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Does anyone have experience with small claims court on LI? It's a long story, but I paid a 5k+ for a service that I never received. I want my money back and was advised to go through small claims.
How does the process work? What do I need to do? Bring? What steps should I have taken before going into small claims court?
Do you have documentation and proof that you paid, and that you never received the service?
If you go to court make sure you know what you're asking for. In your case, a refund of monies paid. I'm assuming that if the service was provided now it wouldn't be useful or timely for you?
Also, note that while you might win a judgment you might have to fight to get it collected.
I'm also assuming that you didn't pay on a credit card, because with that option you can dispute the charge now - and certainly would get it removed if you win in court.
Do you have documentation and proof that you paid, and that you never received the service?
If you go to court make sure you know what you're asking for. In your case, a refund of monies paid. I'm assuming that if the service was provided now it wouldn't be useful or timely for you?
Also, note that while you might win a judgment you might have to fight to get it collected.
I'm also assuming that you didn't pay on a credit card, because with that option you can dispute the charge now - and certainly would get it removed if you win in court.
Yes - we have a signed contract with a list of services. The service itself wound up being completely unnecessary. (It's a long story). We paid up front with checks b/c a credit card was not possible.
Yes - we have a signed contract with a list of services. The service itself wound up being completely unnecessary. (It's a long story). We paid up front with checks b/c a credit card was not possible.
Who deemed it unnecessary? Did you already ask for a refund for that part and what was their response?
Was there line item pricing on the contract or just one price for all of the work?
You need to be able to clearly document the amount you are asking for. (A line item on the invoice/quote 0is best).
You need to be able to document that you attempted to get the money back. (Letters, emails, etc.). If only phone calls, a written log of time/date/what was discussed is better than nothing. You must make some reasonable attempt before going to court.
You need to anticipate what the other party will say. Unlikely they will admit you are owed the money. Will they claim you decided the work was necessary and the pricing was based on the entire package? Will they claim the $5000 is not what that item cost? Will they say they offered you some compensation and you declined? Will they say they are still willing to do the "unnecessary" work but you don't want them to?
You have to have a stronger case then they do and be able to back up everything you say. You need to keep emotion out of it. It's all Joe Friday - "Just the facts, ma'am."
Small claims isn't that difficult and you are almost guaranteed a win if you are in the right and can document it. You file a claim and get a court date. Both parties appear and state their cases. Questions are asked and ruling is made. Many times the other party doesn't show up... this can lead to a postponement or a default judgement.
Small claims court is designed to not need a lawyer, although sometimes it is a good idea to get advice from one before you go and plead your case.
As already noted, getting paid can be the tough part. Small claims court has no direct enforcement authority.
Great info here. But to add, if all you have are phone calls, a log isn't much at all.
Write everything out in a letter (with details) and certify mail it to their business asking for a refund. Hope they don't reply. If they don't reply, now you have your side of the story in writing. If they reply, you'll see how well prepared they are to be sued. 5k, I wouldn't be surprised if one party chooses to hire an attorney.
Great info here. But to add, if all you have are phone calls, a log isn't much at all.
Write everything out in a letter (with details) and certify mail it to their business asking for a refund. Hope they don't reply. If they don't reply, now you have your side of the story in writing. If they reply, you'll see how well prepared they are to be sued. 5k, I wouldn't be surprised if one party chooses to hire an attorney.
No one is going to hire an attorney for a $5k dispute. The people who bring attorneys to small claims are people whose friends or relatives are attorneys. It'll cost a couple thousand just to retain an attorney otherwise.
You go down to Islip or Hempstead. You pay $15-$20 to file. You fill in a form that states your grievance and what you're seeking in damages.
Bring every receipt, cell record, cell phone, check, witnesses, etc, etc.
Be prepared for the respondent to not show. They can postpone up to three times. And they typically do just to buy time and/or waste your time.
If you win that's just the first step. You then have to try and collect. I had to have the sheriff get involved to enforce my win.
I am assuming you sent demand letters indicating a certain period of time within which the other party should return the money? If not, get one out and send two copies -- one with a proof of mailing (POM), the other certified return receipt requested. (The proof of mailing letter won't have any special markings or attachments. The intended doesn't realize this. If they're avoiding you, they will ignore the Cert RRR letter which will be returned to you. Chances are they'll open the unmarked POM letter. Getting the RRR returned to you, but not the POM will indicate to the courts that you did contact the other party and that they are avoiding you.
When you initially file, be sure to claim for interest on the money owed you. The court will allow it should the case be settled in your favor. Check the handbook I've linked about claiming filing fees/costs.
I agree with sending a registered letter, return receipt. Keep a copy of the letter sent and as noted above, state a summary of previous conversations (a way to get around unrecorded phone calls), that you are requesting a refund and the reason why (i.e. service not provided), and a date when you expect to hear back from them. Don't say things like 'or I'll sue', etc in the letter. Straight business tone, no emotion.
If you don't hear back, or don't get a refund, THEN I would file in small claims court and use the letter copy with return receipt, any contract or agreement you signed, and proof of payment as your evidence.
In the meantime watch some reruns of The People's Court with Judge Wapner...still alive at 95!
No one is going to hire an attorney for a $5k dispute. The people who bring attorneys to small claims are people whose friends or relatives are attorneys. It'll cost a couple thousand just to retain an attorney otherwise.
You go down to Islip or Hempstead. You pay $15-$20 to file. You fill in a form that states your grievance and what you're seeking in damages.
Bring every receipt, cell record, cell phone, check, witnesses, etc, etc.
Be prepared for the respondent to not show. They can postpone up to three times. And they typically do just to buy time and/or waste your time.
If you win that's just the first step. You then have to try and collect. I had to have the sheriff get involved to enforce my win.
Good luck.
If you're sueing a business. There is absolutely a chance that a lawyer will be involved. When I've had to sit waiting for my case to be called, I would say over 20% of them are businesses represented by lawyers.
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