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ArticleBot · Feb 21, 2006, 08:22

This is an article discussion thread for discussing the SitePoint article, "This"

El Camino · Feb 21, 2006, 09:05

One of the suggestions is small claims court. How does that work in a typical internet/email relationship where the parties are not in the same city or state? Do you file in your city or in the deadbeat's city? Is the other party obligated to travel and defend himself in person?

NetAtom · Feb 21, 2006, 14:35

I had pursued this course of action a couple years ago and my lawyer told me if you take someone to small claims, they must travel to *your* district. Funny how someone doesnt answer your calls or emails but suddenly emerges when they get a summon to court with the money they owe you.

Added: you file at the closest small claims court to you.

greenflag · Apr 27, 2006, 11:33

Great advice, although I would consider using a <a href="http://www.collectionagencyservices.net/debtcollection.html">debt collection</a> agency before small claims court.

fashola · Apr 28, 2006, 05:25

Do you file in your city or in the deadbeat's city?

If you are serious, you file your charges in the court where the company is located.

Is the other party obligated to travel and defend himself in person?

Start by asking the court to give you what we call "the injunction to pay form-slip," put all the details on the form and submit it back to the court registrar. The examining magistrate will then issue to your client a notification to pay and if he fails to pay, you have to seek the services of a debt collector.

Mar 8, 2009, 22:04

Sometimes it's best to just take a loss, unless it's for a significant amount. Best bet is to deal with reputable clients to begin with.

yollyP · Mar 9, 2009, 06:28

Quote:

Originally Posted by jason

Sometimes it's best to just take a loss, unless it's for a significant amount. Best bet is to deal with reputable clients to begin with.

Very correct. Again, next time, be careful with your dealings. You'll never know what will happen next. Careful is the word.

tmonit69 · Mar 9, 2009, 13:21

Small claims court only helps you for $2k or under. The next level up is hard because legal fees outweigh what you can collect.

real111 · Mar 11, 2009, 13:35

I thought the limit was raised to $5k??

Feb 21, 2006, 08:22	#1
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Feb 21, 2006, 09:05	#2
El Camino SitePoint Guru Join Date: Jan 2005 Location: USA Posts: 641	One of the suggestions is small claims court. How does that work in a typical internet/email relationship where the parties are not in the same city or state? Do you file in your city or in the deadbeat's city? Is the other party obligated to travel and defend himself in person?

Feb 21, 2006, 14:35	#3
NetAtom SitePoint Enthusiast Join Date: Feb 2004 Location: NYC Posts: 31	I had pursued this course of action a couple years ago and my lawyer told me if you take someone to small claims, they must travel to your district. Funny how someone doesnt answer your calls or emails but suddenly emerges when they get a summon to court with the money they owe you. Added: you file at the closest small claims court to you.

Apr 27, 2006, 11:33	#4
greenflag SitePoint Member Join Date: Oct 2005 Posts: 3	Great advice, although I would consider using a <a href="http://www.collectionagencyservices.net/debtcollection.html">debt collection</a> agency before small claims court.

Apr 28, 2006, 05:25	#5
fashola SitePoint Guru Join Date: Apr 2000 Location: Paris Posts: 620	Do you file in your city or in the deadbeat's city? If you are serious, you file your charges in the court where the company is located. Is the other party obligated to travel and defend himself in person? Start by asking the court to give you what we call "the injunction to pay form-slip," put all the details on the form and submit it back to the court registrar. The examining magistrate will then issue to your client a notification to pay and if he fails to pay, you have to seek the services of a debt collector.

Mar 8, 2009, 22:04	#6
jason SitePoint Community Guest Posts: n/a	Sometimes it's best to just take a loss, unless it's for a significant amount. Best bet is to deal with reputable clients to begin with.

Mar 9, 2009, 13:21	#8
tmonit69 SitePoint Zealot Join Date: Dec 2008 Posts: 105	Small claims court only helps you for $2k or under. The next level up is hard because legal fees outweigh what you can collect.

Mar 11, 2009, 13:35	#9
real111 SitePoint Member Join Date: Nov 2008 Posts: 11	I thought the limit was raised to $5k??