|
Category: Legal
Two years ago my coat was stolen from the inept coat-check at Chelsea Brewing Company in NY, NY. Once I realized that CBC was taking no action to help me out, I took them to Small Claims Court. I got $200 and an education on our legal system out of the experience. Here's a general synopsis of how the Small Claims system works:
1. Get screwed by a person or company. (There are limits in each state for how much you can sue for. I think in NY the limit is $3000).
2. Determine if it is worth your time, money, and effort to take action. At a minimum, the whole process will take 5 hours... I'd estimate the whole process took about 25 hours. There is also a nominal fee (~$10) for taking someone to court.
3. Find out the location and phone number of the proper Small Claims Court (telephone information can provide this information)
4. Call ahead to find out office hours and what materials you will need to bring.
5. Go to the Small Claims Court office to serve a subpoena to the offending party (this will cost about $10). This involves filling out a form with the party's name and address. You will be given a date for the court hearing. The court will deliver a subpoena to the offending party telling them the date of the hearing and that they are required to show up. Often, serving the offending party a subpoena is enough for them to take you seriously, and they will settle without even going to court.
6. Show up at court on the hearing date. Bring any evidence or witnesses. You will be put in a big court room, sitting in a crowd with lots of other claimants (people suing) and defendants (people being sued). There will be a "calendar call" where everybody's name will be read aloud. You will respond with, "[Your name], Ready!". If you (the claimant) do not respond, the case will be dismissed. If the defendant does not respond you will have an inquest (you will tell your case to the judge or arbitrator, without the defendant present, and you will almost definitely be awarded the win). If you both respond, you will have your case heard by the judge or arbitrator. When your case is called, you will both be brought in front of the judge or arbitrator.
7. Tell your case to the judge or arbitrator. Small claims court is fairly user-friendly, so don't worry about knowing lots of lawyer-speak. The judge or arbitrator will ask relevant questions of both parties.
8. Wait for your judgement in the mail. The defendant will also receive a copy of the judgement. If you have lost, you may be able to appeal (although I don't think you can in New York). If you have won, contact the losing party to arrange for payment. If they don't pay after a set number of days (I think it is 30), there are all sorts of cool (yet time-consumming) ways to get your money, including sheriff visits, freezing bank accounts, etc.
General notes and tips:
1. Photocopy EVERYTHING you can. You will want a record of every document submitted and received.
2. Be prepared for sneaky tactics from your defendant. The Chelsea Brewing Company basically made me go to court hearings 3 times. If I had not shown up to any of the hearings, the case probably would've been dropped. The first time, they sent a waitress to tell the judge that their lawyer could not make it because of the Labor Day holiday. The second time, they didn't show and I had my inquest, where I was awarded judgement of $393. After 30 days I still hadn't received payment, but I did receive an "Affadavit to Vacate Judgement or Restore to Calendar", which was basically a form that said their laywer didn't show up the second time because of an office error (this one really made me mad). I went to court a third time, for a hearing to decide if there should be another hearing. Finally the CBC lawyer showed, and the judge granted them the re-hearing. Thankfully, the re-hearing was scheduled for that night so I wouldn't have to go to court yet again. While waiting for our re-hearing, their lawyer tried to pressure me into settling for $200. It worked, and I gave in. Who knows if I would've won the full $393. Later that month, I got the check for $200.
3. The whole process is not for the faint of heart, but it is really educational, and it feels really good to have the legal system agree with you that you've been screwed.
4. Here's a cool link I found with more Small Claims Court information:
http://www.nolo.com/ChunkCM/CM.index.html#2
Other Articles in this Category
How to avoid US taxes when working abroad
by anonymous
How to Deal With a Bill Collector
by shelala
Other Sites
Storkin.com - Baby and
Pregnancy Tips and Discussion
iPhone Games at TouchArcade.com
iPhone Apps at AppShopper.com
Health Articles
Menopause
Symptoms
HIV/AIDS
Symptoms
West Nile
Symptoms
Diabetes
Symptoms
Pregnancy
Symptoms
Read other Articles -
click here.
|
