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Small claims court is like taking poison and expecting the other person to die.
Really? Not very effective where you live then? I've done it once, (in Canada) and was in and out in 20 minutes and I won!
Okay, well if small claims is not an option for the op, he or she could perhaps recoup the money by getting the cat back and reselling it him(her)self to a forever home?
LOL..And will surely cost more than the expected refund in aggravation!
Exactly. Most small claims courts transfer the case to the regular docket if the defendant asks. Even at the trial. Small claims usually does not permit additional damages and attorneys fees under consumer protection statutes. Then you have to learn how to collect the judgment. And, each time you go to court the other person can ask for a continuance, etc. You have to get the names exactly right, blah, blah, blah.
The only good news is when defendants have an entity like an LLC or a corporation, they are usually required to get an attorney to defend the entity. Sometimes this will get the defendant to pay up.
Exactly. Most small claims courts transfer the case to the regular docket if the defendant asks. Even at the trial. Small claims usually does not permit additional damages and attorneys fees under consumer protection statutes. Then you have to learn how to collect the judgment. And, each time you go to court the other person can ask for a continuance, etc. You have to get the names exactly right, blah, blah, blah.
The only good news is when defendants have an entity like an LLC or a corporation, they are usually required to get an attorney to defend the entity. Sometimes this will get the defendant to pay up.
Mostly, small claims is a waste of time.
Checked it out. In New Jersey (where the OP's zip code indicates) filing is a mere $15 for up to $5000.
TYPICAL CLAIMS FILED
Following is a general list of claims which can be filed in Small Claims:
Breach of a written or oral contract.
Return of money used as a down payment.
Property damage caused by a motor vehicle accident.
Damage to or loss of property.
Consumer complaints for defective merchandise or faulty workmanship.
Payment for work performed.
Claims based on bad checks.
Claims for back rent.
Return of a tenant's security deposit.*
Please remember that if you believe you are entitled to damages greater than the money limits, but still wish to sue in Small Claims, you give up your right to recover damages over the money limits. The additional money cannot be claimed later in a separate lawsuit.
When it works the way its supposed to Small Claims Court is a resource. I just know that when someone files a small claims case here I can make the experience a miserable hellish nightmare. And, I am not a malicious person, usually.
When it works the way its supposed to Small Claims Court is a resource. I just know that when someone files a small claims case here I can make the experience a miserable hellish nightmare. And, I am not a malicious person, usually.
Let me jump in line and wack you over the head too. Holy cow, spending $800 on a purebred kitten? Do you know how many lives you could have saved .
APs are right, btw. A legitimate breeder would not have brought an animal into this world unless there was a loving caring non-menapausal family waiting for it on the other end that would keep it longer than 13 days. Good luck getting your money back. The real shame here is - this so-called breeder you've fallen in with, is probably just farming kitties in her basement and bundling them off to make a profit.
I agree though, if you're going to snap all of our heads off, - take it to a legal sub-forum!
And think about all the cats you can have for $800!
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