Small Claims Court

Discussion in 'The Bike Cafe' started by roadhouse, Sep 5, 2010.

  1. roadhouse

    roadhouse New Member

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    So it looks as if I have only filing a claim with small claims court as a route to pursue to get my money but my question is has anyone ever used it before? Did you see any results through small claims court? Will they go as far as to allow for witnesses? I ask that because all of my time sheets the hack has and I doubt he'll have them for court if he shows up at all, guessing he'll say something along the lines of him not owing me any money.

    I ask about the witnesses because the owner of the dry cleaning business and his personal inspector both know it was me and me alone getting that job done as I was out there alone with them for the last two straight days doing the final tune-up to it, not to mention it was me all through the week working out there and that it was my truck being used for the job and also I'd like to have the ex co-worker present as he can testify as to this guys credibility, he himself being owed almost $2000 for some many weeks and then the guy finally paying him a total of $500.

    And no, the hack guy did not pay me yesterday as he text me saying he had my pay, he didn't answer any of my replies wanting to meet but he did, however, text me once more with my old Texas Drivers License number and that's it, as if to threaten me which I found very disturbing. I text him back with his supervising parole officer's name.

    Any insight would be appreciated.
     
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  2. Yojimbo_

    Yojimbo_ Well-Known Member

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    Cripes Roadhouse, were you born yesterday? Of course small claims court allows witnesses.

    I used small claims court once (in Canada). I won my case and my best witness was the salesman who sold me the stuff I was challenging and he was there for the owner.

    I know in Canada that there's a book (or pamphlet) published by the government that explains small claims court protocol. You might want to find something like that to help you out. And just because you win your case you still might not get paid. The court does not force payment unless you ask. I didn't have to do that in my case but I believe you can ask for an order to seize assets at the same time you win your judgement.

    You will need to understand the protocol - then it will become much more clear.

    Good luck.
     
  3. gman0482

    gman0482 Member

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    I tried to sue my ex-girlfriend who turned out to be a prostitute and I didn't know it. She asked me for $1,000 once, saying it was for rent, but after recieving it, she told me it was for all the 'favors' she did for me and left.

    I took her to small claims court saying she robbed me.

    Sadly it never panned out, so I bought a .38, locked and loaded it.
     
  4. alienator

    alienator Well-Known Member

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    Your story shook me to my foundation, as it's scarily similar to a story I lived. I was cruising the streets around and through the Bois du Boulogne, in Paris, one night, pondering to where I should travel next. I happened to come upon a rather hirsute lass wearing a tube top, a banana hammock, and flippers that said she'd take me any place I dreamed of going. So, I told her that I wanted to go around the world. I was stunned when she said going around the world would only cost me 150 francs. I mean, that's a smokin' deal! Well, after giving her the money, she provided me with no airline tickets, no travel itinerary, or anything. She told me to step behind the bush and take off my pants, and when I emerged from behind the bush, she was gone!

    I went to the police, but the gendarmes said there was nothing that I could do, that even going to small claims court wouldn't help as there was no way to locate the lass. Their only suggestion was that I get a penicillin shot.
     
  5. roadhouse

    roadhouse New Member

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    Cool, thanks. I've just never used it before so forgive my ignorance on that. No lawyers will be involved so I gotta ask.

    No, I'm not expecting to get paid at least not right away but sometime in the future, if he ever comes through, is better than no time in future.
     
  6. roadhouse

    roadhouse New Member

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    As long as witnesses are involved, it should help my case. The hack guy was doing this one job for this one business owner who has a total of about 14 of these dry cleaning business, all of which were to be done by this hack guy if the first one panned out. That being said, I don't think he'll be getting any of them after all of this, especially me using the owner as a witness so some good can come of this.

    The owner asked me once, after a $2000 draw was given to hack, if he had paid me. At that time, yes, he had from that $2000.
     
  7. roadhouse

    roadhouse New Member

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    ah, I think I misrepresented my question previously. I wanted to know if witnesses could be issued a subpoena to show as I'm not too certain the business owner would come on his own but this

    Culpepper Law

    site answered my question.
     
  8. cyberlegend1994

    cyberlegend1994 Moderator

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    Yes, I've used the Small Claims courts before.

    Witnesses are permitted. If the witness doesn't want to get involved, you can ask the clerk-magistrate to issue a summons to the witness.

    More than half of all small claims cases are won the easy way - which mine was - if the defendant does not appear and you do, the court will enter a default judgment in your favor and order the defendant to pay up within (usually) 30 days.
     
  9. gman0482

    gman0482 Member

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    That's just bad business. That's why I never use travel agencies. I know a guy in the old CCCP (SSSR) that can track her down, kind of like a subpoena only more effective.
     
  10. roadhouse

    roadhouse New Member

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    Thanks Cyber, I was wondering when you'd chime in as I had a feeling you'd have experience somehow or another.

    Now I've read, in that link I've posted, that a written notice has to be filed by the defendant and has to be issued back to the courts as in before there can be any more proceedings. Is that absolutely true? What I'm getting at is I'm not sure that if a defendant or the person being sued is going to willingly write and the courts or file, knowing that if he doesn't he can't be sued but that doesn't sound right to me, that can't be the end of it or no one would get sued and everyone would rip off every other person. Well, at least people such as him would..anything?

    And how much did it cost you to file a claim? Again, in that article it states, and this is for Texas and more specifically my county, that is' a total of 55 dollars but I think I read , and I'll have to go back and check, that on the actual city's small claims court site that it was $34.

    And can I ask how long it took for you to receive a judgement? 30 days after he didn't show up or is the court date set for 30 after he is served or....?

    Ah, I read so fast my brain couldn't hold all the info you spit at me, right in one eye and right out the other I guess. The court will order him, by default which is what I'm guessing will be the case with this no paying asshole, to pay within 30 days after he doesn't show for set court date. Got it.
     
  11. cyberlegend1994

    cyberlegend1994 Moderator

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    The case in which I had to sue a client for not paying me for a gig, back in 1989, cost $14 to file. It's more now with everything under the sun getting more expensive as time goes on. In addition, any costs you incur from the filing of the case are added to the judgment so the defendant has to reimburse you for them.

    Default judgments are entered immediately, both parties are mailed a copy of the judgment notice, which usually arrives the next day. Judgments after a hearing or by agreement are entered by the end of the day, in which case it might take two days to get the judgment notice in the mail.
     
  12. roadhouse

    roadhouse New Member

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    Good info and can I ask you this, since I have no real evidence as again, he has my timesheets and I just have the exact same times written down in my own journal which he has seen as I've shown him daily my times, will I be able to proceed with a suit?

    I guess it's a my word vs. his or else I wouldn't have a suit to begin with, right?

    And can I ask and again, without any official evidence, if I can sue for the $25 a day personal vehicle usage that we in the beginning both agreed that since he himself was such a small company that I wouldn't be receiving it? Again, nothing official as in paperwork but if I can add that onto my hourly wages owed than it'd be 10 days at $25 per day so another $250.

    I don't know if that is being greedy or spiteful or what not but that is what he said he'd pay ...when he could. Maybe I should just leave that out of it...
     
  13. roadhouse

    roadhouse New Member

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    Let me put it another way, can I go in and just sue for any old amount up to the small courts limit and he'll have to be at the set court date to rEfUdiAtE said amount at time of court date or will I have to bring in official evidence from the beginning to prove how much I owe. Again, all I have is my word at the moment and that is all I believe I'll have come filing and court date.

    And I don't want to be greedy so I won't go after that truck allowance. Heck, he had his girlfriend keeping track of my hours and she had me down at four hours too many the first week and I said so. He was surprised, she was too. Then later on he gave me $100 on a Friday and said he'd pay the rest in a few days and he did once he got that $2000 draw and I went to Home Depot and the a/c supply house and purchased supplies to finish the job out of my pocket totaling just over a hundred dollars and I reminded him that he paid me that $100 a few days prior ( when he finished paying me that first time he forgot about that $100 so he double payed me $100) so it was his money that I bought items with and he didn't owe me anything as he was going to reimburse me for those materials.

    Just letting you know that I'm not greedy or a thief and I did right by him on many more than one occasion and on a few different levels which is another if not the main reason why I'm so pissed off at this guy.
     
  14. cyberlegend1994

    cyberlegend1994 Moderator

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    Hmmm... Verbal contracts can be a bit dicey. Since this is a case in which you're simply trying to collect payment for work you did, you're probably best to only sue for actual damages. Unless you can prove that the defendant intentionally tried to evade paying you, in which case you may be able to seek punitive damages as well, some states actually allow for triple damages on back wages. The rules and laws vary from state to state, but you should in many cases be able to consult a lawyer to find out how much you can seek, many reputable lawyers will not charge you for a simple consultation.
     
  15. roadhouse

    roadhouse New Member

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    This entire thing, this fiasco of stratospheric proportions, is now making me have second thoughts on the entire matter. I know the guy is hard up as he has an addiction problem, I've already called the city of which both electrical and mechanical have both written citations of which the state will enforce, have called crime stoppers in the heat of the moment and now I'm starting to feel bad for the guy.

    I can work, have all of my tools and some new ones along with a running truck, I still work for two other companies but it's slow, very slow and they are more on the service side and one man shows that take care of service themselves and I'll do installs when they sell them which is becoming a rarity whereas I've also taken away the ability for this hack to purchase any new equipment and he pretty much can't work. Yeah right, I'm certain that the guy who is allowing hack to purchase equipment is making money too so he's not going to just shut him off.

    Anywho, I'm thinking I've done enough to hurt the guy and who knows, maybe if I hadn't of called the city he'd of paid me by now. What do you think Cyber?

    I really want to just walk away now.
     
  16. roadhouse

    roadhouse New Member

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    I guess I don't need anyone's opinions, I've already text him a few minutes ago saying, " I will not be taking any legal action of any kind against you. I want you to do better in life, I don't want to cause more problems. If you can pay me someday, it'd be appreciated."

    I guess I can't take down anyone who's already facing the types of problems he's facing, it just wouldn't be right. Not in my eyes and not in Gods, that's for certain.

    Now Dan Empfield on the other hand...:D

    Thanks for your help everyone who's listened to me whine and ***** about this and who've given me advice and insight and for letting me vent on here like I usually do so thanks cyclingforums.com but it's over, I just can't hurt him, can't help turn him into a lower class citizen than he already might be to so many, I can't be a part of digging him a deeper hole to try and get himself out of, I really don't want to.

    It's over.
     
  17. gman0482

    gman0482 Member

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    Yea I agree 100%. I also think that cheating stealing scumbags that robb me blind and threaten me, should be helped and given another chance at life, or at least another chance at robbing someone else. After I let them go, they will become better people for it, perhaps join the priesthood, and go to heaven with the angels,(Wait, priests don't go to heaven anymore I forgot).

    Anyways, I think I'll go make out some protest signs to free everyone that's in prison. Everyone deserves to be a better person.


    -You don't need anyone's opinions anymore ? You just wasted everyone's time on here kid. This probably wan't even a real story. Just your imagination runnin wild again huh.
     
  18. alienator

    alienator Well-Known Member

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    Oh, have a heart, Gman. Maybe the poor junkie used to buy from Roadhouse, so Roadhouse was maybe feelin' a bit guilty about the whole scumbag drug dealer thing.
     
  19. gman0482

    gman0482 Member

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    Yes good point. I forgot roadhouse used to be a king pin drug dealer aside from breakin heads, but now he's the savior of humanity. First he got his .38 locked & loaded and now he's going to help the lad.
     
  20. alienator

    alienator Well-Known Member

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    Yes, locked, loaded, loving, while primping and preening the love nest of forgiveness and humanity that is his heart.
     
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