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legal question

Discussion in 'BlackHat Lounge' started by theseodude, Jul 28, 2012.

  1. theseodude

    theseodude Regular Member

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    I am going to sue someone who owes me $1400 in small claims court.
    this person has signed an agreement saying he will pay for all my attorney fees, collection fees, and any other costs resulting from my collection efforts.
    I have not hired an attorney or collection agency because its not necessary, I know how to fill out the small claims papers.
    I am wondering if there is any other costs that I could add to this $1400. Maybe hire a family member to do something and pay them?
    Is there any costs that I could "incur" and add on to the amount I am suing for?
    I was going to ask this in a legal forum but the people there are too uptight and they will not answer such questions.
     
  2. nipunn12

    nipunn12 Regular Member

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    Your rep is -6. Trying to scam them?
     
  3. theseodude

    theseodude Regular Member

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    I think it is justified to add another $500 to the amount, I mean I feel that it is unfair that I have to do all this work and not get paid a penny more. I need to be paid for my time.
     
  4. angelas111

    angelas111 Jr. VIP Jr. VIP Premium Member

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    unless your are paying an atty the judge will not fall for fictitious expenses.
     
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  5. B. Friendly

    B. Friendly BANNED BANNED

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    Understand whatever you present is going to be given to a JP (who may or may not be a lawyer or a legitimate judge). But he has BROAD powers. He can slap your legit suit down to nothing because his underwear are riding up his crack if he wants.

    You can politely ask for reasonable administrative costs, such as the time spent collecting, the cost of the filing, gas & time driving around, maybe some secondary costs that might have been incurred as a result of not getting paid on time. I think $500 is reasonable, but you'd better break it down and it had better be reasonable. Also get ready for the defendant to explain exactly why they don't believe they should have to pay you. A JP with broad legal authority can interpret "black hat" to mean anything he wants to, and it doesn't have to be "illegal" or illegitimate in order to be considered unacceptable to the average SEO-buying citizen. Did you fake Yelp reviews? Then you're a liar, which then discredits anything you might say in court and under oath. Did your SEO actions open the door to the client possibly looking bad, or being apprehensive? That's enough for a non-SEO professional to decide your services are worth "0".

    JP's in Small Claims Court go to the heart of the matter. The law isn't an impediment to justice like it is in the real world, but rather a guide to achieving it, so after hearing all the facts the judge/JP is going to adapt whatever laws he sees fit to make whatever he thinks justice looks like happen, so you better hope that your notion of justice looks like what the Judge's idea is, otherwise you are going to lose. Worse, if the Defendant counter-sues, you might wind-up having to pay him. Sheriff's Deputies come by your house or your business and start seizing property in order to satisfy a Small Claims Court judgement, which means your big-screen TV, your computer, your whatever. There are certain properties they cannot seize, but that doesn't stop them from walking into the middle of your universe (your business, your house) and having a "go" at making things very uncomfortable.
     
  6. marusia

    marusia Senior Member

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    You can ask the court the cost to summons them and the filing expenses. That can be included and should be a couple hundred bucks in a small claims court.
     
  7. kvmcable

    kvmcable Supreme Member

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    What Marusia said is about all I'd tack on. I've been to plenty such cases and the Judge or Magistrate listens to all the details before digging through the cost assessments and if they get a hint you're tacking extra fees on then expect them to go in reverse and justify why you're not entitled to what you're owed. I've seen it many times. It's as if they get insulted that you brought a solid case and now trying to you them as a pawn to get extra. They don't like it a bit, I can assure you.

    Ask for what you're owed and filing costs. It will make you look more reputable and many times in small claims it's who looks the most honest wins the case. Facts are important but if not presented from someone with integrity then often overlooked. Be the good guy and voice your frustration in the process and disappointment in your partner that owes you $1400 and court costs. Try to use the Judge to stick it to him and you might lose everything.
     
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  8. ja1myn

    ja1myn Senior Member

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    It doesn't matter if it's just small claims court. Get a lawyer. Do we contact the pharmacist when we have a tooth ache or do we contact the dentist? The dentist. They are specialized. Lawyers are specialized in law and with the legal system being as complex as it is, you're going to need one even if it's just small claims.
     
  9. B. Friendly

    B. Friendly BANNED BANNED

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    Erm. No DON'T get a lawyer. As soon as the lawyer shows up, the standards you are expected to adhere to increase dramatically. Things will be "loose" for the Defendant and the Lawyer will be expected to comport himself as a professional Small claims court was created specifically to give average people legal redress without having to pay for an attorney. You won't get a Lawyer to show up to small claims court anyways. It's a trial. Trials involve preparation, which takes time and costs money. It has all of the risks of a "real" trial, and much less reward.

    What attorney wants to lose to an unrepresented citizen in small claims court? Plus they have malpractice risks which don't disappear because it's small claims court. What happens if your lawyer makes a mistake and winds up in some Bar disciplinary proceeding over how well he represented Farmer Jones, who was alleged to have sold Mrs. McGillicutty sour milk? Would you jeopardize your entire career over some pissant dispute between two nobodies?

    I'd guess even the newest, least-experienced lawyer is going to want at least $500, and I don't think you get to sue for attorney's fees in a legal environment where representation is optional. Meaning, the judge figures you decided to take a lawyer to court for what should be a very small and informal matter, and so you can pay for that luxury yourself and not try to make the guy you are suing pay for it.

    What happens when the Judge decides that you've showed up with an attorney because you are using the rule of law in order to get away with what could be described as "legal fraud", such as selling pictures of cell phones on eBay and clearly describing the fact that it's only a picture in the "Item Description", then claiming it's the Buyer's fault for not reading the fine print. Judge Judy called that FRAUD, and didn't give a rat's backside about what the "Item Description" said. Some people think they can get cute with the law and make it give them desired results by being clever, but legal minds understand the difference between the letter and the spirit of the law and in Small Claims court, some wise-ass shows up with an attorney for a $1,300 matter and the first thing the judge is going to wonder is if the Defendant was scammed out of his money by a huckster that used illicit and ineffective methods, and then uses an attorney to get paid for undesired results.
     
    Last edited: Jul 29, 2012
  10. B. Friendly

    B. Friendly BANNED BANNED

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    Huh. Well I think that's wrong. I think that after you get a judgement in small claims court, you go the the county sheriff, file that judgement with them and then at some point they execute the judgement. Trying to talk someone out of small claims court, and into your debt collection service, huh?