going to court

[The It]

so has anyone been to court , over what and what was your cost to do so. Was it worth all the time and money?

I assume you are talking about civil court...

We recently finished a year-long legal process to collect payments for our grapes from two of the three largest wineries in Oregon. We went through the state courts and in the end we recovered our payments, interest, and a portion of our legal fees and costs.

If you are seeking a low $ amount and can use the small claims court system, you won't need an attorney and if your case fits into the statutes or common law well and you have good documentation, you are likely to have a positive outcome. If you are trying to recover larger amounts of $s and require legal counsel - even if you think you have the best case and documentation - make sure you ask your attorney lots of questions regarding things like what the attorney thinks your chances of a recovery are, how much will it cost and how much will you likely recover if you settle or if you go to court, etc.

Anytime you get an attorney involved in a court case, you are talking big $'s. Anytime you go to court - even with an ironclad contract and the law on your side - there are human beings making the final decisions about how your particular set of facts fit into the law; these humans don't always see things your way or the way the laws are written. If you go to state or federal court, make sure you understand what you're getting into: time-wise, $-wise, and potential outcome-wise.

We had very tight contracts, Ag Liens, and Lien Foreclosure and Contract laws on our side; we ended up "winning" and spent a boatload of unrecoverable $s on attorneys fees - despite having a very tight attorneys' fee provision in our contracts.

 

[EddieWalker]

Closest I've come is sending a registered letter. That got the results I wanted.

I've had lawyers for neighbors of houses I was working on tell me that I needed to fix or do work for them for free because something was wrong with their house and they felt I was responsible. One was an old water line that they had repaced years before I was there, but since I replaced the water line on the house I was working on, I should do theirs too.

I said no, he said he would take me to court, and I said that would be fine. I never heard back from the neighbor or the lawyer.

Eddie

 

[Mike Costello]

I have a court date coming up. This is the first time I've had to do something like this. I had a body shop do some rust repair on the fenders for my 1934 Chevy. I took the fenders back for multiple reasons, and they still weren't much better. I tried using the BBB, but they are a joke of an organization. I think I have a good case, becasue anyone with functional eyes will be able to see what I am unhappy about.

Any advice on how hearings like this work? What are the chances I will be able to collect from this business.

I can speak from the other side of the automotive field--taking customers to court for non payment of services. The key to winning is documentation: names, dates, places in proper order. Keep your information simple and brief and be prepared to give all copies to the court so they will be able to review your case in order to render a decision. Be courteous and leave emotions at the door. One other thing--the guy who talks the most usually fails, so answer all questions briefly and clearly. Since it's a business, your chances fo recovery are a lot better than if it was the other way around. I had a file drawer full of judgments in my faver, but most of the deadbeats just blew the court off because they had nothing to take. Good luck. Mike.

 

[strum456]

I can speak from the other side of the automotive field--taking customers to court for non payment of services. The key to winning is documentation: names, dates, places in proper order. Keep your information simple and brief and be prepared to give all copies to the court so they will be able to review your case in order to render a decision. Be courteous and leave emotions at the door. One other thing--the guy who talks the most usually fails, so answer all questions briefly and clearly. Since it's a business, your chances fo recovery are a lot better than if it was the other way around. I had a file drawer full of judgments in my faver, but most of the deadbeats just blew the court off because they had nothing to take. Good luck. Mike.

Thanks, that is pretty much what I was thinking. Should I be planning to make some kind of an opening argument? Or will the judge just ask questions and should only answer what he asks

 

[2manyrocks]

Go sit in the judge's courtroom and listen to how he conducts his other cases before you file your case.

One thing you want to be sure of is that the other party doesn't have a good counterclaim against you.

 

[creekbend]

I love going to court.

I sued a tractor dealer for quoting me $500.00 in repairs and then trying to make me pay $800.00 upon picking it up. I refused and he held my tractor hostage. With no tractor I hired out the tractor work. I sued him for $3,500, the price of the contracted work. He lost the $3,500 he had to pay plus he got no payment on the $500.00 for holding my tractor hostage. Cost me $35.00 to sue him, he paid all costs.

I sued a car manufacturer and got a new vehicle 3 years later with a extended warranty. That cost them 65K me in legal fees didn't cost me dime. I got to drive a car for three years for free.

I sued a camera dealer for selling me out dated film where he promised it was fresh film ( back in the film days) He lost $800.00 cost me $35.00 he paid all my costs.

I sued a commercial land lord for not making repaired to a building I was in. Cost me $235.00 I got three months free or $4,500.00. I paid the $35.00

I sued landlord for $35.00 and it cost me $35.00 and I won. He was a jerk and lied and It was worth it to me to haul him into court and have him sit there all day wasting his time. My time was worth nothing at the time so It was just a way to aggravate him for aggravating me - legally. That time it was on principal not a money issue. I paid the costs, so it was a wash, but I won so I was paid in something other than money.

I sued a Auto parts store who refused to return my money on a part they screwed up on.
They lost and paid me my money back.

I'm sure there are more, but those are what I remember now.

I can't stand people that treat people like jerks and say thing like..."well then SUE ME"..OK I WILL and I do.

All these people had the opportunity to do the right thing but since they get away with jerking people around, very few will sue, so in the long run they will make out, because they screw everyone and only a few will sue.

My next court date in is a few weeks. Customer refused to pay his invoice. I was with the process server while he served him papers while he was having dinner with his wife and kids. From what others have told me this guy is known for not paying vendors. So far I ruined his dinner, in a few weeks I'll ruin his day. My cost $150.00 for process server etc. To be determined how much he will end up paying me. But I can guarantee he will lose.

Are you implying that if your profession was an Attorney, others would be correct in labeling you as an "Ambulance Chaser"?

 

[tractchores]

I've been to court a couple of times (suing tenants for possession of MY property and for payment). I've won all times, but honestly in the end it's almost impossible to collect because they have no assets. Unfortunately here you need to go to court just to get someone out for non-payment. Outside of small claims court you want to either have a very high payout potential against somebody or some entity with assets, otherwise its not worth the effort. Small claims court is much more effective and less of a time expenditure.

 

[ultrarunner]

Go sit in the judge's courtroom and listen to how he conducts his other cases before you file your case.

One thing you want to be sure of is that the other party doesn't have a good counterclaim against you.

^^^This is excellent advice.

Each Judge runs their court as they see fit... some are very lax and others by the book.

Judges... at least the ones know do not take kindly to wasting the courts time...

 

[Stimw]

I've represented myself twice in court.
Small claims case over a car tittle, I won a $2000. Judgement, collected in less than a year. I got lucky, guy tried to refi his house and the bank wouldn't even talk to him with a judgement pending. Court sucked! First they had an open court pretrial for small claims, all the lawyers were called first then all the little people were called.
Second was a "do it myself Divorce". A local woman sold forms and instructions for filing and court script to read. The Florida Bar ran her out of the state within a year!! (60 Minutes did a story on her when that happened. Her name was Rosmary Ferman.)
It cost me $50. plus $40. to have ex served.
I am an outside person and a little claustrophbic, both situations took years off of my life!!
Remember one thing, our country is Of the Lawyers, By the Lawyers and For the Lawyers, the rest of us are just here to support them.

 

[foreman Etexas]

Lawyer cost me $250hr and $8,000 later,I now have custidy of my 10yrs old son:thumbsup: