Small claims court

[JERSEYTEX7]

Hello-looking for some advice. A number of years back, I bought an appliance from Sears- didnt work- I refused to pay balance. At that time in my life- some upheavals- let the paperwork slide- forgot about it. Now served with small cliams court papers for amount around $1800, including fees. Never been to court before except for a speeding ticket. Should I get a lawyer? Represent myself? I want to square up, but dont want to pay more than I have to. The party filing the case is a third party debt collection agency of attorneys. Any thoughts? Thanks.

 

[DaveH]

I've been a few times, always suing telemarketers.

Big companies hire a firm and batch process a few hundred at a time in small claims court. The first thing is to show up so you won't get a summary judgement against you. Be listening for either your case number or your name. make sure they know you're present. When I've gone probably 90% of the people who are being sued never show up.

Usually they'll ask that the two parties enter into mediation first. You'll probably have to wait a while then you'll have about 60 - 90 seconds to state your side and they theirs. You could offer to settle at that point for whatever amount, they probably take it as they'd often get far less or any at all.

Or you may go directly (after a wait) to a magistrate where you'll get another 60 to 90 seconds then a descision will be made.

IMO you don't need a lawyer, offer to settle for some amount, since the appliance was defective. You could also ask for a payment plan for the agreed upon amount. My understanding is as long as you're sending something in regularly in payment, they're happy enough.

 

[JD Mandrell]

Should I get a lawyer? Represent myself? I want to square up, but dont want to pay more than I have to. The party filing the case is a third party debt collection agency of attorneys. Any thoughts? Thanks.

If it's small claims court, you can't have a lawyer there, you represent yourself.

The first thing you need to do is find out what the statute of limitations is in your state for stuff like this and see if your past it, that gives you a better place to talk to them about settling up what you actually owe from.

If you have any repair bills or estimates from anyones else dated from then that show you had trouble with the applaince at the time, start getting that together.

 

[Cougar Allen]

Small claims varies a great deal from one state to another. I don't think there's any state that forbids you to have a lawyer, though.

 

[Suicycoprowler]

Most states don't forbid a lawyer from representing clients in small claims, however usually the amount in question is less than it'd cost you to hire the lawyer to go.

Show up and contest, otherwise you'll get a default judgment against you. Bring any documentation that supports your claim. Remember, the burden of proof is on the plaintiff.

 

[JERSEYTEX7]

Thanks a million. Always good, solid advice from fellow members. Thanks again, especially Dave H and Last Confederate.

 

[JD Mandrell]

Thanks a million. Always good, solid advice from fellow members. Thanks again, especially Dave H and Last Confederate.

Accept my lawyer mistake, I keep forgetting their are "other" states....

Some do forbid lawyers, others allow them only if both sides have them, but I would check that limitations thing, if your past that, it gives you better leverage to work with them.

 

[Nabok]

You have already gotten some good advice, but you need to do some research for your specific state and county. I have been doing mediation in Idaho’s Fourth Judicial District small claims court for a bit over 6 months. Some things to do from my observations get all the evidence and paperwork you can and get it in order, make yourself some notes, have your stuff together and ready to go. If it goes to trial, here each side gets 10 to 15 minutes at the outside. In Idaho you are not allowed to be represented by a lawyer, a lawyer can sue or be sued (I’ve seen both ways over fees) and I’ve seen a lawyer allowed to appear for a company, but they were a member of the company’s board. You can certainly talk to a lawyer before the trial check into things like the statute of limitations and how to appeal (if you think you get a bad deal, here an appeal will get you a trial before a magistrate judge and one or both sides can bring in the lawyers). I also see some of our frequent flyers settle “on the court house steps”, see if the person they send has the power to negotiate. I see company’s send someone to court without the power to negotiate/mediate, even though its clear in the paperwork that you are going to be sent to mediation before seeing the judge.

I don’t know how things work where you are, and I’m probably biased being a mediator and working on a CPM credential, but if you are offered a chance to mediate give it a try, worst case is you end up seeing the judge anyway. Like DaveH says a lot of people don’t bother to show up and the plaintiff gets a default, they still have to try and collect, but it sounds like yours has already be turned over or sold to a collection company. Again I don’t know the rules in your area, but here the judge can’t/won’t deal with payment plans, but that is one of the plusses for mediation, we can negotiate that sort of thing. Here if we can reach an agreement that is acceptable to both sides it is written up, signed by the parties, the mediator and then by the judge who enters it as a stipulated order. No appeal, if the agreement is kept (we try to have everything done within 6 months), at the final review the case is dismissed, it isn’t a judgment so it won’t show on your credit, if it isn’t fulfilled the plaintiff gets a default judgment, typically what they originally filed for, plus court costs, minus any payments made on the agreement.

Todd

PS either research or check with a lawyer, about the fees the collection company is asking for, some are regulated by state or local law, some aren’t and may be trying to run up the total.