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Old 11-14-2007, 01:11 PM   #1
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Smal Claims Court?

Does anyone here have personal experiences with small claims court? (Harris County) If I live in Harris County must I file there, or can I pick Ft Bend for convenience (much closer to me)?

How long does it take a case to work its way to the front?
What representation, if any, can I/should I have?
How much documentation will I need to prove my case?
Are emails acceptable as evidence?

Someone owes me money, and is claiming that they don't owe the same amount I say. They've been dragging their feet saying that money is tight, so I've tried to be understanding. They are making excuses for amounts that have nothing to do with what's owed (and that is a matter between myself and a third party but they won't let it be settled between me and the third party), but until I "agree" to a settled amount I get nothing.

I'd hate to have to take it that far, but other than small claims court what can I do? Being reasonable obviously isn't working for me. I've tried getting them on a payment plan, but "too broke" to pay up $20 a month or per paycheck sounds like BS to me when gainfully employed. My generosity and understanding has been stretched to a breaking point. I'm tired of getting walked all over when I've tried to help someone out.

Advice?
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Old 11-14-2007, 01:12 PM   #2
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do you have it on paper that they owe you?

it'll be a he said she said type case otherwise.
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Old 11-14-2007, 01:19 PM   #3
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Quote:
Originally Posted by RACER X View Post
do you have it on paper that they owe you?

it'll be a he said she said type case otherwise.
I've got emails from them saying "I owe you this but I'm subtracting this" so is that proof? It came from their own mouth (hands).
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Old 11-14-2007, 01:21 PM   #4
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Old 11-14-2007, 01:32 PM   #5
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i would bet they are admissible.
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Old 11-14-2007, 01:32 PM   #6
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even if you win in small claims court, doesnt mean you will get your money NOW. they wont have to pay you unless they have excessive luxuries is what they call it i think.... i think the person who owes or loses and has to pay is allowed one vehicle per person in the household over 18 with a DL...they dont have to sell anything to give you your money either unless they have like boats, bikes, etc. Usually small claims court against an individual is a waste of time and MORE of your money!
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Old 11-14-2007, 01:42 PM   #7
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Quote:
Originally Posted by SugarDaddy View Post
even if you win in small claims court, doesnt mean you will get your money NOW. they wont have to pay you unless they have excessive luxuries is what they call it i think.... i think the person who owes or loses and has to pay is allowed one vehicle per person in the household over 18 with a DL...they dont have to sell anything to give you your money either unless they have like boats, bikes, etc. Usually small claims court against an individual is a waste of time and MORE of your money!

yeap, waste of time and money, just get as much as you can with a settlement and rat them out to every single person you know
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Old 11-14-2007, 01:44 PM   #8
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Quote:
Originally Posted by SugarDaddy View Post
even if you win in small claims court, doesnt mean you will get your money NOW. they wont have to pay you unless they have excessive luxuries is what they call it i think.... i think the person who owes or loses and has to pay is allowed one vehicle per person in the household over 18 with a DL...they dont have to sell anything to give you your money either unless they have like boats, bikes, etc. Usually small claims court against an individual is a waste of time and MORE of your money!
So owning a bike in addition to a car is considered excessive enough to have to pay up, right?
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Old 11-14-2007, 01:46 PM   #9
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Shoot, I'd take them to court just on principle.
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Old 11-14-2007, 01:47 PM   #10
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Quote:
Originally Posted by Squeaky View Post
So owning a bike in addition to a car is considered excessive enough to have to pay up, right?
is it the person who owes you money bike? and are you sure that BOTH are in that persons name?
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Old 11-14-2007, 01:57 PM   #11
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Quote:
Originally Posted by SugarDaddy View Post
even if you win in small claims court, doesnt mean you will get your money NOW. they wont have to pay you unless they have excessive luxuries is what they call it i think.... i think the person who owes or loses and has to pay is allowed one vehicle per person in the household over 18 with a DL...they dont have to sell anything to give you your money either unless they have like boats, bikes, etc. Usually small claims court against an individual is a waste of time and MORE of your money!
Do what the mafia does. He has 2 kidneys, livers, and lungs, all those are excessive luxuries. Not to mention an over abundance of fingers and toes. Just take a hand full of those as payment. He won't miss them
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Old 11-14-2007, 02:17 PM   #12
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Quote:
Originally Posted by ArturoC View Post
Shoot, I'd take them to court just on principle.
That's kinda how I feel about it, but only because I've reaaaaaly tried to work this out peacefully until now. I work in the evening, so I can stand in court all day if I have to - and to try to fight it they would have to also.
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Old 11-14-2007, 02:24 PM   #13
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If the money is huge like in thousands take it to court have their wage garnished. If it is small less than a grand, just let it be and let them pay it off and call it quits. It is cheaper to find out your friends this way. Don't loan money to friends or relatives, just play that game "I don't borrow yours so don't ask."
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Old 11-14-2007, 04:17 PM   #14
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It wasn't a loan, it was money for services/goods. There's no question money is due.
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Old 11-14-2007, 05:35 PM   #15
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, I would call Joe Pesci to get this sorted!!

Seriously, you have to remember that what the judge says is the final word on this argument. He is the end of the arbitration trail and the settler of all grivences.
You still run the risk of it not going your way, or completely your way. Whatever he rules is the end of it.
Then you can still call Joe Pesci if you still feel sore about it!
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Old 11-14-2007, 05:44 PM   #16
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*edit*

Realized my post was uncalled for....therefore I removed it...carry on.
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Old 11-14-2007, 06:37 PM   #17
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Quote:
Originally Posted by level5 View Post
If the money is huge like in thousands take it to court have their wage garnished. If it is small less than a grand, just let it be and let them pay it off and call it quits. It is cheaper to find out your friends this way. Don't loan money to friends or relatives, just play that game "I don't borrow yours so don't ask."
Well, I guess the concept of "huge" or "small" amount of money is relative to the person that needs it. To me, under $100 is small, but over a few hundred dollars is significant. I just wish it wasn't. :/:
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Old 11-14-2007, 06:39 PM   #18
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cant file in small claims in harris unless it over a 1000 bucks buck and if its not in writing (ie a written lease, or agreement to pay) or they have something of your and you have no proof you own it it will be thrown out and you waste your filing money. and if its over a grand and they find a judgement in your favor unless it over 5000 the court wont waste their time enforceing the judgement. i went though this almost everyday at my new job and harris county doesn't give a shiit. o yeqa you have to file in the county where the occurence happened. if it is at your house the harris co. courts have to handle it.
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Old 11-14-2007, 06:45 PM   #19
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I'm inside Harris County, so I guess that eliminates going through Fort Bend? (I'm right on the edge of Stafford/FBC)
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Old 11-14-2007, 06:45 PM   #20
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emails dont count and are not admissible in court. with the "evidence" you told us to have basically your ****ed. i am aware of the situation your posting about and legally you are owed nothing and the other party can actual go after you for a refund for other the services they paid for and were unable to use.
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