Small claims lawsuit

[Janus]

Has anyone had success with a small claims suit? If so, how were you able to prove your case? I'm planning on filing one against a former employee who has refused to pay the work money he owes me. My main concern is that all the legal proof (time cards,etc.) is actually in his hands and I really don't have any official documentation of employment since he was pretty much paying me under the table so to speak.

[Steve_j]

You in the uk?? Im curious about this myself.

Im thinking of heading down a similar road with an ex flatmate who we had to throw out after he did £900 worth of damage and leaving us short on rent :(

[Janus]

You in the uk?No.

I recently just did some research and it seems that the trial is just the first step. Actually collecting the payment is a whole separate process which may require further documentation/fees and help from law enforcement if the debtor is unwilling to pay. I hope the UK legal system is less bureaucratic for your sake.

[yuon]

Disclaimer: I'm not in the USA, I'm not from the USA, I am not a lawyer of any sort. If you believe everything you read on the Internet, you are silly.

It would depend which state you are in.

The main thing is that you don't need a lawyer, indeed, can't have one (and neither can the other person). But, it limits the damages that can be awarded.

Get all your shit together, any evidence you have.

Ask a clerk at the court house if you can demand evidence from the other person.

Err.

[Jimmie Higgins]

Disclaimer: yeah, all the info I have is my own experience, so I would suggest trying to talk to free legal advice first and seeing what they say.


I have reluctantly gone to small claims twice - lost both times. Once against my slumloard - who knew the court officers by first name! Oh, and guess what, we lost.

The second time was a ex-roommate who left without paying rent - he counter sued for the exact same amount saying that he didn't recieve his security deposit back (which no one there did anyway, so even if he haddn't skipped out, he would have got nothing).

I had all my info notarized with a letter from my landlord and my other roommates verifying our story - we had a copy of the lease and copies of the checks when we had to cover his rent. The ex-roommate brought his brother to verify his sisde of the story and no documents. The Judge didn't look at any of the documents and claimed it was he-said/he-said and so he split the difference... the whole thing took about 1 minute.

The judge didn't care - I doubt that any judges care (based on other things I've gone to court for, I think they are basically the modern equivalent of slave-traders).

If you are going to court, have a live witness and all your documents in order - after that it's all just whatever mood the judge is in and if he likes you and trusts your story or not.

[Janus]

I finally found a free legal service in my area that may be able to help with consultation for my case. Hopefully I'll be able to set up an appointment soon.



Ask a clerk at the court house if you can demand evidence from the other person.I don't think such an action is legal not to mention that my former employer could simply destroy the evidence or claim it to be lost.


If you are going to court, have a live witness and all your documents in orderThat's where the problem is with my case. I have no official evidence and none of my co-workers have replied to me yet. Based on your experience, I'm thinking about applying for a jury trial.