Need info on small claims court

[SS MAYFLOAT]

My wife is wanting to take our POS/SIL to court for the destruction of her cell phone. Her problem is that she is affraid that it is a possibility that it could lead to criminal charges on him.<br /><br />To me he deserves to be locked up and sent to anger management. He is very hot headed and won't listen to anybody rather it be right or wrong. He reacts completley on his own assumptions.<br /><br />She doesn't want him put away due to the fact that the only good thing he does is work to support our daughter and granddaughter.<br /><br />So I my question is "Can a small claim like this lead to a criminal charge?"<br /><br />Thanks

 

[gaugeguy]

Re: Need info on small claims court

POS/SIL has no money, so what good is bringing him to small claims court? He'll probably bum the money off you to pay your wife

 

[cajun555]

Re: Need info on small claims court

SS, I believe it is just to recover losses. You take your case before a judge with proff of losses, and the judge determines who was in the wrong and makes them pay or throws it out. <br /><br />Just like those court shows on TV.<br /><br />Small claims is for something under 500.

 

[Dunaruna]

Re: Need info on small claims court

I could be wrong but I don't think that small claims court rulings are enforcable, you may get a moral victory though.<br /><br />Aldo

 

[SS MAYFLOAT]

Re: Need info on small claims court

Cool, She didn't have insurance on the dang thing and it was only 19.95 with the calling plan. SO just to replace the phone is 249. What a rip off. However she does want to recover her loss since it was his stupidity that destroyed it.<br /><br />We are now letting our older kids take over the phone and payments since they need a phone.<br /><br />Yep, here I go again helping the adult children. I guess that is what family is for.

 

[WillyBWright]

Re: Need info on small claims court

In my state it's much more trial-like. You have to present your case or defend yourself just like in court. The judge is free to ask questions and usually does. But here it's not just like on TV.<br /><br />IMHO, family is worth more than a cell phone. Even the black sheep.

 

[SoulWinner]

Re: Need info on small claims court

Willy, I don't think they are wanting to get the court to trade them a cell phone for the kid, I think they just want to try teach him a lesson on personal responsibility for the results of his actions, something liberals can't seem to fathom.....

 

[Boomyal]

Re: Need info on small claims court

SS, I don't think you are going to 'teach' him a lesson by taking him to small claims court. He is too old and even the court's 2 x 4 is not big enough.<br /><br />I know you love your daughter but short of intervening for her physical safety, she has made her bed, and now, you must let her lay in it. <br /><br />It would be the rarest of circumstances that a small claims case could result in any criminal charges but I recommend you write this incident off to your education and distance yourself from them. It is an excercise in both tough love and your self preservation.

 

[KaGee]

Re: Need info on small claims court

It's obvious that you too are still fuming about the whole situation. Some things are better off letting it go. You and your wife need to find a way to get on with your lives. You owe it to yourselves and your health. Pursuing the matter to court will only serve keep the wounds open.<br /><br />I can almost guarantee that the ingrate that your daughter chose to be a sperm donor isn't losing any sleep over this, why should you?

 

[samagee]

Re: Need info on small claims court

I would have to be asking if he has broken anything else. Like his promise to never hurt her or the kids. If he goes off like that, there is a chance that he goes off on them to easy as well.<br /><br />I would be very concerned about the daughter and grand daughter.

 

[POINTER94]

Re: Need info on small claims court

SS,<br /><br />I sent my cell phone into the wall to try and improve it's functioning. It didn't help. <br /><br />I ended up paying 35 bucks for a used one on e-bay and put in the sim card and away you go. Worked for me, just check your plan and the phones they use and bid accordingly!!<br /><br />You may need to go to appelate court to enforce the findings in small claims. Sorry

 

[roscoe]

Re: Need info on small claims court

Small claims court limit in Wisconsin, is now at $5000.<br />Depending on the state, you may have to 1- win the case, 2- get a judgement, 3- force collection.<br /><br />I believe that in some states, the judgement against the loser is automatic.

 

[mellowyellow]

Re: Need info on small claims court

let it go IMHO SS...<br />he may be a tool, but it will also DIRECTLY effect<br />yur daughter and grand-baby.<br />I would tell him to his face what his idiotic and<br />childish behavior caused and the $ impact and how<br />it effects asking for help in future, but I deff.<br />wouldn't take it to it's "painfull" conclusion.<br />it just give's him the ammo to convince her that<br />u r the bad-guy and not him...<br />be smart dude!<br />M.Y.

 

[mellowyellow]

Re: Need info on small claims court

sometimes when u lose u actually win....

 

[AK_Chappy]

Re: Need info on small claims court

I agree with Boomyal, KaGee, and MY.<br />You are probably better off letting this go without court. I know it hurts the pocketbook, but family is more important. When I say family, I mean your daughter and granddaughter. Your POS/SIL is a piece of work. Like Boomyal said, she made her bed and now she has to lay in it. The best thing to do is try to get her to see what she is doing to herself.<br /><br />Just my 2 cents.<br />AK Chappy

 

[lakelivin]

Re: Need info on small claims court

You can win and collect, I've done it a couple of times. Note that this is in NC, I'm sure process varies by state. Limit here last I knew was $3k.<br /><br />You both present your side of the case, judge makes decision. Bring as much documentation as you can and witnesess if you have them. If you win, they can appeal and take it to real court (lawyers now).<br /><br />If they don't appeal, the judgement against them stands. The other party often doesn't pay unless you file a collection action against them. Sheriff (or whomever) delivers forms requiring them to list assets that could be confiscated by state and sold to satisfy the judgement. I had to go to this step to actually get the money I was awarded in both cases.<br /><br />If they don't have assets, the judgement stands for something like 20 years. Even if you don't get your money now, they may have to clear it up later cause it will show up on their credit report if they want to buy a house or finance a car, etc. As a matter of fact, I think there are some states where an outstanding judgement will prevent the debtor from being able to renew their drivers liscense until they clear it up.<br /><br />Bottom line: it is some work and you will have to decide the family politics of it, but alot of people told me beforehand not to bother with it cause I'd never collect even if I won, and I'm 2 for 2 so far.

 

[crazy charlie]

Re: Need info on small claims court

SS ,personally I think you are nuts.You are in a loose/loose situation.You are dealing with an irrational person and you have too much at stake.Your daughter and baby.There is no upside to what you want to do.If you win ,you still loose.Protect your family,thats all that matters in the long run.Charlie

 

[wajajaja]

Re: Need info on small claims court

Small claim court should be used last; it will cost you about 5o bucks in filing and serving fee. The claim needs to name a point of law. The limit is generally 5k; you want to sue in the proximity where the defendant lives in order to get an effective judgment against property, a lien on a house or car. <br /> Peace with you daughter’s family will be forever tarnished. For what.<br /><br /> If you had the phone for a year (11month) with Verizon you can get a new one on promo. Cheap.

 

[SS MAYFLOAT]

Re: Need info on small claims court

Thanks guys. The phone was just 2 months old. We did get another on the OOPS program. It has been relayed to him that it would be a good jesture on his part if he would pay up the 80 bucks for the replacement. <br /><br />Going to talk to my wife tonight after she is out of school. Suggest that we just need to back off and give him time to come up with the money. If he doesn't, good ole time will tell whats up. I feel that in due time my daughter will realize that she deserves better. Her I will forgive, Him I'll do my best to forget! Daughter says she is all he has....Boooo Hoooo Hooooo! My oldest did tell her that she and the baby have a place to stay if POS/SIL gets physical with her. My few friends at the local police are aware and are waiting. Its good to have friends too!<br /><br />Thanks again for the support. May have the Mrs. read the responses. It's her I got to convince to drop it.

 

[lakelivin]

Re: Need info on small claims court

Hey, if my post above sounds like it might be encouraging you to go the small claims court route, please note that it's not meant to. Just wanted to pass on my general experience since there is often confusion around the issue and I've done it a couple of times.<br /><br />FWIW, my opinion is that for a family matter such as this pursuing legal action would probably be a bad idea all the way around. Especially for the small amount involved.