headed to small claims court

What is the name of your state? LA

Most of the time when I post here it is just out of curiousity about certain legal situations. This time it is actually about my husband. Also, I DID have this posted somewhere else, then I saw this forum esp. for small claims court, so I deleted my other post and put it here instead. Hope that doesn't count as "duplicate posts"!

My husband is about to have to go to small claims court over merchandise that he ordered and payed for but that has not been delivered. He has made every attempt over the last months to contact the owner of the business and his calls have not been returned. The Better Business Bureau has attempted contact and has no success either; that office has advised him he will have to go to court.

We have done a bit of research about Small Claims Court but I have a few questions.

1) What kind of documentation will he need to prove his case. He has the receipt showing he paid for the merchandise, and the "narrative" that the Better Business Bureau requested from him regarding all attempts to contact the owner and what response he received each time. Is this going to boil down to my husband's word against the business owners

2) The information we found showed the monetary limit you can go to small claims court for is $3000. The cost of the merchandise was $3300. Would it be better to just forget the extra $300 and let the case go to small claims court or take another route and sue for the full amount?

3) What will happen if this business owner is supeonaed and ignores the supeona like he has ignored all other attempts to contact him?

4) The info he read said you don't NEED a lawyer, but are lawyers ever used in small claims court?

You could forget about the $300 if you like or take it to the civil level.

If you take it higher the Co. may hire a Lawyer , then you would most likely need one.

In small claims you do not need one .

What do you need ? The proof the merchandise was paid for , and The BBB report are evidence.

How was it to be delivered ? FedEx UPS ? Certified mail. If so can you get proof it wasn't delivered ?

You would have to show the Judge more likely than not , or with solid proof you did not receive the goods you paid for. The defendant could always say he sent it .

If the defendant did not show up, you would win by default .

Thanks! I appreciate your response.

To answer your question about method of delivery, the merchandise was to be delivered to the dealer (I don't know exactly how), who was to call my husband and advise that it was ready for pickup.

He has made every attempt over the last months to contact the owner of the business and his calls have not been returned. [ quote ]

One last attempt should be made by your husband .

He should make a Demand " Demand Letter " by Certified return receipt requested Letter to the Dealer.

Write from the beginning of the order , payments , contact to the BBB that have gone unanswered, phone calls unanswered , ETC.
Note the Dates , or approximated dates of each transaction .

State That you Demand delivery of the merchandise or your money returned to you ,within ( 5 ) business days, or you will take what ever legal action that a necessary for them to make good to you .

Keep a copy for court if they do not respond to it, with the proof of returned receipt they received the Letter .

This will show the court you tried and exhausted your avenues to collect .

Thanks again! We'll do that!