Small Claims Court Adventures

[Dale00]

Perhaps you've had some adventures in pursuing a claim in small claims court.....Here's mine
This is a word of warning....Here is something crazy that our family was blindsided by recently.

Although you are told that you can pursue claims of up to $10,000 without having to hire an attorney, there is a major trap in the process.
If your claim is more than $7,500 the defendant can simply petition to have the case transferred to the circuit court and it will be transferred. Circuit court proceedings are considerably more complicated making a lawyer advisable....and impractical due to the small dollars involved.

This $7500 limit makes no sense at all...running completely contrary to the reason small claims courts exist. Thanks so much to our incompetent Oklahoma legislature for not doing your due diligence when you raised the small claims court claim limit to $10,000.

 

[turkeyrun]

When "they" petition to move to Circuit Court, amend the suit to add the court costs and legal fees. Go from $7500 to $15,000.

Sometimes it isn't the $$$$, but the principal. Your money is already lost. Make them pay, even if it isn't you.

I was owed some money. Kept getting put off, then ignored.

Went to Lawyer. He filled out paper for court, added in legal fees. Wrote a letter to jackwad, with copy of court papers. Said he had 7 days to pay. Sent registered mail, signature required.

Lawyer cost me $150

I received a certified check, by certified mail; 4 days later.

 

[DRC458]

When "they" petition to move to Circuit Court, amend the suit to add the court costs and legal fees. Go from $7500 to $15,000.

Sometimes it isn't the $$$$, but them principal. Your money is already lost. Make them pay, even it isn't you.

I was owed some money. Kept getting put off, then ignored.

Went to Lawyer. He filled out paper for court, added in legal fees. Wrote a letter to jacked, with copy of court papers. Said he had 7 days to pay. Sent registered mail, signature required.

Lawyer cost me $150

I received a certified check, by certified mail; 4 days later.

Congrats. Your lawyer works cheap!!!

 

[turkeyrun]

Congrats. Your lawyer works cheap!!!

That was several years ago

 

[John6185]

You can go to court and the Judge may rule in one's favor and award a person a certain dollar amount but getting the money is another thing altogether.

 

[BryanDP]

Years ago when I owned a business that had employees a process server dropped by our place of business with an envelope that had an employee's name on it and handed it to my general manager. He told my manager it was a summons and could he give it to the employee, which he did. The employee took it home and that was that, so we thought.

As it turns out, the summons was a garnishment summons from a payday loan company for the employee whose name was on the envelope. The summons was supposed to be served to us - not the employee - but since we had failed to respond to it with any answer we were now on the hook for the full amount of the employee's debt, to be paid in full. In other words, the company essentially became the indebted. I called the loan company which I learned was actually owned by an attorney and she would hear nothing of it. I got the feeling they made this "mistake" all the time and since the balance was relatively low (about $450 if I recall correctly) businesses regularly just paid it to make it go away. But not me. As a small business owner every dollar I paid out was a dollar I couldn't put in my pocket so I was going to fight this.

Eventually the business was summoned to small claims court. I went in on behalf of the business which really shouldn't have been allowed since we were a corporation but I guess the rules are a little looser in small claims. Either way, the judge allowed it. The attorney/loan shark argued her point. I let her finish and told the judge that the service was invalid because while it was handed to the correct party (an agent of the business) it was inside a sealed envelope with the employee's name on it. I told them that all I was asking was for the default judgement to be set aside and I be given valid service which I would be happy to accept in front of him from the plaintiff right now in court. He agreed and the attorney, thinking she had "won", very smugly presented me with the papers.

At this point the indebted employee in question was no longer working with us so I just marked that on the garnishment summons, went to the counter in the same building as the courtroom where you file court documents and that was the end of it for us. The loan shark attorney was pissed because she was back at the square one and now had no idea of where this guy worked. Had she been a little nicer along the way and not dragged me into court I probably would have helped her find him but instead I opted to let her go it alone.

 

[BryanDP]

You can go to court and the Judge may rule in one's favor and award a person a certain dollar amount but getting the money is another thing altogether.

Yeah, but you can also haul them in regularly (maybe even weekly or maybe it's monthly?) for an "asset hearing" until they do. Eventually the judge will probably get tired of seeing you all and come down a little harder on them verbally. Usually if you can find the people they can eventually find the money to stay out of court if going to court is an ongoing threat. Now if the people disappear to another state or whatnot? Yeah, you're probably screwed.