# Tell Me About Small Claims Court **URL:** \ **Category:** In My Humble Opinion\ **Created:** [June 23, 2013, 6:23pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716 "2013-06-23T18:23:53Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 24, 2013, 2:36pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/22 "2013-06-24T14:36:42Z")
> [@Broomstick](#): > > I really must protest - I have repeatedly said I am NOT asking for legal advice and I want information about small claims court. Because some posters feel compelled to disregard that I must be regulated to a [del]court[/del] thread of opinion rather than a thread seeking facts? Would it not be better to simply tell those posters not to interject opinions into a thread about facts? We went dealt thoroughly with the issue of what constitutes legal advice in [Stoid’s Thread](http://boards.straightdope.com/sdmb/showthread.php?t=515561). Information about how courts operate, what relief they can provide and how to enforce in a particular case amounts to legal advice. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [June 24, 2013, 2:41pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/23 "2013-06-24T14:41:24Z")
> [@LurkerInNJ](#): > > Deadline is the 24th. She should be paying for a consultation today to make sure she is filing correctly to get the maximum (treble damages, etc) and be first in line to file the paperwork tomorrow. Actually, strictly speaking, they have until the end of the day to pay me so the consultation should probably be tomorrow. I think it’s _unlikely_ they’ll call me at 5 pm and ask to meet to hand over a check, but it’s (remotely) possible. And tomorrow starts my workweek, so any consultation will likely take place _next_ week, as far as physically meeting with a lawyer (phone calls can be made during lunch for business hours stuff). There is a three year time limit on this, so I can take a week or so if I need to in order to get my ducks in a row. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [June 24, 2013, 2:46pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/24 "2013-06-24T14:46:07Z")
> [@hkepotat](#): > > If you are less concerned about actually receiving that amount of the money, and more concerned about the “fairness” of the situation, or getting _anything_ out of them, sell the debt to a collection agency. Depending on the finances of the business, the collections could give you as much a 75% of your claim, then go get it themselves. Most likely, you would have to settle for 25-50% of it, but at least you would have it _now_, and not need to worry about collecting anymore. Your old employers can now be hounded by the collection agency while you go on with your life. Yes, I can add yet another debt collector to their life (we were, at one point near the end, getting more calls from debt collectors than customers) but I wish to exhaust other possibilities that might gain me the full amount (or more) before settling for a debt collector. I have already obtained another job. I am not starving. MY debts are paid! 😛 I’ve already moved on, more or less, except that I feel it necessary to recoup as much of these wages as possible. At this point it’s about maximizing the sum I eventually obtain from this. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [June 24, 2013, 2:47pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/25 "2013-06-24T14:47:37Z")
Just to echo the rather depressing advice given earlier - I had a somewhat similar situation. Employer owed me a non-trivial amount, and ignored my efforts to collect. I consulted an attorney, who advised me [ul][li]I had a pretty strong, well-documented case [_]I would probably prevail in court [_]I would probably never collect a penny.[/ul]Because they would continue to do what they did do - ignore me. They would not show up in court, they would not pay up, they would not respond until I dropped it. You have to convince the sheriff’s department to enforce the judgment, and they usually don’t do that. [/li] I wish you the best, and a better, fairer outcome than the one I got. Regards, Shodan ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 24, 2013, 2:50pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/26 "2013-06-24T14:50:21Z")
In the US, don’t the Labour Standards Branches have the power to enforce unpaid wage claims? They do in Canada, for just the reasons that **Broomstick** and **Shodan** mention - the difficulty for the average employee to collect on a judgment. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [June 24, 2013, 3:15pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/27 "2013-06-24T15:15:05Z")
Here in the UK, company directors can be personally liable for company actions. Also, in the UK, if it’s a limited company, once you’ve got judgement and they do not pay, you can apply for the company to be declared bankrupt. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [June 24, 2013, 10:41pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/28 "2013-06-24T22:41:15Z")
No check today, they have missed the deadline (can’t say I’m surprised, sadly) So, I will now be researching and reviewing my next steps. ---
**Author:** ![carlb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carlb/32/5930_2.png) [@carlb](https://boards.straightdope.com/u/carlb)\ **Post date:** [June 24, 2013, 11:32pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/29 "2013-06-24T23:32:58Z")
I took a company to small claims court once in Illinois and won (well, they settled for the full amount I wanted before they actually _lost_, but in my book that’s a win). Be organized, have all of your papers at hand in case the judge wants a copy of something, and be as business-like and matter-of-fact as you can. Be polite to the judge, and (assuming things really are as cut and dried as they sound) you shouldn’t have any trouble with the courtroom aspect of things. In my experience, the judge didn’t treat me any differently than the defendant’s attorney (well, he actually treated me a bit _better_, but that’s only because opposition counsel was ill-prepared and was starting to annoy the judge), so there shouldn’t be any fear of being out-maneuvered or out-lawyered. The Indiana Secretary of State’s web site has a [business name search](https://secure.in.gov/sos/online_corps/name_search.aspx) that may provide some rudimentary information as to the type of “company” they have set up, which in turn might help with figuring out what assets might be available for your taking. Not sure about in Indiana, but in Illinois one of my options for collecting was to file a lien on some sort of property the entity owned. It has the drawback of not necessarily being an immediate remedy, but it does have a certain appeal to it, knowing that it’s there hanging over them until they clear their debt to you. Good luck, and keep us posted. I love reading about other people’s experiences in small claims court. I really feel like it’s an under-appreciated part of our legal system. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [June 25, 2013, 12:13am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/30 "2013-06-25T00:13:28Z")
During a very brief stint doing collections, I was astounded at the lengths folk went to to make themselves judgment proof. Stuff tnat would never cross the minds of an average person who expected to pay their debts. And don’t get me started on states like Texas and Florida! Just saying, if these folk were running a business and running from creditors, I would assume getting at their assets will be difficult. I prevailed in SCC as an undergrad. It isn’t all that hard so long as you are willing to put forth the time and effort. I do not know the SCC rules in IN, but ISTR in IL that the person we sued got at least one continuance. The reason to send yet another letter is that it serves to emphasize how reasonable and persistent you have been. It probably won’t be enough to win your case by itself, but a polite, well-phrased letter sent “receipt requested” can go a long way to defusing several potential arguments, while clearly setting out your version of events for the SCC judge, and presenting you as reasonable and sympathetic. I’d likely consider it worth the couple of bucks it would cost. Good luck! ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [June 25, 2013, 10:02am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/31 "2013-06-25T10:02:22Z")
Since most likely I will be soon talking to a lawyer and this is likely to turn into a court case I will probably not be able to say much more about how things progress. I want to thank everyone for their responses and of course if people want to continue the discussion feel free to do so. Well, OK, one more question: any suggestion for shopping for a lawyer for this? ---
**Author:** ![Bumbershoot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bumbershoot/32/3428_2.png) [@Bumbershoot](https://boards.straightdope.com/u/Bumbershoot)\ **Post date:** [June 25, 2013, 10:47am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/32 "2013-06-25T10:47:56Z")
You mentioned earlier that if your employer didn’t pay up the Labor Board could give you advice. I would take advantage of that resource and discuss it with them. Regarding shopping for a lawyer, websites such as [lawyers.com](http://lawyers.com) and [lawyers.findlaw.com](http://lawyers.findlaw.com) let you search by state & city as well as legal issue. Lots of lawyers offer free consultations so I would call a few, talk to them and choose one that appeals to you. But really, your case is pretty simple and straightforward; any competent lawyer should be able to help you. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [June 25, 2013, 10:51am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/33 "2013-06-25T10:51:18Z")
It may be simple and straightforward but I would hate for my ignorance of the legal system to get in my way! It doesn’t hurt to be prepared. ---
**Author:** ![Bumbershoot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bumbershoot/32/3428_2.png) [@Bumbershoot](https://boards.straightdope.com/u/Bumbershoot)\ **Post date:** [June 25, 2013, 11:02am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/34 "2013-06-25T11:02:51Z")
Oh absolutely! I prevailed in the both the cases I mentioned upthread by doing lots of research, covering all bases and having everything in writing. A lawyer can definitely help you with all that so call around and find one you’re comfortable with. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [June 25, 2013, 12:11pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/35 "2013-06-25T12:11:50Z")
I’m not sure how to find a competent lawyer who could afford to represent someone for $1000. If they agree to accept a 30-50% contingency, that would only cover a letter or 2. During my brief stint in private practice billing hourly I concluded that no one could really afford to pay an attorney hourly to sue for less than $10k. Only thing I would suggest would be legal aid - if you qualify. I’d think going it yourself in SCC might be your best bet. And - really - this doesn’t sound like something a reasonably intelligent person couldn’t pursue on their own. The big issue is going to be collection - and an attorney may not be of that much help in that department. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [June 25, 2013, 12:38pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/36 "2013-06-25T12:38:58Z")
The purpose of a lawyer in this context is NOT to go to court with me - it’s to provide advice and perhaps write a nasty letter or two. Completely different things. I have used lawyers for the latter reason in the past - advice and letters - for prices quite reasonable and affordable. A lawyer can clarify my legal options for me without having to spend a lot of hours on representing me. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [June 25, 2013, 12:45pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/37 "2013-06-25T12:45:46Z")
> [@Broomstick](#): > > The purpose of a lawyer in this context is NOT to go to court with me - it’s to provide advice and perhaps write a nasty letter or two. Completely different things. I have used lawyers for the latter reason in the past - advice and letters - for prices quite reasonable and affordable. A lawyer can clarify my legal options for me without having to spend a lot of hours on representing me. Cool. If you can find a lawyer who is willing to do such for you for a reasonable fee, by all means, take advantage of it. I don’t know any lawyers who will blow their noses for less than a couple hundred. But I guess a possible benefit of there being way too many lawyers (IMO) is that you can find some who are willing to work for cheap. Best of luck. It really shouldn’t be this much of a hassle for you to get what you are owed. ---
**Author:** ![GargoyleWB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gargoylewb/32/199_2.png) [@GargoyleWB](https://boards.straightdope.com/u/GargoyleWB)\ **Post date:** [June 25, 2013, 8:08pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/38 "2013-06-25T20:08:07Z")
> [@Bumbershoot](#): > > As **Carlarm** stated, getting them to pay could be the most difficult part. It is not the job of the court or the police to collect payment, it is up to you to pursue it if they don’t pay up. Don’t let this stop you from going to court though. I was pleasantly surprised at the check that immediately showed up after many “cold day in hell” rants from the other party. Also, you’ll always get a bit of karmic satisfaction…even if they don’t pay they will still have a judgement on record against them which can make life more difficult for them in the future with loan approvals, background checks, future court cases, etc. In my state (Washington) they don’t allow lawyers, and the judges grant a lot of leeway as a result for ignorance of legal technicalities or procedure, so that’s nice 🙂 If you have paper documentation nicely organized, and avoid getting into a “he said she said” then you’ll be fine. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [June 25, 2013, 10:50pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/39 "2013-06-25T22:50:29Z")
That’s why I want to do some research. The more prepared and organized I appear to be to the judge the greater weight my side of the story will be given. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [June 25, 2013, 10:57pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/40 "2013-06-25T22:57:24Z")
> [@Broomstick](#): > > That’s why I want to do some research. The more prepared and organized I appear to be to the judge the greater weight my side of the story will be given. Umm, other than making you happy, and spending some time & money, what use is it? I spoke to my lawyer (we are in the same club) and he said (this is CA law, now, mind you) that for all intents and purposes, you already have a judgment. \*Which they aren’t paying. \* Why do you want another judgment they wont pay? ---
**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\ **Post date:** [June 25, 2013, 11:24pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/41 "2013-06-25T23:24:52Z")
> [@DrDeth](#): > > Umm, other than making you happy, and spending some time & money, what use is it? I spoke to my lawyer (we are in the same club) and he said (this is CA law, now, mind you) that for all intents and purposes, you already have a judgment. \*Which they aren’t paying. \* Why do you want another judgment they wont pay? If you have a real judgment, and not a for-all-intents-and-purposes judgment, you can get a court order (after a separate proceeding :() to execute the judgment on the judgment debtor’s assets within the court’s jurisdiction (as say, a bank account). A point for our OP to ponder: You do not need to send demand letters before instituting a suit. You can go to court directly. I’m not going to give advice on how to do that, but I will make the very limited observation that your former employer very likely already knows what’s up (or has been attempted to be contacted by the State of Indiana without response). [Previous page](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716.md?page=1) [Next page](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716.md?page=3)