# 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:** 4
**Author:** ![PaulParkhead](https://avatars.discourse-cdn.com/v4/letter/p/7ea924/32.png) [@PaulParkhead](https://boards.straightdope.com/u/PaulParkhead)\ **Post date:** [September 3, 2013, 3:31am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/62 "2013-09-03T03:31:36Z")
> [@Broomstick](#): > > No, the law is a little different here. Here you tap the company’s assets without forcing them into bankruptcy. Under the right circumstances I can tap the debtor’s personal assets without forcing her into bankruptcy. Makes sense - and really, seeking to force your debtor into bankruptcy should be regarded as a last resort over here. There are less dramatic remedies. But it is possible. ---
**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:** [September 3, 2013, 4:20am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/63 "2013-09-03T04:20:33Z")
> [@PaulParkhead](#): > > Makes sense - and really, seeking to force your debtor into bankruptcy should be regarded as a last resort over here. There are less dramatic remedies. But it is possible. We have involuntary bankruptcy here in the United States as well. (11 U.S.C. § 303.) It has a number of complicated requirements (including a plurality of creditors who are owed in excess of $14,000 (in 2013, this figure is indexed to inflation), certain requirements about the identity of the debtor and the chapter under which the forced bankruptcy is sought, proof of insolvency (i.e., that the debtor is not making payments as they come due), the absence of any dispute as to the existence and amount of the debt, etc. etc.) This is in keeping with bankruptcy’s provenance, generations ago, as a creditors’ remedy. Bankruptcy helps creditors by devising a system for the orderly dispersal of the debtor’s assets. Without it, each credit would need regularly to monitor the financial health of their obligors. Without bankruptcy, each creditors’ judgment is subject to the first-in-time rule, so creditors who were not vigilant and waited to long to sue (in the no-bankruptcy world) got nothing. Under the Bankruptcy Code, they will get at least a fraction of what they are owed, which is, as they say, better than nothing. Although the Bankruptcy Code permits it, only a very small percentage of bankruptcy petitions are involuntary. Almost always they are instituted by the debtor himself/itself. All that said, this set of facts doesn’t come anywhere near meeting the requirements for 11 U.S.C. § 303 involuntary bankruptcy. ---
**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:** [September 22, 2013, 10:07am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/64 "2013-09-22T10:07:59Z")
Quick update: As of last week my lawsuit has officially been filed in Porter County, Indiana. I’d say wish me luck, but I think I’m going to rely on evidence, logic, and my lawyer. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [September 22, 2013, 11:21am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/65 "2013-09-22T11:21:40Z")
> [@Broomstick](#): > > Quick update: As of last week my lawsuit has officially been filed in Porter County, Indiana. > > I’d say wish me luck, but I think I’m going to rely on evidence, logic, and my lawyer. 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:** [November 8, 2013, 4:27am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/66 "2013-11-08T04:27:47Z")
Wish me luck again -\*\* tomorrow morning I take my former employer to court \*\*because she continues to refuse to pay the wages she owes me. I didn’t want to take this to court but hey, I need my money. It’s been a bit of a slog but tomorrow’s the day. Actually, I don’t _really_ think I need luck, I believe I have truth and evidence on my side, but best wishes are always appreciated. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [November 8, 2013, 5:29am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/67 "2013-11-08T05:29:49Z")
> [@Broomstick](#): > > Actually, I don’t _really_ think I need luck, I believe I have truth and evidence on my side, but best wishes are always appreciated. Justice is a crapshoot. Whatever else you have going for you (and fer sure, the more the better), you still need good luck too. Don’t worry. Be happy. (Remembering that the original meaning of “happy” was “lucky”) ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [November 8, 2013, 6:18am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/68 "2013-11-08T06:18:07Z")
> [@Broomstick](#): > > I’d say wish me luck, but I think I’m going to rely on evidence, logic, and my lawyer. I wish you evidences, lot of logic and a good lawyer. ---
**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:** [November 8, 2013, 5:39pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/69 "2013-11-08T17:39:46Z")
Well, I won. The former employer walked into court owing me $550 and walked out owing $3770. Pro-tip - don’t show up late and don’t wear a sweat suit to court. This lady is about as sharp as a box of marbles. ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [November 8, 2013, 5:46pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/70 "2013-11-08T17:46:43Z")
Woot! Congrats! ---
**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\ **Post date:** [November 8, 2013, 6:23pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/71 "2013-11-08T18:23:19Z")
Congratulations! Good luck collecting. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [November 8, 2013, 6:24pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/72 "2013-11-08T18:24:49Z")
!מזל טוב (Mazel Tov!) (Literally, means “good luck” but idiomatically means “congratulations”) Now we look forward to your continued posts, as you regale us of your attempts to collect this judgement! Good luck with that too! _illegitimi non carborundum_ P.S.: In your state, does the Small Claims defendant have a right to appeal? In CA, last time I studied this, the defendant can, and it seems to be a total loophole to Small Claims Court. If the plaintiff wins, the defendant can appeal within 30 days. If defendant appeals, then the entire case is simply and immediately vacated, and that’s the end of it. The plaintiff’s only further recourse is to file a new case, _de novo_ in the municipal or superior (non-small-claims) court, where it will be heard _de novo._ ---
**Author:** ![SmellMyWort](https://avatars.discourse-cdn.com/v4/letter/s/ea5d25/32.png) [@SmellMyWort](https://boards.straightdope.com/u/SmellMyWort)\ **Post date:** [November 8, 2013, 6:45pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/73 "2013-11-08T18:45:12Z")
> [@Broomstick](#): > > Well, I won. > > The former employer walked into court owing me $550 and walked out owing $3770. > > Pro-tip - don’t show up late and don’t wear a sweat suit to court. This lady is about as sharp as a box of marbles. Congrats! Wow, how stupid can you (she) be? Hope you can collect. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [November 8, 2013, 6:54pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/74 "2013-11-08T18:54:32Z")
Did they say anything about how you could collect? But congratulations on a moral victory at least. Regards, Shodan ---
**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:** [November 8, 2013, 7:10pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/75 "2013-11-08T19:10:45Z")
> [@Broomstick](#): > > Well, I won. Great news! > [@](#): > > The former employer walked into court owing me $550 and walked out owing $3770. All to you? Yay! ---
**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\ **Post date:** [November 8, 2013, 7:11pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/76 "2013-11-08T19:11:41Z")
Did she look surprised? ---
**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:** [November 8, 2013, 7:36pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/77 "2013-11-08T19:36:12Z")
Congratulations! I hope you’re able to get some money out of her now. ---
**Author:** ![purplehorseshoe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/purplehorseshoe/32/2996_2.png) [@purplehorseshoe](https://boards.straightdope.com/u/purplehorseshoe)\ **Post date:** [November 8, 2013, 8:12pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/78 "2013-11-08T20:12:39Z")
I don’t wanna rain on the\*\* Yay Broomstick!\*\* parade, but knowing that someone owes you money – even when SCC has handed down judgement – isn’t anywhere close to actually obtaining that money. That said: glad the settlement worked out in your favor, good luck with the collections process, and _A SWEAT SUIT_? Ferrealz? Wow. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [November 8, 2013, 9:20pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/79 "2013-11-08T21:20:47Z")
Congrats! I’d love to hear a summary of the arguments, if you don’t mind sharing them. Enforcing the judgment might be a bit of a pain (assuming they don’t pay up). You usually have to go to court again to get an order to seize or garnish assets. ---
**Author:** ![ZenBeam](https://avatars.discourse-cdn.com/v4/letter/z/3ab097/32.png) [@ZenBeam](https://boards.straightdope.com/u/ZenBeam)\ **Post date:** [November 8, 2013, 11:02pm UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/80 "2013-11-08T23:02:36Z")
> [@Broomstick](#): > > The former employer walked into court owing me $550 and walked out owing $3770. I almost did a spit-take… Congrats. ---
**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\ **Post date:** [November 9, 2013, 12:29am UTC](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716/81 "2013-11-09T00:29:40Z")
Now here comes the part where you need the luck, collecting on that great judgment you got. I hope you get every penny quickly. And not to hijack the thread but just to share my own small claims story, my dad got taken to small claims a few months ago by some previous customers of his before his personally owned roofing business closed down. He wanted to make it right for them and admitted that the repair was never done properly, but they were being very stubborn about the amount that they wanted in recompense. Dad ended up going to court, being honest with the judge, and such. Judge saw it my dad’s way and awarded the plaintiffs like 10% of what they wanted (and way less than what my dad was voluntarily willing to pay). As they were walking out of the courtroom my dad went up and still wanted to make things right with them so he ended up giving them a couple hundred more than what the judgment was for, but not as much as he was originally going to give voluntarily. Glad the court system worked for you 🙂 [Previous page](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716.md?page=3) [Next page](https://boards.straightdope.com/t/tell-me-about-small-claims-court/661716.md?page=5)