Have you ever sued anyone in small claims court?

[Raina]

Peachykeen gave me the idea in a thread about my noisy neighbors.

I've done some research, and it is possible for me to sue them, and probably win, but I'm not sure it is worth the hassle. The woman who plays the music loud is unemployed, but her roommate or whatever he is has a job.

The landlords are being very cooperative, and are evicting them, but they have to give them 30 days notice because of the lease agreement....this means I have another month of pounding bass keeping me awake all night. I have been sleeping on my (not very comfortable) couch lately, but I can still hear the thump of the music.
(Tonight's featured song is Shania Twain's I'm Outta Here Heh....don't I wish!!)

So, do you think I should spend my time taking them to small claims court to try to get them to reimburse me for my time and suffering? (even if they will probably never pay up) Or is it probably not worth the effort?

Also, let me about your experiences if you've ever sued (or been sued ) in small claims court.


Here is the original thread about my neighbors:
http://www.literotica.com/forum/sho...ighlight=my+fuckedup+neighbors+rant+rant+rant

 

[HeavyStick]

brokenbrainwave sued his penis... he lost due to lack of evidence BADA BING

 

[RosevilleCAguy]

You cant get pain and suffering in small claims court, at least in Cali. Usually small claims only allows compensation for economic loss.


Read Neighbor Law, published by Nolo Press. They also put out a book on Tenants rights.

 

[Raina]

You cant get pain and suffering is small claims court, at least in Cali. Usually small claims only allows compensation for economic loss.


Read Neighbor Law, published by Nolo Press. They also put out a book on Tenants rights.

Well, I found a site that says I can.

I have to show that:

There is excessive and disturbing noise.
The person I am suing is responsible.
The enjoyment of my home is affected.
I have asked the person to stop the noise.

http://www.nolo.com/lawcenter/ency/...498A911D7#EA408B37-8211-43EA-B055468B4DB081DD (About halfway down the page)

edited to say:
Heh. How 'bout that...it's Nolo Press.

 

[Raina]

brokenbrainwave sued his penis... he lost due to lack of evidence BADA BING

LOL

Verrrrrry funny.

 

[horny_giraffe]

I accompanied a good friend of mine to small claims court, here in Minnesota. She was sueing an ex-landlord for her deposit.

We went to a small room in the courthouse that reminded me of a small chapel, with a series of benches like pews. There were perhaps ten cases on the day I showed up. The court reporter/secretary? told us what to expect and what to do. First, she suggested that each set of people try to settle with mediation. The mediator took turns with each of the people that wanted to, and left for a separate room. I didn't visit the mediator, myself, but my friend said that basically the mediator helped clarify the merits of each case. In her case, they didn't settle.

The judge came in perhaps a half an hour later. The witnesses were asked to recite each piece of evidence that they were submitting, under oath. In most cases, the judgment process was extremely brief--perhaps thirty seconds to a minute. If both parties didn't show up, the cases were usually judged in favor of the one that showed up--but I got the sense that these were still judged and not just handed to the people who showed up. They still had to make a good case.

In my friend's case, the ex-landlord was an older woman who had carefully written an impassioned plea as an attempt to justify why she had kept the deposit, with some references to her various tribulations including a sick relative. She refused, however, to read the letter publicly, under oath. My friend submitted several letters and stated her case, which was that she had left a month early at the landlord's request--which was in writing, if ambiguously worded. She was a little nervous and stuttered a little bit, but it was no big deal.

The judge listened to the case and asked questions in order to clarify. Then he finished, saying "I'll mail you my judgement."

We weren't sure if we were supposed to leave, but I figured it sounded like he was done. So after that, we left.

A few weeks later, my friend recieved the judgement in the mail. It was a pink form with a single line to the effect "The court finds in favor of [my friend's name] in the amount of $[the amount.]" That was all.

On the back of the letter/form was a paragraph explaining that the person who pays would pay by proxy to the court, and the court would write a check to the reciever.

My friend recieved a check from the court after a few weeks. We had spent about an hour at court.

 

[Raina]

Thanks giraffe!

I could do that I think. I have the paperwork here, and it has step by step instructions. Here though, the defendant doesn't make the payment to the court, and the court won't collect the judgement for you...which in my case would suck because I know the woman will not pay. If I can name her roommate in the judgement however, I can garnish his wages (if I win, of course).

 

[april-wine]

Sheesh the tongue thing was just a joke.........I'm sorryyyyyy

 

[Raina]

Sheesh the tongue thing was just a joke.........I'm sorryyyyyy

You can put your tongue anywhere you want sweetie!

EXCEPT my collarbone!

 

[april-wine]

You can put your tongue anywhere you want sweetie!

EXCEPT my collarbone!

Hey that's 1000 posts......You need a title......


Collarbonephobia.....

 

[lilminx]

Also, let me about your experiences if you've ever sued (or been sued ) in small claims court.

I sued my former landlord because he went into my apartment before my lease was up and moved some of my stuff into a corner of the apartment without my knowledge (I was in the process of moving out, and was staying at my new place). As a result, two big bags of my good clothes were missing. I sued him for loss of property and won, but I didn't get as much as I had asked for.

In retaliation, he decided to sue me for twice as much as I sued him for, on ridiculous claims. Long story short, I will actually face him in court this Wednesday.

To be honest with you, Iwouldn't go through the hassle unless something of monetary value is damged or gone as a result of your neighbors. Suing is a pain in the ass.

 

[Raina]

Hey that's 1000 posts......You need a title......


Collarbonephobia.....

Hahahaha....I think I'll save that one for later.

 

[Raina]

Re: Re: Have you ever sued anyone in small claims court?

I sued my former landlord because he went into my apartment before my lease was up and moved some of my stuff into a corner of the apartment without my knowledge (I was in the process of moving out, and was staying at my new place). As a result, two big bags of my good clothes were missing. I sued him for loss of property and won, but I didn't get as much as I had asked for.

In retaliation, he decided to sue me for twice as much as I sued him for, on ridiculous claims. Long story short, I will actually face him in court this Wednesday.

To be honest with you, Iwouldn't go through the hassle unless something of monetary value is damged or gone as a result of your neighbors. Suing is a pain in the ass.

Ugh. I remember reading your thread about this. I didn't know he had sued you in retaliation.

I am kind of leaning towards not doing it. Mostly because this woman is totally nutso, and I don't think I'd ever get the money. I am just really frustrated right now because the only time I get any sleep is when I stay at my boyfriend's house.

I LIKE having my own place. I hate the fact that I'm now afraid to crawl into bed at night because I get startled out of sleep by blaring music. I've had the woman arrested a total of 3 times now. The cops know me by name, and I've even had them greet me when I run into them at the supermarket!

It's a nice thought, suing her, but I don't think I will actually do it. I have started keeping a journal though....just in case.

 

[lilminx]

Re: Re: Re: Have you ever sued anyone in small claims court?

Ugh. I remember reading your thread about this. I didn't know he had sued you in retaliation.

Yeah, he's a total dickhead. His claim is totally unfounded. I have pics of the apartment from when I moved in, so he can't say that I caused $6000 worth of property damage. Plus, he's suing me, and not my roomate who was on the lease as well.

As much as it sucks to have a crazy woman for a neighbor, you're better off not taking it to court.