Richmond,CA. The owner called me and started the process of trying to mediate on my action. I explained that since my 5 invoices which were both faxed and mailed certified were ignored, I figured he wanted to go to court. This kind of blew his debt dodging mind.

We went over the invoice again. I am really not in the mood with dealing with this bozo on the phone, so I just stated "let's just have the judge/pro tem handle this in court" He hangs up, calls my cell again and wants to do the bargaining thing. I explain once again, mediation was supposed to happen 3 months ago. I put a warning on my collection letters l "please remit xx within 5 business days to avoid legal action" I think he thought I was playing with him.

Good thing they are located in California. Yet, the out of county serve cost me $150.

By the way, I can't reveal the name of the defendant, he could countersue me for liable or whatever the term may be.

Reply by Becca/FL on 7/25/05 9:12pm
Msg #54597

Just curious, how old was the debt?..........n/m

Reply by Nicole_NCali on 7/25/05 9:31pm
Msg #54600

120 days old debt.

Some states allow for up to 3 years to collect on a debt as far as court action. I am not wasting any time with this jerk. He kind of pissed me off with his attitude and the hanging up of the telephone when I called about my money.

Reply by Melody on 7/25/05 9:35pm
Msg #54601

Good for you!

Don't forget to ask for your late fees in court!

Reply by Rick_NY on 7/25/05 9:43pm
Msg #54604

Re: Good for you!

Late feels and to be reimbursed for your court costs.

Reply by CaliNotary on 7/25/05 9:58pm
Msg #54606

Re: Good for you!

Nicole is our resident expert on filing small claims cases, I'm sure she knows exactly what to ask for.

She posted a wonderful post a month or two ago with tons of info on how to go about filing a case. Definitely worth searching out for anyone who is considering legal action to get paid.

Reply by Martha_AZ on 7/25/05 10:43pm
Msg #54622

I understand you not wanting to mention the defendant but maybe you could sign on as anonymous and post a warning about this company so none of your other sa's get stuck.

Reply by Nicole_NCali on 7/25/05 10:55pm
Msg #54626

Posting anon..against my principals

I won't mention the SS by name but is was definitely a no no company.

I am just a litigious nutcase who will haul your butt to court if you start the game of no pay game.

Reply by Ernest_CT on 7/26/05 2:34am
Msg #54666

Good for you, Nicole_NCali!

By taking the deadbeat to court you not only get _your_ money, you send a message for NSAs everywhere!

I'd like to read the your previous post(s) about filing small claims actions. Do you happen to remember the date(s), post number(s), or a handy way to find it/them?

Thanks!

Reply by BrendaTX on 7/26/05 4:05am
Msg #54669

Re: Good for you, Nicole_NCali! - Ernest...

Try Msg #53119

Reply by BrendaTX on 7/26/05 3:16am
Msg #54667

Re: Posting anon..against my principals

Nicole Said: "I won't mention the SS by name but is was definitely a no no company.
I am just a litigious nutcase who will haul your butt to court if you start the game of no pay game. "
===========
Nicole, You are truly helpful to all of us. I appreciate your input on this board. There should be many, many more litigious nutcases like you.

Thanks for taking the time to share.

Reply by Paul/MD on 7/26/05 9:55am
Msg #54716

Public Record


I do small claims all the time. Once the Defendant has been served... it is Public Record and anyone can search the case to obtain all into.

I sugges that once you win the suit to scan the Civil Judgment and provide a link to it for everyone to see what these bozoo's are doing to NSA's.

Reply by BrendaTX on 7/26/05 10:07am
Msg #54719

Re: Public Record - Paul...care to share?

If you have any you'd care to share...we'd love to peer at them.

Reply by Terri - CA on 7/26/05 11:57am
Msg #54756

Nicole - will you have to go to Richmond to appear in Court to plead your case before the Judge or can you send a representative?

Terri
Lancaster, CA

Reply by Nicole_NCali on 7/26/05 12:13pm
Msg #54763

In small Claims..no lawyers

Hi Terry,

In small claims, you the plaintiff will have to appear, no lawyers are to appear for you. This venue is for people who can't afford lawyers and have a very simple case like NSA's can be, we haven't been paid for our services. The california small claims is one of the most efficient venues in the US.

Reply by Ernest_CT on 7/26/05 1:23pm
Msg #54787

Warning: Lawyers in Small Claims

From what I've seen, lawyers _may_ be allowed to argue in Small Claims Court in some states. Before you think you will be in court facing just the deadbeat do the research for your state.

Reply by Nicole_NCali on 7/26/05 1:34pm
Msg #54793

No Lawyers in small claims for California

If the defendent sends a rep such as a lawyer, the protem will ask the individual to have the owner show up in court. The basis of CA small claims is for pro se plaintiff and pro se defendents to either mediate or have their case heard by either a protem or the judge.

Reply by Terri - CA on 7/26/05 2:43pm
Msg #54814

Re: In small Claims..no lawyers

Nicole

I know that the plaintiff has to appear and that no lawyers are involved, I am curious, will you be taking time off to make the trip yourself and can you recoup that cost in the small claims action? When I used the term representative, I did not mean attorney/lawyer, I meant a lay person who would stand in for you, if that was acceptable.

Terri
Lancaster, CA

Reply by Nicole_NCali on 7/26/05 3:44pm
Msg #54828

Re: In small Claims..no lawyers

I can't send a rep in court for me. I live in Richmond so this is no biggie for me. Unfortunately, a plaintiff can't recoup time lost in the small claims action. I am just trying to recoup my loss for the signing that was not paid for.

If you require a representative, then the venue for the action would change. This means you would need a lawyer to present your case.

I know that this can present pain for reps who may be in another state or another city. But the venue, as per a couple of my attorney friends, is where the contract was entered upon. It changes in cases of if the company is Inc and if it is a foreign corporation as opposed to a California corp.

The only thing that I have done is that if the company is located in California, I will accept the signing, but if the co is located somewhere like NJ, or some other locale, I will turn it down without a thorough background investigation.

Reply by Terri - CA on 7/27/05 1:18am
Msg #54989

Re: In small Claims..no lawyers

Thanks for the info Nicole. I had once thought that you could file in the County where the "contract was entered." I have a stop payment check that I would like to file a small claims on. Although some information I located indicated that I would have to go to the County where they are located. Hmm, thanks for the info, although my time is running short to do so, I might just do this.

Thanks. I might be in touch privately for more info if that's ok.

Terri
Lancaster, CA

Reply by Ted_MI on 7/26/05 3:51pm
Msg #54830

Re: In small Claims..no lawyers

Terri,

I am not familiar with California law nor with California small claims procedures, but I would say that as a general statement no Nicole cannot get compensated for the time involved in going to small claims court.

As far as someone standing in for her, I don't think that is possible because that person would be represententing her interests and you really can't do that unless you are an attorney. But as you've mentioned, attorneys are not permitted to represent clients in small claims procedures. The reason for that is that it would defeat one of the purposes of small claims court, which is to minimize the costs that are involved, since the claims are limited in their amount.