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Old 02-26-2013, 10:13 AM
 
Location: Bergen County, NJ
1,603 posts, read 3,209,084 times
Reputation: 1837

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You'll lose. Most likely, they'll toss it out of court and you'll owe the court fees.
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Old 02-26-2013, 10:16 AM
 
14,660 posts, read 30,622,765 times
Reputation: 13889
Quote:
Originally Posted by Retriever View Post
People normally represent themselves in Small Claims Court, and this case--over the issue of $80--is clearly a very small claim.
Why would anyone contemplate paying an attorney--most likely--$750 or more in order to try to recover $80?
There is absolutely no need for an attorney if the OP wanted to pursue this.

Quote:
Originally Posted by ImCurlybelle View Post
Four years ago and you suddenly miss them now ??

Statue of limitations is nearing an end, if not already, why did you wait so long ? lol.

Sounds frivolous, obviously you didn't miss them that much. And, for $80.00. It will cost you more to file ...

Small Claims Statute of Limitations
The statute of limitations and cost was already posted. Property loss/damage claims have a 6 year statute of limitation in NJ small claims court and the cost to file is $15.

Quote:
Originally Posted by CaptainNJ View Post
haha you want to sue them for $80 for something lost 4 years ago??? you just dont let anything go do you. if you want to do it so bad, then sue them in small claims court. win or lose, you get to have your day in court!
While it sounds like I am encouraging them to sue, I think this entire thing is completely ridiculous. However, the OP asked for the information, so I gave it to them. I agree with you, if it is something they are still that riled up about, then sue them and have your day in court. Legally, they are able to do that, no matter how ridiculous it is.
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Old 02-26-2013, 10:19 AM
 
Location: Hollywood Fl, Maplewood Nj
79 posts, read 138,129 times
Reputation: 40
Quote:
Originally Posted by Retriever View Post
People normally represent themselves in Small Claims Court, and this case--over the issue of $80--is clearly a very small claim.
Why would anyone contemplate paying an attorney--most likely--$750 or more in order to try to recover $80?

Honestly, some people are un wise to the whole lawyer and sue process.. They look at a Hospital and see big money so they think they can get big money because of the damages they FEEL they are entitled to like a slip and fall.. I'm not saying the person in question here is like that, but many out there are ..

I know nothing about small claims court, but I do have a case in the works against a big company..

There is always people in my lawyers office that think because they were stolen from by a big business they can sue for huge amounts of money and say that their trust was betrayed and yada yada yada.. When in actuality you can only sue for so much.. And you get people that don't want to work that are always trying to sue for something..
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Old 02-26-2013, 10:22 AM
 
Location: Holmdel, NJ
20,333 posts, read 24,650,374 times
Reputation: 12421
its funny when they go to small claims court and sue for the maximum allowable amount even though whatever they are suing over is much less money. we got sued by a former employee for unpaid wages. when the judge asked why he sued for the maximum he want on some rant about injustice.

he was wrong and we did win. we did get worried when the guy handed over some letter from the people's court and the judge seemed to take it seriously.
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Old 02-26-2013, 01:23 PM
 
1,081 posts, read 2,039,305 times
Reputation: 575
Quote:
Originally Posted by Jerseys Rants View Post
Honestly, some people are un wise to the whole lawyer and sue process.. They look at a Hospital and see big money so they think they can get big money because of the damages they FEEL they are entitled to like a slip and fall.. I'm not saying the person in question here is like that, but many out there are ..
crazy talk. Do not waste your time in small claims court, go right to the supreme court and asked for $35,000,000 (but settle for $20,000,000)
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Old 02-26-2013, 01:48 PM
 
12,718 posts, read 11,431,547 times
Reputation: 24124
Honestly I do wish hospitals would be held accountable more often when they lose things, as our residents (nursing home) come back from the hospital all the time with their hearing aids, glasses, even dentures missing and the hospitals don't seem to care...but 4 years seems a little silly to me, especially if you have nothing to back it up (like did you ask for an incident report or whatever form the hospital uses to be filled out to show they acknowledged that the items were missing?
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Old 02-26-2013, 02:41 PM
 
502 posts, read 841,836 times
Reputation: 627
I wouldn't doubt that you will lose just for the judge being PO'ed that this 4 year old, $80 dollar claim is clogging up his schedule.

And if he is "really" mad award the hospital, compensation for the hospital person's time to go to court (if someone does in fact show up),

And then, if you do win, getting the hospital to actually pay the $80 will be a chore.
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Old 02-26-2013, 04:03 PM
 
Location: Hollywood Fl, Maplewood Nj
79 posts, read 138,129 times
Reputation: 40
Quote:
Originally Posted by sonofagunk View Post
crazy talk. Do not waste your time in small claims court, go right to the supreme court and asked for $35,000,000 (but settle for $20,000,000)

lol....

As we are here typing things out there is probably a few geniuses contemplating that
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Old 02-26-2013, 05:53 PM
 
8,513 posts, read 11,464,233 times
Reputation: 7821
Quote:
Originally Posted by boater1 View Post
And then, if you do win, getting the hospital to actually pay the $80 will be a chore.
Putting a lien on their buildings will get their attention, though.
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Old 02-26-2013, 06:08 PM
 
Location: New Jersey
8,179 posts, read 4,476,114 times
Reputation: 8379
Quote:
Originally Posted by NJGOAT View Post
Legally, you could sue. You are under the 6 year statute of limitations for property damage/loss that applies in NJ small claims court. The fee to file is $15, so that is less then your claimed losses. It then comes down to questioning whether or not it is worth your time to pursue compensation over $80 worth of old clothes and a crappy watch. Honestly, I think you have a somewhat good case, but I would personally just let it go as it's not worth the time. If you did pursue it, you are going to have to come up with a pretty good reason for the judge over why you waited 4 years to file. Outside of that, it's basically coming up with a reasonable value for the items, which it seems like you did.
I concur with this, as it is the most accurate post on the subject in this thread. I do disagree slightly with her having a good case, despite the fact that the hospital will probably not even both to defend an 80 dollar claim. I know a lot of nurses, EMTS, doctors and other health care workers who will tell you that every patient who comes in butt-naked in the middle of the night later claims that they were wearing a 900 dollar suit, gold ring and Rolex watch when they came in and, of course, the hospital staff stole it all. I'm not saying she made this up, but I can only imagine the amount of people who file complaints in small claims against hospitals because of this issue, and I would think that the judges would want at least some kind of evidence that she actually had that stuff with her when she was admitted.
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