Doggmatic Posted June 22, 2004 Share Posted June 22, 2004 If anyone here has been to small claims court before, can you give me some advice on what would help winning my case? Summary: I did close to 2k worth of design work for this guy who has refused to pay me for a good bit of time. I invoiced him, he refused to pay. Almost all of this work is evidenced through email correspondence, which I have printed out - all of it, bound up. The smoking gun? The guy admitted though email that he owed me everything I said he did, and that intended to pay it. I don't think I will have trouble proving he owes me the money and that he knows it. I'm concerned there could be other factors I am unaware of that would screw me. Any ideas? Link to comment Share on other sites More sharing options...
codeorama Posted June 22, 2004 Share Posted June 22, 2004 Usually small claims court is a breeze. The hard part is that even if you win, it will be hard to collect the money. Link to comment Share on other sites More sharing options...
Doggmatic Posted June 22, 2004 Author Share Posted June 22, 2004 Code - that's what I'm afraid of. I know that here in NC, they guy would have 10 days to pay up, after that, they start liquidating his assets. But, I don't know if they will actually do it. Link to comment Share on other sites More sharing options...
codeorama Posted June 22, 2004 Share Posted June 22, 2004 I know nothing of NC law, but in Virginia, if you win a judgement, you then have to proceed with getting their pay garnished which of course cost you money. Many times, these people know the trouble and money it will take you to collect from them so they just don't pay. But the good thing is that with a judgement on his credit, he can't buy a house or get any decent credit, so in the long run, he'll wish he just paid. Link to comment Share on other sites More sharing options...
aREDSKIN Posted June 22, 2004 Share Posted June 22, 2004 If you "google" for "Small claims court" you'll get tons of sites with a lot of free advise. I know it's not much but it may help. Link to comment Share on other sites More sharing options...
Doggmatic Posted June 22, 2004 Author Share Posted June 22, 2004 ... weird double post... ignore Link to comment Share on other sites More sharing options...
TK Posted June 22, 2004 Share Posted June 22, 2004 Not sure abouy NC, but here in VA I was also able to include the cost of any postage ie: certified letter, along with court costs, & any other fees that were spent to collect a debt. However, that usually just ended up being a pre cursor to file a garnishment on them. Link to comment Share on other sites More sharing options...
portisizzle Posted June 23, 2004 Share Posted June 23, 2004 I am i business like your self. My grandfather went to small claims court to collect a balance. When the judge asked to see the contract between the two parties, he did not have a signed contract. The judge proceeded to ask my grandfather "When will you all learn to have a signed contract." I know it is no good for you now. But the sting of loosing one of these will get you in the mood to start drafting a contract w/ your customer. Chances are, though, if you have a reasonable judge who is not a consumer rights nut, that you win that one. The evidence seems solid. How do you prove he sent the e-mail? Link to comment Share on other sites More sharing options...
RonJeremy Posted June 23, 2004 Share Posted June 23, 2004 Originally posted by codeorama Many times, these people know the trouble and money it will take you to collect from them so they just don't pay. But the good thing is that with a judgement on his credit, he can't buy a house or get any decent credit, so in the long run, he'll wish he just paid. It is supposed to work like that but I see more and more people "sliding" through for a loan approval even with collections and judgments...and the rates aren't much higher than what our model citizens pay. I am a loan officer with a bank and I have seen deals that I have turned down because of judgments or collections go to an internet mortgage company or a mortgage broker and end up with a loan. Some of the deals I learned weren't very bad considering the credit. Sad but True. Good Luck in Court and I hope you win...and Collect!! Link to comment Share on other sites More sharing options...
Doggmatic Posted June 23, 2004 Author Share Posted June 23, 2004 I am kinda concerned about the lack of a contract in this case. All of my other jobs have contracts attached to them. I would still think that the email trail and the admission of monies owed is enough to get me the win. Link to comment Share on other sites More sharing options...
jbooma Posted June 23, 2004 Share Posted June 23, 2004 if all you have are emails that might not be enough depending on the court some places do not accept them as evidence because they can be manipulated if you don't have anthing signed by both party's then you might be screwed some courts use them others chuck them Link to comment Share on other sites More sharing options...
Doggmatic Posted June 23, 2004 Author Share Posted June 23, 2004 true, true. Hopefully, the guy will just admit to writing the emails in court. Link to comment Share on other sites More sharing options...
chiefhogskin48 Posted June 23, 2004 Share Posted June 23, 2004 You don't need a signed contract. Verbal agreements are perfectly acceptable. This case should be an easy win for you as either a full Breach of Contract or Quasi-Contract (if you only completed part of the work) case. If I tell someone to paint my house, they get through half, then I tell them to stop and that I won't pay them because they didn't finish, that's Quasi-Contract. I'd be liable for at least the propotion of the completed task. If I told them I wasn't going to pay them after the already completed it because they didn't have it in writing, this is Breach of Contract. A signed contract IS dispositive evidence, but a lack of a written agreement doesn't mean there wasnt an explicit verbal agreement and acceptance of that agreement. One phrase you should use with the judge is the idea of "unjust enrichment". It is a vital part of the Prima Facie case in which it can be reasonably assumed that without compensation, he unjustly benefited from the services you provided him. It's one of the most flexible notions in law. Link to comment Share on other sites More sharing options...
jpillian Posted June 23, 2004 Share Posted June 23, 2004 Great post, chiefhogskin48! One piece of advice I'd offer -- watch the beginning of My Cousin Vinny. And don't do what Vinny did. Should be good to go :laugh: Link to comment Share on other sites More sharing options...
JackC Posted June 23, 2004 Share Posted June 23, 2004 All I know is "Umm is not an answer".... Link to comment Share on other sites More sharing options...
Doggmatic Posted June 24, 2004 Author Share Posted June 24, 2004 The guy didn't show. He knows he owes the money. Now comes the fun part... collections! Link to comment Share on other sites More sharing options...
joe Posted June 24, 2004 Share Posted June 24, 2004 You don't need a contract in writing except for specific things such as real estate. Your verbal contract is still a contract. As to collecting, has the guy ever paid you anything? If so, see if you can get a copy of the check that you deposited. It will give you all the account information that you need to attach this asset, freeze it and collect. Each jurisidiction is different, of course, but one of biggest problems is the identification of assets. If you have a checking account identified, it saves a step in the collection process. Link to comment Share on other sites More sharing options...
Predicto Posted June 24, 2004 Share Posted June 24, 2004 I've been a pro tem small claims judge. The only advice necessary is to bring all your documentation, tell a simple, straightforward story... And do NOT exaggerate anything, much less lie about anything. If you have one hole in the story, it becomes a total crapshoot. Relax. Tell it stright, back it up, and you'll do fine. Link to comment Share on other sites More sharing options...
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