Small Claims Court

[ReneeW]

Hey Ladies! Ever taken someone to small claims court? Unfortunately I think I'm stuck with that as my last option. I did freelance work for a company a YEAR ago and they still haven't paid me. Grrrrr ... SO frustrating. I've sent them a number of e-mails documenting the work I did, why I did it (they had a marketing plan that I was following) etc. and I am beyond fed up. I mean, it's been an entire stinking YEAR. What cheating nasty liars.

So -- if you've ever had to take someone to court and have any tips or insight, I would surely appreciate it. I'm not looking forward to this--am dreading it actually--but at this point, if I don't take them to court I don't think I'll ever see my money.

[AuntSueto4]

Hi Renee, So sorry to hear you have not been paid for the freelance work you did.

The Housing Cooperative that I live in had to file a claim in Small Claims Court re: Roofing Company. (Cooperative represented itself in court, No Attorney.) We WON!!! I didn't have to do any paperwork, as the Cooperative President had to do that.

Slightly different is: Arbitration. I have had to go thru Arbitration for a car accident. I represented myself, (No Attorney) I presented copies of all the medical bills, mileage to medical appointments, filing fee to be reimbursed. I also, ahead of time got a written agreement from the medical providers that if the Arbitration was awarded at less than the amount I owed them, that provider would accept that as paid, without making me personally come up with the rest of the $$$$.


Here's some very helpful information/links:

MN Judicial Branch, Self-Help Center:

NOTICE: Effective August 1, 2012, the dollar limits in Conciliation Court will be: $10,000 for general claims; $4,000 for consumer credit cases; and $15,000 for forfeitures. Read the changes in MN Statute s. 491A.01 subd. 3.

Conciliation Court is also known as "small claims" court. General claims of $10,000 or less can be filed in Conciliation Court. Once you file a claim, you cannot later file another claim for more money related to the same event(s).

Conciliation Court procedures are easier to follow and the filing fee is lower than the District Court level. You do not need a lawyer to go to Conciliation Court.
IMPORTANT! Winning in Conciliation Court does not guarantee payment. You are responsible for collecting your judgment from the losing party. The Court does not collect the payment for you. Collecting a judgment can be difficult and may involve additional out-of-pocket expenses for filing fees and other costs. For more information, go to How Do You Collect a Conciliation Court Judgment?

www.mncourts.gov/selfhelp/?page=313

www.mncourts.gov/selfhelp/?page=1688#Q-How-do-you-collect-a-Conciliation-Court-judgment



Laws, Rules & Resources on Money Judgments

www.mncourts.gov/selfhelp/?page=3511

[onlyoneboy]

I almost took what I believe is a non-profit to small claims court, but, was able to get my money back by going a different route. The one thing I did find out was that even if I would have taken them to small claims court and won there is no one who would enforce them actually having to pay me. Have you tried the BBB?

[ReneeW]

I was hoping that by actually filing the paperwork with the court they'd be motivated to pay me. Grrrr .... We'll see what happens. After the court rules in my favor I should go to the BBB -- good idea. The more people who know they're unethical and should be wary of doing business with them the better.

[deannemdm]

Also think about writing something on Angie's list-- gets out ot more people than BBB alone

[merrr]

I was going to write a review on Angies list recently about a photographer that I was really let down by... and then I discovered that I had to PAY to be a customer writing the review

[nevaehsmom327]

I would report to the BBB BEFORE you try and file in court. Filing in court can be quite spendy ($300-$400 sometimes) so if they already owe you money, go the free routes before the expensive ones

[bumblebee23]

My husband took someone to small claims court once. It cost a small filing fee and that was it really. They went in and the whole thing was done and over with in a few hours.