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How do I sue someone?

Discussion in 'The Okie Corral' started by 8-Ball, Jan 9, 2010.

  1. 8-Ball

    8-Ball Old Soul

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    Here's the quick story. I can't give all the details for a couple reasons. PM me if you're really interested or you think it would help you give me advice.

    I purchased I dog from someone for a good chunk of money. I have a reciept saying AKC/WWKC papers were to follow. Person never sent the papers and will not give me a partial refund.

    So my question is, without spending a ton of money on a lawyer, how do I go about taking this person to small claims court? What's the first step? Do I really need a lawyer?

    I have saved all emails between this person and myself, and I still have the reciept. I have never had to take someone to court so I have absolutely no idea even where to start.

    Please help me GT!
     
  2. void *

    void * Dereference Me!

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    The exact procedure may vary depending on where you are - but I've done it, and you basically need to file and serve them (properly), then show up in court with all your paperwork/evidence/etc.

    You'll probably pay a filing fee, and properly serving them may be the trickiest part.

    Take a look at http://www.ag.state.il.us/consumers/smlclaims.html - that should get you started (assuming your location is still correct)

    (Illinois seems to be different than California - in California, in small claims court, neither side can have an attorney, the judge wades through the legal stuff).
     

  3. Carolina Drifter

    Carolina Drifter CLM

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    I think you can do it in small claims court with out a lawyer. Just make sure all the evidence is in your favor. Your local courthouse can help you with the proper procedure.
     
  4. IndyGunFreak

    IndyGunFreak

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    Depending on the amount of money, its probably just a small claims court deal... Go file it, get your stuff together, go in front of the judge.

    When you file a claim in Small Claims, aren't they served by the Sheriff? I think thats how it is here...

    IGF
     
  5. ilgunguygt

    ilgunguygt Enslaved in IL

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    What part of the state area you in?
     
  6. 8-Ball

    8-Ball Old Soul

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    Why do you ask?
     
  7. lee2

    lee2

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    be aware if you win a judgement, you may still not get your money back.
     
  8. 8-Ball

    8-Ball Old Soul

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    One little problem is I don't have the persons address. Any ideas on how I get that? Will the courts find it to send the summons or do I have to?
     
  9. 8-Ball

    8-Ball Old Soul

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    Yes, I understand that. It's worth a shot and I don't want any other people getting screwed.
     
  10. IndyGunFreak

    IndyGunFreak

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    Lot of hassle to go through for what is probably not much money. Why not just create a web page w/ the kennel's name on it, and put how they deceived you.

    If they are an actual business(probably unlikely for a breeder), file a complaint w/ the BBB. What makes you think they won't do it to someone else if you sue? Its called playing the odds. Odds are, they've done it to a lot of people before you, and none bothered to pursue a suit. If you do, its no big deal, they are still ahead, and they'll keep playing the odds that most people won't sue.

    IGF
     
  11. IndyGunFreak

    IndyGunFreak

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    :upeyes: Maybe he had some insight?

    You can't ask a question like this, and not reveal roughly where you are. These things VARY WIDELY, state to state, and probably even county to county... Nobody's asking for your address. City/County would probably suffice.

    IGF
     
  12. Cody Jarrett

    Cody Jarrett

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    The receipt constitutes a contract. that contract contains a materially false statement, known to be false at the time of writing. Unless there is a "severability" clause on the receipt (which I bet there isn't) it invalidates the entire contract in some states requiring you be compensated with a full refund. A full refund would require you relenquish the dog back to him as well. If you love the dog then seek a partial refund where you keep the dog.

    Just my opinion.
     
  13. Hawker Man

    Hawker Man

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    Just a thought, run an add in the local newspaper and ask anyone that has been wronged by this person to contact you. You might be able to bring an army into the court room with you.
    This might also complicate things beyond your control and require a lawyer.
    What ever you do, remember who is in charge when you go in front of the judge.

    Tom
     
  14. 8-Ball

    8-Ball Old Soul

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    That was my plan. A partial refund that is more than fair, since this ruined my plans to breed my dog with a coworkers dog. That pretty much screwed me out of a lot of money.
     
  15. Carolina Drifter

    Carolina Drifter CLM

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    Wouldn't the website idea possibly open him up to a liable suit???????
     
  16. pugman

    pugman

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    Correct. This is just the first part in getting your money back through the courts.

    I've successfully sued and received my money back once about 8 years ago-however it took nearly 7 years for me to get my money back. Since I knew the system, it wasn't much work and cost on my part...just time, filings, and filling out paperwork.

    The guy owed me about $1500 so I found out where he lived and slapped a lien on his house. That property can't legally be transferred without that lien being satisfied. IIRC, a bankruptcy will satisfy it as well (don't quote me, been a long time since I dabbled in this)

    When he sold the house I got my money plus the allowed interest. My settlement at his property closing was about $1800.

    There are other ways to deal with this and cause someone a headache depending on how badly you want this money back or to cause this person grief.

    You pay a fee to have a Sheriff serve someone. Its been a long time since I dealt with this on a daily basis...but the charge then (15+ years ago) was $35 in Dane County...BTW, IIRC that's per attempt.
     
    Last edited: Jan 9, 2010
  17. 8-Ball

    8-Ball Old Soul

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    Problem is, the person in question lives nowhere close to me.
     
  18. Chad Landry

    Chad Landry Cajunator® CLM

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    Only if it's a lie.
     
  19. Dinky

    Dinky Numpty

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    Contact the AKC and put them on his trail.
     
  20. Stubudd

    Stubudd

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    libel