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Anyone have any experience with small claims court as the plaintiff?

Posted on 7/1/16 at 3:57 pm
Posted by roadGator
Member since Feb 2009
139780 posts
Posted on 7/1/16 at 3:57 pm
I had a tenant move out of my office building paying only 1 of 12 months rent. They left in month 2.

I sent an email offering 50% settlement and it was ignored. I explained that I would file a small claim suit if the offer was not taken.

I've given them 2 months to decide and still no word.

Is small claims too much of a pain in the butt over just under $5k?
This post was edited on 7/1/16 at 3:57 pm
Posted by PhilipMarlowe
Member since Mar 2013
20475 posts
Posted on 7/1/16 at 3:58 pm to
that money gone boy.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63192 posts
Posted on 7/1/16 at 3:59 pm to
Take em to Judge Judy!
Posted by carguymatt
Member since Jun 2015
538 posts
Posted on 7/1/16 at 4:01 pm to
As long as you can rent the place out I don't think you have justification to collect starting when the next person moves in. Also they are likely dirt poor and flighty so even if you get a judgement for $1000 collecting it will be next to impossible.
Posted by roadGator
Member since Feb 2009
139780 posts
Posted on 7/1/16 at 4:03 pm to
Its a tax prep company with multiple locations. They have money.
Posted by ptra
Member since Nov 2006
1427 posts
Posted on 7/1/16 at 4:03 pm to
If the defendant shows the first thing the judge will do is have you and the defendant get together to try and settle.
This post was edited on 7/1/16 at 4:05 pm
Posted by roadGator
Member since Feb 2009
139780 posts
Posted on 7/1/16 at 4:05 pm to
Defendent is in south florida. Suit will be filed 5 hours away.

I win if he doesnt show, right?
Posted by Snek
Member since May 2016
136 posts
Posted on 7/1/16 at 4:08 pm to
If I'm not mistaken small claims court is for anything less than 3k
Posted by piratedude
baton rouge
Member since Oct 2009
2499 posts
Posted on 7/1/16 at 4:10 pm to
what town? i would go to the court with the lowest jurisdictional limits. JOP if available, or city court.

try to rent the place asap and get as much as you can for it. do not evict them because that terminates their right to use it and terminates rent. they will probably hire a lawyer and you may have to also. your lease should say that, if you have to sue, you get attorney's fees. if not, fix it.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11174 posts
Posted on 7/1/16 at 4:17 pm to
You have to check with your local small claims court to see if that amount is covered. Many small claims courts are limited to closer to $2,500.00
Posted by Festus
With Skillet
Member since Nov 2009
84986 posts
Posted on 7/1/16 at 4:19 pm to
quote:

they will probably hire a lawyer and you may have to also

The reason there is a smalls claim court is so that you don't get lawyers involved. He will not ever have to.

quote:

if you have to sue, you get attorney's fees.



OP, it's easy, filing fee is cheap, all you need to do is copy the lease that was signed and any of the correspondence. Show up, and argue your case. Only if the damages you are claiming are below the threshold of small claims court.

I would highly recommend you don't take anything people post in here as the truth, myself included. A quick call can get you all the info you need. People generally say whatever they think as fact. Check it out first.
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 7/1/16 at 4:24 pm to
It is a PITA ever in they don't answer and you automatically win. I have done it on principle alone. Too much of a hassle and too many fees trying to get someone to pay otherwise
Posted by LCA131
Home of the Fake Sig lines
Member since Feb 2008
72591 posts
Posted on 7/1/16 at 4:26 pm to
quote:

I would highly recommend you don't take anything people post in here as the truth


YOU go straight to hell. You are aware that there are many posters here that sometimes do not talk out of their asses on occasion about some subjects.

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