Also weigh the cost of getting an attorney and court fees vs. what you are owed and can potentially get out of the other person. $3900-$300ish (or higher court cost)-$1500 attorney fees=$2100 at most you might receive. Of that $2100, what if the other person literally cannot cover costs even if the judge tells them to. The court will still expect you to pay them and your attorney EVEN IF YOU DO NOT receive a penny. In that case, $3900-($3900+$300+1500), or $3900-$5700= -$1800. In that scenario, you did not get a dime AND lost the court and attorney fees.
I appreciate you taking your time to discuss
No problem. I just hate seeing people suing for the sake of suing and not knowing all the consequences. Sometimes, you lose even when you win. Gotta make sure your victory is a real victory.
The person has cut off contact with me
Do you know anyone else who could ask for you?
I do not. The best I could do probably is talk to my county's court, because she is having a trial there
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Will this be possible if the person has cut off contact with me? Can I give the claims court her name? She is in the county's court database, so they might be able to find her that way
You will be responsible for serving her with the Complaint. A process server might charge 50 - 75 dollars to serve the papers but that will be part of your costs which -- like the filing fee -- are recoverable as part of a judgment in your favor. I'm not sure how much the Clerk of the small claims court will help you in finding her address, but they should be helpful in explaining to you the procedure involved (without providing legal advice, which they cannot do). Additionally, information on small claims should be available online for the court in your area.
Ok, thanks for your help, I appreciate it!
And you probably should
How does that work? Would that work if the person has cut off contact with me?
Yeah, you can take them to court ecen if they no longer have contact with you. Check the monetary limits for Small Claims Court, though. You may need a lawyer to help you collect any judgement though.
So I just checked, and it looks like the small claims court here has a max of $3500. So it's better to go to a lawyer I guess?
Well, it may make sense to only go after her for $3500 then because you represent yourself in Small Claims Court.
Maybe ask this question on expertise. com/forums or on Quora
Thanks for your help, I really appreciate it!
Good luck and I hope you get your money back soon!