Ask MetaFilter posts tagged with claims

Small claims court question.

CFMartin — Mon, 24 Mar 2008 09:25:08 -0800

A small construction company did work for a customer. Customer refuses to pay citing not 100% happy. Company disagrees greatly and believes job was well done and customer is being very unreasonable. Company has detailed photographs, a signed contract and wants to go to small claims court to resolve matter. How do we word the answer to the following question? The plaintiff claims you owe $XXXX For the following reasons: How would the hive mind word this? Thanks.

Should I file a claim with my auto insurance?

spacesbetween — Sat, 09 Feb 2008 17:53:06 -0800

Should I file an auto insurance claim on what appeared to be a fender bender but now involves engine overheating? The person I rear ended didn't see a need to claim since his car was fine so I don't have any info on him. So I ended up rear ending someone but they had no damage to their car but mine on the other hand, had section of its front bumper and hood crumple. He was all cool about it and said he didn't see a need to claim anything on his part, I looked at mine and thought only cosmetic damages, so we kind of just parted ways... The problem was later when I got back on the highway and my engine overheat light came on. Smoke was coming from under the hood, but because of the way the car was hit I was unable to open up the hood. I had to call AAA to get towed.

So now I'm without a car and trying to decide if I should make a claim to get it fixed or just go and buy a new car? I asked my friend who is more mechanically inclined who said I was looking at $3000-4000 in repairs.

My car is an 02 neon, has been paid off since 06 I've never had any claims before, clean driving record, turned 25 last month, my renewal is coming up next month, and my deductible is $1000. I don't know anything about the guy and he didn't get any information from me either. I have esurance.

My friend recommended to not mention the fact that I hit another guy and that I should instead just say I hit a stationary object. His reasoning that my chances of insurance going up due to damage not related to an accident is lower than saying I hit another car.

How to get paid?

GernBlandston — Sat, 08 Dec 2007 12:17:35 -0800

I have a friend that's a handyman (paints, small repairs, lawn care, etc) and is having trouble getting paid for some of the work that he's already done. Some of his customers owe upwards of $1000, but others owe smaller amounts. He has taken some of them to small claims court and won, but the court told him that they do not enforce the decision. What is the cheapest, easiest way for him to collect the money he is owed?

How do I get money from a shady business?

Anonymous — Mon, 25 Jun 2007 06:32:13 -0800

A shady business, a surprise firing, thousands of dollars up in the air. What have I gotten myself into? A friend of mine, about a month ago, offered to get me a job at the company he was working for. I start grad school in the fall, and needed some quick money. I was told it would be a telemarketing job, and the easiest job I'd ever had. For the last month I sold "debt relief" in what had been a remarkably easy job, though the "product" made me very uncomfortable. Awful stuff, but I need the money pretty badly right about now. Long story short, the guys who run our office have been accused of running a second company out of the same office and, last week, we all received letters informing us that our employment was terminated, and that we all might be sued for theft of leads.

Now, the way that compensation worked at this company, I was paid the following month for any account that was successfully started (first payment received). I had roughly 1500 dollars "in" as well as an expected 1000 dollar bonus for my performance in my first month. I expected another 500-1000 dollars in contracts to be paid in the next few days, and dozens and dozens of clients in my pipeline. I can only imagine, knowing the business ethics of this company, that they're either canceling my contracts, or transferring them to other reps. What recourse do I have with this company? Is small claims court a viable option? I'm on the East Coast, and the company is on the West, if that matters.

Also, I never signed any kind of non-competition agreement, and also did not transfer or steal leads in any way. I simply busted my butt for the company I was working for. To make matters more confusing, however, the guys who ran this office have offered me a job with another company, doing the exact same thing. I don't even want to do this job any longer, was seriously considering quiting, but just want to be compensated for the work I did do. These guys claim they will "take care of me" monetarily, out of their own pockets, but that doesn't really reassure me much. Ugh.

Any questions can be directed at manimscrewed@hotmail.com

Getting at assets and telephone records after winning lawsuit?

cgs06 — Sun, 08 Apr 2007 12:18:11 -0800

Lawsuitfilter: I've won a small claims lawsuit. They've failed to pay up. How do I find their telephone provider (and other details) so I can get at their assets? [MI] Long story short: I take crooked furniture dealer (New York City) to court. I win, but they refuse to pay. I have to locate their assets before I call in the marshals. I can use information subpoenas on any business in NY to try to figure out where the furniture dealer keeps its money.

I know where the dealer does business. I know its telephone number. I know its website. I've located its website provider -- no problem there. I'd like to find out (a) who the dealer's telephone provider is so I can subpoena their billing records (b) who the dealer's landlord is, for the same reason (c) any other bright ideas you might have to help me figure out where the dealer keeps its money -- or any suggestions about how best to use information subpoenas.

With (a) in particular -- I've called up Verizon, but they won't tell me whether or not the number in question is provided by Verizon (or anyone else, for that matter.) How can I, given a number, figure out who's providing the service?

Thanks, hivemind!

Apartment Exit Strategy, Part 2

LordSludge — Thu, 01 Mar 2007 08:08:50 -0800

Bob the Asshole, my old landlord, kept my security deposit. This is the Part 2 followup to my original question. I'll summarize:

I had rented an apartment from Joe the Friendly Landlord. I signed a lease agreement with Joe the Friendly Landlord and paid him a security deposit.

Joe the Friendly Landlord sold the building to Bob the Asshole (not his real name, heh). Bob the Asshole eventually distributed new lease agreements, but I never signed one. I don't think Bob the Asshole knows that I never signed it.

I moved out, left the place in the same shape it was when I moved in, and Bob the Asshole kept my security deposit, roughly $1000.

His assistant told me, over the phone, that he's keeping the security deposit to cover three items:

Carpet needed replacing -- Indeed it did. It did before I moved in, as the previous owner had dogs. I actually complained about the spotted carpet several times. (Nothing in writing, though. grrr...)

Apartment needed repainting -- Nothing beyond normal wear and tear; the paint was cracked and generally lousy when I moved in.

Ceiling needed repair due to water damage from a roof that leaked during an ice storm. Water damage due to a leaky roof is not my responsibility. I asked Bob the Asshole twice to fix it. (But again, nothing in writing.)

For reference, here's a representative list of things a landlord can withhold for.

Unfortunately, I have no photographs or anything to document the apartment's original condition, and neither does Bob the Asshole. I know this because I had the only key to the deadbolt. But I do have a witness (former neighbor) that would probably be willing to testify on my behalf.

Essentially, Bob the Asshole remodeled the apartment at my expense.
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So... As much as I hate legal bullshit, I'm thinking it's small claims court time.

South Carolina rent law says the following (emphasis mine):

When you move out in South Carolina, you should give the landlord a forwarding address. The landlord then has 30 days to either return your security deposit or provide a written explanation of the amount withheld.

(a) Upon termination of the tenancy, property or money held by the South Carolina landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.

(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

Here are my questions:

I never received any written itemized list of damages to the property, but I only gave my address over the phone (twice) when I requested the written list. I continued to check my old mailbox at the old apartment, and nothing was delivered there either. It's way past the 30 day point, but since I supplied nothing in writing, they may be able to claim they didn't have my forwarding address, which I'm thinking (?) may preclude me from collecting damages. (Here's an idea: Even though it's about 90 days after I've moved out, I could still send a certified letter requesting the itemized list. If they don't respond to that within 30 days, I've got Bob the Asshole by the short hairs...)

thinks

threaten

Should I just hire a lawyer? (Or is this too small-potatoes for a lawyer to deal with?)

Sorry this is so long, but there's my saga. Let it be a lesson to all tenants -- MAKE ALL YOUR CORRESPONDENCE TO YOUR LANDLORD IN WRITING. In retrospect, yeah, I should have just not paid the last month's rent... (And, yes, I enjoy typing "Bob the Asshole"!)

Roommate vs roommate security deposit: strong small claims case?

Geckwoistmeinauto — Thu, 01 Feb 2007 10:44:18 -0800

Mass. SecurityDepositSmallClaimsFilter: Buddy's ex-roommate withholding security deposit for no good reason, what should he do? This takes place in Boston, if that matters. He paid roommate $700 security deposit. Roommate in turn paid the landlord. He signed on to the lease under the landlord. At the end of the lease, roommate was angry at him for 'not really living there' -- she was returned the full amount of the security deposit. She was angry, so he offered her $50 and asked for a check for $650. She responded by offering him $450 because the money was legally hers to do with as she pleases, and anything he gets back is a gift.

So, he has a lease with their names on it, and a canceled check to her with "security deposit" in the memo dated a week before his move-in.

Under MA law, does he have a strong small claims case? How would he go about telling her he is prepared to sue without sounding threatening or should he not contact her and just file the suit?

I've looked at the appropriate Mass. laws about security deposits, but didn't see very much that would apply to this situation. Also, I had difficulty finding previous questions that weren't tenant vs landlord instead of tenant vs tenant.

Obligatory HHCAL: He Has Consulted a Lawyer, but we'd like to hear anecdotal experience.

Who do I sue?

JakeWalker — Wed, 27 Dec 2006 18:18:55 -0800

I was hit by a bus while my car was not moving. Who do I sue in small claims court, the driver of the bus, or the private company that owns the bus? I was hit by a bus in March. Bus was driven by a private individual, but owned by a bus company. I was not at fault in the accident, and am now going to sue to recover my damages in Small Claims court.

Do I sue the driver of the bus, the bus company the bus is owned by, or both?

If it matters, I am in Chicago (and that is where the accident occured). The driver is from Chicago and the bus company is headquartered here too.

Why do they do this, and how do I deal with it?

pjern — Fri, 16 Jun 2006 18:17:35 -0800

I had an insurance adjuster come by my house to look at damage caused by a recent hail storm. During a follow-up phone conversation, she mentioned that the checks would be made out jointly to me and my mortgage company. Why do they do this? It seems inconvenient, since my mortgage company is in California, and I am in Indiana. How do deal with this is puzzling me, since I will need access to the money to pay contractors, etc. to get the damage repaired. Anyone ever dealt with this and can give me some pointers?

Which court do I sue in?

whitebird — Thu, 15 Jun 2006 09:48:26 -0800

My understanding is that to sue in NYC Small Claims Court, the defendant must live, work, or conduct business within NYC. If the defendant does not live, work, or conduct business within NYC--though the claimant does--what's the proper court for a Small Claims Court type of lawsuit? And this might solve it, too: If the defendant bought something from a store in NYC, is that conducting business?

Small Claims Court

gummo — Mon, 02 May 2005 10:39:07 -0800

Can anyone give me some advice before I file a small claims court lawsuit against an Auto Service Center. Quick recap. I went in for a normal brake job to a small brake shop (but a large chain). Developed a new problem after a few days. Brought it back. They blamed existing factory parts(brake calipers) quoting a TSB (technical service bulletin) from the factory. TSB didn't match my issue exactly, and I didn't believe I suddenly had issues with these old parts, so I declined more work at that shop, and took my car in for service at the factory service center, since factory parts were blamed, and factory service bulletin quoted. They blamed cheap aftermarket parts. Stated on my receipt that prob was aftermarket parts and that calipers work per design. Problem was solved, never to return.

So anyway, I tried to get a refund from the brake shop. They said no. I wrote a letter stating the entire situation, asking for a refund, and threatening to sue. They called and tried to talk me out of it, but offered no refund. So I want to sue.

Any advice?

Damaged Luggage and the TSA

crazy finger — Thu, 14 Apr 2005 16:25:55 -0800

I recently flew domestically in the US and had luggage damaged by a TSA inspection, anybody have a similar experience? I'm basically wondering if anybody has had any luck filing damage claims with the TSA. My item was an inflatable rubber product that was damaged by the repeated closing of a zipper. The product cost about $350 and I'm asking for replacement.

Question number 10072

luriete — Fri, 10 Sep 2004 13:11:13 -0800

Following up on yesterday's "I was robbed" question, I now ask a question about homeowner's insurance, claims, etc - please come inside.