Small Claims Court (1 Viewer)

[Keerock]

Anyone have any tips/clues/hints on filing a successful claim with a small claims court? In Michigan if it matters.

I need to get my money back from a business who is not fulfilling their contract. Really wish I could be vindictive and destroy this guys business, but I at least want my money back.

TIA

 

[mr roboto]

Could you at least tell the story?

 

[Keerock]

Could you at least tell the story?

http://www.yelp.com/biz/lawn-and-snow-king-northville#hrid:AkYvHGnLVWuIiHXtA-s_VA

 

[mr roboto]

Could you at least tell the story?

http://www.yelp.com/biz/lawn-and-snow-king-northville#hrid:AkYvHGnLVWuIiHXtA-s_VA

Looks like you may need to get in line. Can you file a class action small claims? Lol.

 

[E Street Brat]

I've never been to small claims court, but I watch a lot of Judge Judy

Make sure you bring your proof. "Where did you think you where coming today?"

When the judges mouth is moving, yours should stop.

Make sure you put on your listening ears.

Keep your voice up.

Always look at the judge, do not let your eyes wonder around.

Never give the judge your wallet, they will take your drivers license and not give it back.

Do Not approach the bench. Let the big black bailiff come collect your evidence,

That should about do it.

 

[Rayderr]

Document the hell out of everything.

 

[Keerock]

Document the hell out of everything.

Working on it

 

[mr roboto]

Seriously though Kee, based on those reviews, I don't know if you could get anything done. They seem to be well on their way to bankruptcy if even 10% of those reviews are accurate.

 

[Keerock]

Yeah robo... not good. To make matters worse... their published address is a UPS store (basically a mail box)

 

[NutterButter]

How's do the whole driveway plowing service work if it snows overnight and you need your driveway plowed in order to get to work, but your car is in the driveway so they can't plow? Does this only work if you park in the garage?

 

[Phil Elliott]

I don't know what their contract says, but seems they think they may have all kinds of ways to get out of it.

In the review right before yours:

I said they need to do more than try. I was immediately told that my contract was voided for being "rude" and was hung up on.

and right after yours:

Very disappointing service record. Be very attentive to any contract, loaded with loopholes to avoid engagement and deflect responsibility.

 

[Fennis]

how much money are we talking about?

 

[Keerock]

how much money are we talking about?

$250

 

[Keerock]

I don't know what their contract says, but seems they think they may have all kinds of ways to get out of it.

In the review right before yours:

I said they need to do more than try. I was immediately told that my contract was voided for being "rude" and was hung up on.

and right after yours:

Very disappointing service record. Be very attentive to any contract, loaded with loopholes to avoid engagement and deflect responsibility.

That first one is me...

 

[Apes with Guns]

i thought this said small clams court. i couldn't figure out what that would entail.

 

[Fennis]

When the snow starts a-fallin'

There's a man you should be callin':

That's KL5-4796.

Let it ring!

Mr. Plow is a loser

And I think he is a boozer.

Señor Plow no es macho

Es solamente un borracho

 

[Fennis]

how much money are we talking about?

$250

sucks.

Sounds like your kids need to get to shoveling.

 

[Keerock]

Any FFA detectives out there... I need to find an address and the owners name. They have no website that I can find. Some phone numbers I have for them: 248.235.5464 and 313.383.0450

 

[Keerock]

how much money are we talking about?

$250

sucks.

Sounds like your kids need to get to shoveling.

Yep... they're out there now since they have no school today. Good fun in the -30 degree wind chill.

 

[Keerock]

I'm having a premonition that Otis gets me my money back and puts this place out of business.

 

[Dan Lambskin]

Any FFA detectives out there... I need to find an address and the owners name. They have no website that I can find. Some phone numbers I have for them: 248.235.5464 and 313.383.0450

Edit: bad link

Try this then click view owner

Not sure how accurate it is though

http://m.whitepages.com/phone/1-313-383-0450

 

[Keerock]

Any FFA detectives out there... I need to find an address and the owners name. They have no website that I can find. Some phone numbers I have for them: 248.235.5464 and 313.383.0450

http://www.peoplesmart.com/psp.aspx?_act=resultsmobilephone&search=phone&cam=5355&utm_source=wp&utm_medium=wp_Bid&utm_campaign=PhoneUnPub_NoLookup_Bid_B_Responsive&utm_content=5355&utm_term=53550B2&id=53550B2&phone=3133830450

If I have to pay for the info, I'll hire someone rather than pay a website that won't give me anything useful.

 

[Dan Lambskin]

Any FFA detectives out there... I need to find an address and the owners name. They have no website that I can find. Some phone numbers I have for them: 248.235.5464 and 313.383.0450

http://www.peoplesmart.com/psp.aspx?_act=resultsmobilephone&search=phone&cam=5355&utm_source=wp&utm_medium=wp_Bid&utm_campaign=PhoneUnPub_NoLookup_Bid_B_Responsive&utm_content=5355&utm_term=53550B2&id=53550B2&phone=3133830450

If I have to pay for the info, I'll hire someone rather than pay a website that won't give me anything useful.

Try the new link a few times...it came up with a name and address for me

 

[Don Quixote]

You can try a business entity search on the Michigan Corporations Division web site. (Assuming they are registered.)

 

[Keerock]

You can try a business entity search on the Michigan Corporations Division web site. (Assuming they are registered.)

I'm getting nothing

 

[Ignoramus]

In my very limited experience, getting the judgment is the easy part. Actually collecting anything is another matter entirely.

 

[Rayderr]

Given the number of complaints on the BBB, you're probably not going to get anything back.

 

[Keerock]

Given the number of complaints on the BBB, you're probably not going to get anything back.

Just curious... what does one have to do with the other?

 

[Keerock]

So if everyone thinks getting my money back is doubtful... Then I'll have to get even.

 

[Patriotsfatboy1]

You would think that any caveman lawyer worth his salt would already know the answer to this questions.

 

[Keerock]

You would think that any caveman lawyer worth his salt would already know the answer to this questions.

Good point

 

[Juxtatarot]

Given the number of complaints on the BBB, you're probably not going to get anything back.

Just curious... what does one have to do with the other?

People that own poorly run businesses that ignore their customers and have addresses as a UPS box aren't generally the type of people that voluntarily pay money just because a small claims court rules they are supposed to.

 

[Phil Elliott]

I don't know what their contract says, but seems they think they may have all kinds of ways to get out of it.

In the review right before yours:

I said they need to do more than try. I was immediately told that my contract was voided for being "rude" and was hung up on.

and right after yours:

Very disappointing service record. Be very attentive to any contract, loaded with loopholes to avoid engagement and deflect responsibility.

That first one is me...

Ahh, ok. As was posted, you can get the judgement but collecting is the hard part. Before you go too far, you may want to just sleep on it a few days and not let it get you too worked up. Might just chalk it up to a $250 lesson. Don't let it cost you more.

 

[Mookie]

As someone else said, winning in Court is the easy part, and in your case, that doesn't look so easy since you can't find them and they probably had you sign a weasley contract that gives them all of the legal clout. Even if you win, you will have to levy upon their property to have it sold at auction before you see a dime. The Sheriff takes his cut before you get anything. The company can and probably will file for bankruptcy protection.

Save your money and buy a snowblower. For $250, pursuing this in small claims is not worth your time.

 

[McGarnicle]

Take pics after every storm to show that they never came to clear the snow.

 

[Fennis]

have sex with his snow plow

 

[James Daulton]

Contract cancelled for rudeness. Good stuff.

 

[McGarnicle]

Next year they probably set up shop under a new name, rinse, repeat. Eventually the culprits will be brought to justice, hopefully get pounded in the ### vigorously in prison.

 

[Polish Hammer]

Find out where they park their trucks, drill holes in tires. Then they won't be able to get out and plow people's snow and their reputation will be ruined!!

Oh, wait a second....

 

[Keerock]

Take pics after every storm to show that they never came to clear the snow.

Done.

 

[bshell27]

Not sure about the civil procedure and I am not sure if you can find an attorney to handle the case, but try to talk with an attorney to file a consumer class action. Not sure how many class members there are but if there are 1,000 and you paid $250 each, an attorney may look at it.

The problem as stated is if you win a small claims award or if you win a class action judgment, will it be paid? Worst thing you can do is get the judgment and make sure it is reported to the credit bureaus so it follows him/her for 7 years.

*This post should not be considered or construed as legal advice. The creation of the attorney-client relationship would require direct, personal contact between you and a firm through one or more attorneys and would also require an explicit agreement by the firm that confirms that an attorney-client relationship is established and the terms of that relationship. You should not act or rely upon information contained in these materials without specifically seeking professional legal advice.

 

[bshell27]

As someone else said, winning in Court is the easy part, and in your case, that doesn't look so easy since you can't find them and they probably had you sign a weasley contract that gives them all of the legal clout. Even if you win, you will have to levy upon their property to have it sold at auction before you see a dime. The Sheriff takes his cut before you get anything. The company can and probably will file for bankruptcy protection.

Save your money and buy a snowblower. For $250, pursuing this in small claims is not worth your time.

Principle. How many other people are there that will throw their hands up and not stick it to these types? Yes, it will cost almost as much in filing fees and time as the judgment will pay, but someone needs to take a stand.

 

[Don Quixote]

You can try a business entity search on the Michigan Corporations Division web site. (Assuming they are registered.)

I'm getting nothing

I guess they are not registered then. If they cashed your check, do your bank records show the reverse side on who endorsed it? Maybe you can get a name from that.

 

[Keerock]

As someone else said, winning in Court is the easy part, and in your case, that doesn't look so easy since you can't find them and they probably had you sign a weasley contract that gives them all of the legal clout. Even if you win, you will have to levy upon their property to have it sold at auction before you see a dime. The Sheriff takes his cut before you get anything. The company can and probably will file for bankruptcy protection.

Save your money and buy a snowblower. For $250, pursuing this in small claims is not worth your time.

Principle. How many other people are there that will throw their hands up and not stick it to these types? Yes, it will cost almost as much in filing fees and time as the judgment will pay, but someone needs to take a stand.

I'm pretty much resigned to the fact that I'm out $250... it's about the principle (revenge) now...

 

[Keerock]

You can try a business entity search on the Michigan Corporations Division web site. (Assuming they are registered.)

I'm getting nothing

I guess they are not registered then. If they cashed your check, do your bank records show the reverse side on who endorsed it? Maybe you can get a name from that.

For Deposit Only

4257995064

 

[Rayderr]

As someone else said, winning in Court is the easy part, and in your case, that doesn't look so easy since you can't find them and they probably had you sign a weasley contract that gives them all of the legal clout. Even if you win, you will have to levy upon their property to have it sold at auction before you see a dime. The Sheriff takes his cut before you get anything. The company can and probably will file for bankruptcy protection.

Save your money and buy a snowblower. For $250, pursuing this in small claims is not worth your time.

Principle. How many other people are there that will throw their hands up and not stick it to these types? Yes, it will cost almost as much in filing fees and time as the judgment will pay, but someone needs to take a stand.

I'm pretty much resigned to the fact that I'm out $250... it's about the principle (revenge) now...

Just out of curiosity, how did you end up contracting this company? Craigslist ad? Flyer? Some guy knocking door to door?

 

[Officer Pete Malloy]

Don't take the law into your own hands...

 

[Keerock]

As someone else said, winning in Court is the easy part, and in your case, that doesn't look so easy since you can't find them and they probably had you sign a weasley contract that gives them all of the legal clout. Even if you win, you will have to levy upon their property to have it sold at auction before you see a dime. The Sheriff takes his cut before you get anything. The company can and probably will file for bankruptcy protection.

Save your money and buy a snowblower. For $250, pursuing this in small claims is not worth your time.

Principle. How many other people are there that will throw their hands up and not stick it to these types? Yes, it will cost almost as much in filing fees and time as the judgment will pay, but someone needs to take a stand.

I'm pretty much resigned to the fact that I'm out $250... it's about the principle (revenge) now...

Just out of curiosity, how did you end up contracting this company? Craigslist ad? Flyer? Some guy knocking door to door?

Flyer

 

[Keerock]

Don't take the law into your own hands...

No, I wouldn't... but there's plenty I can do to legally make his future business more difficult.

I've already filed a complaint with BBB and added a negative rating on Yelp. Small Claims Affidavit being sent today.

The domain name of the company is available. I may grab it and put up a website linking to all of their bad reviews.

 

[Anarchy99]

I have gone to small claims many times as a merchant. Here's what I would do.

For starters, ask for way more than the $250.00. Since you assumed that they would do what you paid them for and they didn't, I would claim that you had to find someone else to clear snow on an emergency basis (ie, at marked up prices), even if it was a handyman or a high school kid down the street. I would also ask for filing fees. I don't think you can ask for lost wages by having to go to court (you can't in my state), but you could always try. The worst they could say is no. Add all that up (say it's $1,000 . . . the total doesn't really matter as you probably won't get it).

They probably will not show up to court, so you may "win" by default. They will send a default notice to the company and they won't pay that either. You will need to go back to court saying they never paid, and eventually they will say that they made no attempt to pay off a judgment. At that point, you can try to place a lien on the business (and you will likely be 147 in line). Ultimately you are unlikely to collect a penny, however, I believe you can then take whatever you were awarded as an itemized deduction on your taxes on a Schedule A form, I believe on line 28 as a miscellaneous deduction. So you could end up getting a write off for way more than the amount you lost.

Another option is that if you paid by credit card, you can call your bank or card issuer and dispute the charge, saying they fraudulently charged your card and you never authorized them to charge your card. That would get you your money back immediately. If you explain everything and say you agreed to using them as a service, they initiate a charge back and will then send everything to credit card arbitration. Eventually you might win, but it will take a few months (thus why I suggested you say they fraudulently charged your card). Chargebacks can go either way, and it depends on how much your credit card company wants to fight for you. If the other party never responds, you would win automatically. That's why people are better off paying with credit cards than by cash or check, as you at least have a chance to dispute things without having to go to court.

Good luck . . .