Effectiveness of Small Claims Court!!!???

cab83_750 · 02-28-2004, 08:48 PM

So, what do you guys think about the small claims court? Is it worth using for $5,000.00?

Any hints?

Any personal experiences?

It looks like the defendant is a 'pro!' He advised his minor son to tell the sheriff that he is unavailable. Thus, sheriff could not serve him. Now, we were told that since the sheriff performed due diligence, the judge could proceed with the case without the defendant.

Any thoughts!!!!????

cab83_750 · 02-28-2004, 10:18 PM

Both (2 copies) of my Plaintiff's Claim and Order to Defendant have been returned to me by the Court with a a signed 1-piece document "NOTICE OF NOT FOUND/NO SERVICE" from the Deputy.

Declaration of Due Deligence: The following attempts were made:

Looks like 4 attempts were made:
1. No anser at door. 2 vehicles in driveway.
2. Per son- defendant at location but unavailable.
3. No answer at door.
4. Per female at location, not in, out of state, unknown when he will return.

Oh, and prior to the filing of small claims, I sent the defendant a certified letter and it came back to me with the stamp of "refused service."

It is very obvious that this person knows he is being sued.

Brian,

What is subserve? Again, one of the court employees mentioned that I could probably proceed to the hearing with the Declaration of Due Diligence. As our funds are not that of an issue, I do not mind spending the flat $200.00 to hire PI/public server and get 'hard-to-serve' people.

p.s.,

I like the various websites of public servers/private investigators. Especially the ones with "we always get our man!"

Thanks.

Decolliber · 02-29-2004, 06:17 AM

SCC is definitely worth a try. In my state it costs $35 to file a claim. I have done it twice, and was successful in both cases. First time was against Dominican Airlines (1985), after they refused to pay compensation for denied boarding after over-booking. Soon after getting my claim paid they stopped flying to the US because their planes were about to be seized by creditors! Second time was after a traffic accident where the other party's insurance company refused to pay my claim. The other driver did not answer the summons and I got a default judgment, paid by the other driver's insurance company. In another minor damage claim, the other party's insurance company paid as soon as the summons was delivered.
It is my understanding that businesses have to send an attorney to SCC, so if the amout is small, it is cheaper for them to pay the claim.

brawlins · 02-29-2004, 05:29 PM

I won a judgment in Small Claims Court.

The guy I sued had been sued by a few other folks.

He simply moved from Georgia to Florida and that was the end of that. No money collected. And it was not worth it financially for me to pursue it further. (I had a lien put on his house, but several other folks did also. He turned the house over to the bank and skipped the state.)

- Bill

cab83_750 · 02-29-2004, 05:34 PM

Bill,

Sorry for your loss.

I am assuming the $$ is very small. ???

Did you try garnishment first? Bank account disclosure/discovery 2nd?

What happened?

With the houses in California being so high, the equity of most owners should prevent transfer to the bank. Plus, isn't the purpose of the lien to prevent the sale of the property. Plus, based on feedback from my research, you could also force the sale of the house to get your $$ sooner.

LeeH · 02-29-2004, 06:21 PM

Winning is easy. Collecting is difficult. I won a judgement against a guy who owed me some money. The problem was that he didn't seem to have any assetts to go after. He eventually skipped town.

My understanding is that liens on real property do not matter much until the property is to be sold.

johnco · 02-29-2004, 06:47 PM

I sued a customer for about $800 owed to me. won the case but she had no job and transfered her assets to someone else's name before court date. 7 years later I filed suit again after she said "take me back to court" when I asked her again for my money. $400 to a lawyer to file and handle the case and I collected $1875 after 7 years of interest. sattisfaction at last. she should not have told me to take her back to court. I would have left it alone, but after that, I would have spent all that money to make her pay. she settled the day before the new SCC date

cab83_750 · 02-29-2004, 07:18 PM

John,

Good for you! I read something about the interest. Some people think they can get away with the law.

Why can't everyone just be honest like us!

p.s.,

I thought SMC's do not allow lawyers. What's up with your lawsuit?

Zeke · 02-29-2004, 07:19 PM

Hire a private investigator for service. If you can show the previous difficulties, the cost of the PI might be recoverable on the suit. Iwon a suit against a man that many others were pursueing. I found a bond that he had before anyong else did. I gave the bond company the court award papers and had a check in 48 hours.

cab83_750 · 02-29-2004, 07:20 PM

Lee,

I need to get back to the book in the bookstore. In scanning the book, I am most definite that you can force the sale of the property.

cab83_750 · 02-29-2004, 07:26 PM

Zeke,

Good for you.

Money is cheap!!!!!!!!! I already have a PI lined up. Might even use him to perform the service to "difficult to serve people." I am just waiting for feedback to determine if the Sheriff's document would be more than enough for the judge to accept.

Do you recommend yours? Does he do the San Fernando Valley?

Dang, I should have listened to my sister and pursued law!!! I am excellent as far as memory, history, research, extrapolation, speed reading, debate, etc. Well, these attributes mean jack ***** as I also cannot stomach representing a client when I know they are in violation of law. My grandparents should have planted/trained some evil in me when I was young!!!!!!

brawlins · 02-29-2004, 08:24 PM

Cab -
My award was only about $200. I sued as much for principle as for anything else.
The filing fee at the time was only $40.
Shortly after I won, the guy skipped state. A lien in Georgia is not much use unless the homeowner tries to sell the property. If they do, you get your money. If the bank forecloses, you are left holding the bag.

- Bill

RickM · RickM's Garage

Quote: "Is it worth using for $5,000.00?"

In many states the limit for SCC is $2-2.5K. Is there a similar cap in CA?

tabs · 03-01-2004, 11:07 AM

It's worth using... But like LeeH said winning is easy, collecting is the trick. If the guy loses in small claims, without showing and can claim he wasn't served...he can get the judgement set aside. Second this guy knows the tricks...refusal of service on a letter and can't be found...phew your going to have a tough time this guy is slippery. If U win the guy can go BK on U...then unless there is a bond...you can wind up with nothing. Advice is to lien everything you can of this guys the minute you win. Thats your only hope. Bond companies don't wana pay either, even though I won they said it wasn't covered by the bond. I had to sue them, and a week before trial they settled. I settled for $4500 on a $5000 bond, simply I didn't want to take the risk of losing to their attorney (this was not small claims) in court.

However for a coupla thousands of dollars I'll follow you into he!! if I have too...at least I have the satisfaction of knowing I caused U distress and having to spend the money you got from me fighting me. So bon Apetite Muther fker is my attitude.

cab83_750 · 03-01-2004, 07:17 PM

I am ready to spend the $200.00 flat fee for 'hard-to-serve defendants.' I am just waiting for Wednesday. The web said no fee if not served. I believe they also do PI work.

The defendant, I believe, works from home. And he owns his own business.

As I said, money is cheap. I do not mind spending hundreds of $$ on this project.

Now if you were the judge, and you see my 2 documents and I point out the one served by Sheriff with the note...
"Per son- defendant at location but unavailable."

Would you, as the judge, get upset?

p.s.,

If a local fellow Pelicanhead can still recommend a PI and/or public server, I would still welcome the recommendations.

CarreraS2 · 03-01-2004, 08:17 PM

If you have a proof of service from the sheriff that (1) shows due diligence (i.e. he went to the address 3 times or so), AND (2) after his last time, the defendant's son at the address said the defendant lives there but wasn't home, AND (3) the sheriff dropped the papers off with with the son,

then I think you are good to go.

If that is the case, just go ahead and get the judgment. It will be up to the defendant to try to get it set aside. That will require him to show up at court. Argue that he was in fact properly served. The only way out will be for him to deny living at that address. If the judge rules against you, hand the defendant the papers, tell the judge that service is now done, and ask for a continued hearing on your claim.

If the guy has a business out of his house, there are ways of getting paid. Particularly if you find out who his customers are. I'm sure his customers won't really like having a writ of execution levied on them, and it won't be good for the defendant's business. Get a couple of those, and you'll bring him to his knees.

cab83_750 · 03-01-2004, 08:53 PM

Brian,

Thanks for the continued feedback. Unfortunately, for me,

1. He went there 4 times.
2. The son is a minor (I've met the son.) He played video games at my house.
3. Sheriff never dropped the papers.

So, I think I do not have a 'service.'

This guy works from home but does internation business. I believe he also paid cash to a beautiful house.

'Writ of Execution' ......hmmm, good one. I need to research this!

After this guy, I have State Farm to take. (As for State Farm, it looks like they got in trouble with the State for using their muscle in underpaying claims against them.)