Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs:
| Question about Small Claims Court
I had a question about small claims court and where to file. I'm trying to take someone to court that owes me money. The problem is, I live in NYC and they live in Indianapolis now. Can I file in NYC? or do I have to do it in Indianapolis? If I have to do it in Indianapolis, can I file it by mail? or must I go in person to file it? I know I will have to show up on the court date for it but do I have to go in person to being the filing process? The amount I'm suing for is $1,200.
--
Join the BBR MLB 2K7 League
The internet is a series of tubes.. |
|
NanDog
The Pup Was Female, I'M Not
Premium
join:2003-12-28
Tacoma, WA
 ·HarborNet
| AFAIK, you must file the claim where the person you're suing resides or where the reason for the claim occurred. Here's a link to the NY info: »www.nyc.gov/html/dca/html/public···ms.shtml
--
See ya across the Rainbow Bridge, my good and faithful friend! |
|
Hall
Premium,MVM
join:2000-04-28
Dayton, OH | reply to Julio
Not trying to be nosey, but what is involved ? Did you mail/ship them something and they didn't pay ? Did you provide a service to them and they didn't pay ? It may matter like NanDog says. |
|
Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs: | reply to Julio
I loaned them some money. There was no purchasing involved. |
|
caddyroger
Premium
join:2001-06-11
Graham, WA
 ·Comcast
| said by Julio  :I loaned them some money. There was no purchasing involved. Did you write a agreement and signed it. Have a cancelled checks where he cashed it. Anyone who witness the transaction. If you do not have proof If going to hard.
--
Caddy |
|
Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs: | reply to Julio
it was via Western Union. |
|
NanDog
The Pup Was Female, I'M Not
Premium
join:2003-12-28
Tacoma, WA
·HarborNet
edit:
May 7th, @10:31PM
| reply to Julio
You loaned them money. 
(Edit): BTW, been there, done that!  
Did you get a promissory note or some other form of documentation?
If it was just a handshake agreement, your case will be tougher to prove.
Good luck! 
--
See ya across the Rainbow Bridge, my good and faithful friend! |
|
Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs: | reply to Julio
I got Internet chat logs and txt messages on my phone from them. |
|
NanDog
The Pup Was Female, I'M Not
Premium
join:2003-12-28
Tacoma, WA
·HarborNet
| If there was no promissory note then have hard copy of everything that transpired between you and the other party. The chat logs, text messages, wire transfers, your bank statements that show the transaction(s), statements from family and friends that backup your claims, etc., etc.
The court will want any verifiable proof you can provide!
--
See ya across the Rainbow Bridge, my good and faithful friend! |
|
Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs: | reply to Julio
k. So the question that remains is. do I file in NYC? or Indianapolis? |
|
cocothebean
You Are My Nightmare
Premium
join:2002-11-16
Carson City, NV
edit:
May 7th, @10:53PM
| reply to Julio
You go to the court house downtown and ask how to do an interstate suit there.
Keep in mind that if you win and they don't want to pay you're screwed - AGAIN!!! |
|
NanDog
The Pup Was Female, I'M Not
Premium
join:2003-12-28
Tacoma, WA
·HarborNet
| reply to Julio
You said they live in Indianapolis now.
Were they in NYC when the issue occured?
You need to find out which court (state, county, municipal, etc.) has jurisdiction.
Then take it from there.
--
See ya across the Rainbow Bridge, my good and faithful friend! |
|
Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs: | reply to Julio
They were in Indianapolis when I sent it to them. |
|
cocothebean
You Are My Nightmare
Premium
join:2002-11-16
Carson City, NV
edit:
May 8th, @02:31AM
| reply to Julio
I do believe that if you don't have anything in writing that it was a loan your case is weak at best!!! |
|
Hayward
K A R - 1 2 0 C
Premium
join:2000-07-13
Key West, FL
edit:
May 8th, @02:48AM
| reply to Julio
{problem with Small claims is if you are the debtee you can win a decision.... but if you are the complainant... a decision is just that.... most states have no real enforcement behind a SMC decision.
So still likely more cost if they choose to just ignore/not pay....
Just as far BEYOND SMALL CLAIMS, (but still just civil law) OJ has gotten away with his BS.
--
»haywardm.com (Hayward's Key West)
|
|
Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs:
| reply to Julio
Well right now I'm still trying to get them to start paying it back before I go this route but I wanted to know my available options in case.
--
Join the BBR MLB 2K7 League
The internet is a series of tubes.. |
|
weaseled386
join:2008-04-13
Port Orange, FL
 ·Verizon Wireless B..
 ·mybrighthouse
| This sounds like a case for Judge Joe Brown!!!
Is there a way to get a hard copy of the chat logs from the cellular provider? There's a lot of room for speculation if you just type the chat logs out on WordPad or something like that.
This is why I refuse to loan anything more than I'm willing to lose. IE: if a coworker asks for some cash $10 limit, if my dad or sister asks for cash it's whatever I can give without my family going without!
Sorry I cannot answer what state/court you need to go to. But seriously... give Judge Joe a call |
|
Hall
Premium,MVM
join:2000-04-28
Dayton, OH
| said by weaseled386 : Is there a way to get a hard copy of the chat logs from the cellular provider? Your wireless provider has the ability to do it but likely won't without a court order. You could use a program like BitPIM (for CDMA phones) but nothing proves it's legit. I would retrieve them from the phone and print them (for ease of reading) but keep them on the phone to show the number they're from.
What about forwarding the text message to an e-mail account ? Wonder if it retains enough info ? |
|
Julio
Bachatero y Que?
Premium
join:2003-03-19
Brooklyn, NY
clubs: | reply to Julio
mmm not sure. I have a Windows Smartphone. Wonder if they have programs for it. |
|
weaseled386
join:2008-04-13
Port Orange, FL | Is there a way to hook it up to a printer?? If not, it should at least have an email client. That way you could easily email the logs to a computer with a printer. |
|
