2 years, 5 months ago
Can I sue someone in small claims court over a failure to pay for contract design work? And if so, how?
I have all the proof that this client intended to pay and the story is of course complicated, but how do I handle this situation?
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M$1 Answer
It is my understanding, from dealing with some crazy person on ebay, that you can sue someone for basically anything in the United States. Even for looking at you crossed eye... however, winning is another matter.
To take someone to small claims the amount has to be under a certain amount. This is different for states but the average is about 5,000.00. Your local court house will have this information. The smallest amount is 1,500.00. So, if you are owed under 1,500.00 your ok there.
You'll have to go to your county courthouse and ask for the papers to file a case. You also need to take along copies of all of your evidence. I think you have to file copies along with the application. Then I believe it is your responsibility to send copies of the paper work to the defendant. Be sure to send these certified mail, requesting them to sign for it and a proof of delivery card sent back to you. You'll want that card. The court will appoint a day for ya'll to come to court to present the case, and you take any body with you that can provide to be a witness, if any.
There is a fee to file a small claims case. It used to be 25.00 here in Kentucky. It might differ per state, or might have went up.
In short, go to your local, county courthouse. They have all the information you need and be sure to take copies of all of your paperwork.
word of advice: Many times the amount a person is owed is not even worth the hassle of the paper work, and having to take a day off work for court. Of course, sometimes the satisfaction is worth it. However, just because you win, doesn't automatically mean the people will pay. My grandmother had a business which she took several people to small claims. Many cases she won, the people never even paid. A lot of times when the other party is out of state, they don't even show up.
To take someone to small claims the amount has to be under a certain amount. This is different for states but the average is about 5,000.00. Your local court house will have this information. The smallest amount is 1,500.00. So, if you are owed under 1,500.00 your ok there.
You'll have to go to your county courthouse and ask for the papers to file a case. You also need to take along copies of all of your evidence. I think you have to file copies along with the application. Then I believe it is your responsibility to send copies of the paper work to the defendant. Be sure to send these certified mail, requesting them to sign for it and a proof of delivery card sent back to you. You'll want that card. The court will appoint a day for ya'll to come to court to present the case, and you take any body with you that can provide to be a witness, if any.
There is a fee to file a small claims case. It used to be 25.00 here in Kentucky. It might differ per state, or might have went up.
In short, go to your local, county courthouse. They have all the information you need and be sure to take copies of all of your paperwork.
word of advice: Many times the amount a person is owed is not even worth the hassle of the paper work, and having to take a day off work for court. Of course, sometimes the satisfaction is worth it. However, just because you win, doesn't automatically mean the people will pay. My grandmother had a business which she took several people to small claims. Many cases she won, the people never even paid. A lot of times when the other party is out of state, they don't even show up.
source(s):
personal experience
personal experience
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M$
Whoops, accidentally hit enter...Also, what if you need to sue for less than $1,500.00?
I am sorry, I must have worded it wrong. A small claims case can not be over that amount that I said in certain states. Some states the max amount allowed is 1,500.00, while others it is more. You'll have to call your courthouse or some states have the information online. If they don't pay, you might be able to put a judgment against them. This would at least hurt their credit. I am not sure if you can put a judgment on a small claims case, but it would be worth looking into if they don't pay.
here is more information:
This one is for utah but very good information:
http://www.utcourts.gov/howto/smallclaims/
here are some more for different places.
http://www.jud10.org/CountyCourt/SmallClaims/claims.htm
http://www.mobar.org/da48a652-2eaa-4adb-b9f0-ae0007b77912.aspx
Maybe type in the search engine your state with small claims packet to get more information on your state.
So, what's the point of going to court and winning, if you don't get paid? Where's the justice in that? Also,
Also, if the person published the work on the internet, you might be able to get it taken down. If they didn't follow through with their part of the contract, like a breech of contract. Taking this person to small claims might help you gain rights back to your work. (at least prove the work is rightfully yours) Then you can sell it someone else or publish it yourself.