Anyone ever use small claims court?

[Chunk-O-Funk]

I have a former tenant that I am trying to collect the remaining balance of rent. The guys got more excuses than \MM/ has inquisitive threads and I really don't want to let him off the hook.


Just wondering about the process. Yes, I've seen Judge Judy.
Any experiences? Plaintive or defendant?

[hbarcat]

I've used it successfully. Ironically to get my deposit back from a landlord.


You just go to the court and fill out a form that summarizes what the dispute is about and file a fee (in my area it's about $25). You will be assigned a date and time and you show up and make your case, The judge will try to keep things moving by asking direct questions that he wants direct answers to. Then he makes a decision and that's it.

-- there are no lawyers involved (or allowed)
-- be very respectful and polite of the judge and also the defendant. the judge will be very annoyed if you start bad mouthing the guy you are suing. if the other guy starts lying about the case, don't interrupt or make faces and such--just wait your turn and give your side of the story when the judge asks you, any decent judge can spot lying a mile away.
-- answer the judge's questions matter-of-factly. Don't embellish or go off on a tangent just to vent your frustrations.
-- be honest in your answers even if some detail of your answer doesn't make you look good. the judge has seen it all (from deadbeat tenants to negligent slumlords) and if you try to hide something he will know anyway and your obfuscation will only annoy him
-- be prepared. have everything you need in writing and make sure that if there is evidence that requires testimony of a witness that you bring that witness and make sure they know to also be respectful and truthful. Bring pictures or videotape or DVD if you need to visually back up something. They have the facilites to look at video available from most normal formats.


The whole process is very quick and easy (and only costs the modest filing fee). If you are in the right and you can back it up with the basic evidence, then it's pretty sure you will get the judgment you want.

Good luck.

[fdeck]

I have never used small claims court. But it's worth noting that winning a judgment and collecting on it can be two different things.

[hbarcat]

Originally Posted by fdeck

I have never used small claims court. But it's worth noting that winning a judgment and collecting on it can be two different things.

That's true--you can't get blood out of a turnip. But the fact that a legal judgment is entered against a person makes it many times more likely that you will get paid.

[CapnSev]

My wife and I used it against a bogus personal training business, and it worked fantastic for us. We got all the money we "lost" to them. Really, I think if you are in the right the judge knows that, and the system works.

[thefruitfarmer]

Originally Posted by fdeck

I have never used small claims court. But it's worth noting that winning a judgment and collecting on it can be two different things.

Someone drove into the back of my car, did n't stop and it eventually turned out they had no insurance. I claimed from my then full insurance thinking I would be able to get the money off them.

They did n't turn up to the small claims court and the judge ruled in my favour.

However, I did n't get any money out of them - if they have n't got it then you can't have it, essentially.

I wrote this off to experience.

I spent £600, as I lost my no claims bonus.

What I should have done was have the back of the car hammered back in to shape for £100 and left it at that.

Now I drive old cars, with minimal insurance and if it gets damaged it's cheaper for me to pay for the repair anyway than spend all the time and effort suing somebody when the result is n't guaranteed.

My take on cars is that if you can afford to run a car then you have to accept that it will get damaged every now and then and these repairs are part of the cost of running it.

My opinion with your tenant is to leave it. Use the experience to set criteria to get more reliable tenants in the future. You could have trouble finding them and they may be ordered to pay so much per week if they are on low income. The whole thing could drag on for years. Once you factor in the cost of your time and effort than the value of any recouped money is diminished.

I have rented out rooms before, some good tenants and some bad. Now I have a 6th sense that sets alarm bells going when I interview someone who will try and manipulate out of paying their way in life.

[Freddels]

Not sure how the landlord/tenant law works in RI. Here in MA, we have a LL/T court that is specifically for these types of cases. If you get a judgment you can collect if he has assets (car, bank account, job). Make sure you have all your ducks in row and go for it.

[L-A]

I really can't help you there. The way it is in Quebec allows for non-paying tenants to squat an apartment for at least 6 months before legal action can be taken. It's really bad.

However, I'd say you are in a good situation to use the small claims court. It would be an inexpensive, yet efficient way of making the tenant understand that you are serious about keeping the balance. Maybe he'll just end up going somewhere else, but at least it'll be off your hands.

[Steve]

I've gone to SCC maybe a dozen or more times. Getting money out of deadbeat bar owners or construction clients, stuff like that.

Never have I encountered any degree of theatrics or idiocy like what you see on TV.

Rule #1: Have a case, not BS. If you do, winning is fairly easy.

Rule #2: Getting the judgment is easy, Collecting the judgment can be a total PITA.

You had better be dealing with a large chunk of money or, like me, have a fairly wide vindictive streak running through you to make it worthwhile.

[Chunk-O-Funk]

Thanks guy.
Good advise as usual.

Originally Posted by TheFruitFarmer

My opinion with your tenant is to leave it. Use the experience to set criteria to get more reliable tenants in the future. You could have trouble finding them and they may be ordered to pay so much per week if they are on low income. The whole thing could drag on for years. Once you factor in the cost of your time and effort than the value of any recouped money is diminished.

I have rented out rooms before, some good tenants and some bad. Now I have a 6th sense that sets alarm bells going when I interview someone who will try and manipulate out of paying their way in life.

Thanks.
I like to think I have that 6th sense as well. I've owned this two family apartment that I live in for 16 years and this is the first problem I've had. Unfortunately, this guy was referred to me from a family member. I met him and agreed to rent the apartment. Truth be told, if he had responded to an ad I put in the paper I'm sure I would have passed on this guy. Just another story of the good guy getting walked on I guess.


I'm also on the fence about trying to collect via court. I know he doesn't have a lot of money, but I know he can pay me. He is now in the phase of not returning my calls. He comes off as not a bad guy, and he swore to me he's not "that kind of guy" and would pay me, but I know for a certain fact he is the type of person who will try and get away with it if you don't pursue it. The sad part about him is he has a decent (actually very good) trade, but all his money problems are self inflicted.

Originally Posted by Freddels

Not sure how the landlord/tenant law works in RI. Here in MA, we have a LL/T court that is specifically for these types of cases. If you get a judgment you can collect if he has assets (car, bank account, job). Make sure you have all your ducks in row and go for it.

Thanks, Fred.
I was trying to look online to see if my case was for small claims or not. I'll have to give them a call to find out.

The situation is they no longer live in the apartment and simply owe me a remainder of the rent. The amount of money owed is not enough to get a Lawyer involved.


The thing is I know I'm in the right and do have plenty of personal documentation showing I did nothing but cater to him. The only reason I'm considering small claims court is I'm certain I would win. I don't have a vendetta against him, it's simply business. He agreed to pay me under contract and has not.







Well,.....I have one more angle before trying the judicial system. One more part of this story is he was actually the roommate of the person I rented too. He is also friends of family members. I think the mention of court may provide enough motivation, but If I intend to use that I will have to follow through. Letting his roommate know what I intend to do (he will get served too) enhanced by family members may provide the motivation I'm hoping for. If not, my last words to him will be "see ya in court, sonny". I've always want to say that and mean it.

[Chunk-O-Funk]

Originally Posted by Steve

I've gone to SCC maybe a dozen or more times. Getting money out of deadbeat bar owners or construction clients, stuff like that.

Never have I encountered any degree of theatrics or idiocy like what you see on TV.

Thanks.
I figured as much. If Judge Judy's court was run the way an actual court was run she wouldn't have a show. I'm sure it's as simple as my statement and evidence, his statement and a judgment. NEXT!

Originally Posted by Steve

Rule #1: Have a case, not BS. If you do, winning is fairly easy.

I'm confident. Mater of fact, I hoping the defendant will try to defend himself by opening his mouth and saying something. It will make my case all that much easier. Not saying he's stupid. Just saying a great deal of my conversations with him involved tall boots.

Originally Posted by Steve

Rule #2: Getting the judgment is easy, Collecting the judgment can be a total PITA.

You had better be dealing with a large chunk of money or, like me, have a fairly wide vindictive streak running through you to make it worthwhile.

Collection is one part I'm trying to decide on. There is a good chance that I may not collect, but why should I make it easy for him. RI small claims court has a $1500.00 limit, but what he owes me isn't exactly chump change either.