Should this go to small claims court?

phunkygrl · Jan 5, 2003

I live in Maryland, and i'm not too familiar with the procedures and actions I need to take to resolve my issue. What's going on... is that a friend of mine offered to let me stay at his place till I found a place. There was no mention of me paying anything to stay there, and after a month things didn't work out. I didn't have a place to live yet, so he said he would keep my belongings and my 3 cats until I could get a place a nd take everything. 1 month later, I return to get my belongings and on top of one of my cats not being there, when I got home and looked through my stuff, there were a lot of things missing. I confronted him with this information and he denies everything. I know he has my belongings and I feel like since he will not return the property, I have no other recourse than to sue. I need help about knowing if this is something that belongs in small claims court or if there are alternative methods to solve this issue! Thanks!!!

snowfreeze · Jan 5, 2003

Sure you could try suing him in small claims court. Was anything in writing? You say "some things were missing". Do you know exactly what and how much it was worth? Type up a list and bring it with you.

phunkygrl · Jan 5, 2003

Yes, I know what the items are and their approx. monitary value, however, I really want their return not money, and I do not have reciepts for them. They are all either things that I have accumulated over the years, a cat, and a family heirloom. Also, there was never a written agreement, only verbal, and the only other person that knew it was my mother. I was considering getting her to send me a written statement to use as evidence if court is persued. (she lives in a different state) I do not know if that would even be considered as evidence anyway... thanks for the reply...I also would like to find if there are other alternatives!!

stephenk · Jan 5, 2003

your mom's written statement is not evidence that would be admitted. she would need to be in court to testify.

JETX · Jan 5, 2003

Small claims court cannot order the return of items. They only hear issues as to money claims.

If you want to sue for return of the items, you will have to sue in a higher court.... and there is still no assurance that the property can be returned.

snowfreeze · Jan 6, 2003

AGAIN JETX is wrong. JETX, please stop being so absolute with your answers. If you aren't sure, say so or better yet - don't answer the question.

Phunkygrl, many small claims courts do not allow you to recover items as opposed to money. However, some do.

In addition, I have seen Judge Joe Brown and Judge Judith Sheindlin (Judge Judy) order the return of diamond engagement rings when the parties failed to consumate their marriages.

There's nothing stopping you from taking it to them except that the defendant would likely need to agree to their jurisdiction (call the shows for details).

Good luck!

I AM ALWAYS LIABLE · Jan 6, 2003

snowfreeze said:
AGAIN JETX is wrong. JETX, please stop being so absolute with your answers. If you aren't sure, say so or better yet - don't answer the question.

Phunkygrl, many small claims courts do not allow you to recover items as opposed to money. However, some do.

MY RESPONSE:

Let's be specific, Snowfreeze. Our writer is in Maryland. Remember, her first sentence was, "I live in Maryland."
You said, "However, some do." Well, not in Maryland - - and telling her about Pennsylvania law, or what Judge Judy might, or would, do is useless.

The following is from the Maryland Judicial site.

"Introduction
This guide is designed to help you understand the process of filing a small claim in the District Court of Maryland. Small claims are handled less formally than other cases. While you can hire an attorney if you choose, the rules of evidence and procedure in small claims cases are simplified to make it easier for individuals to represent themselves.
To be tried as a small claim in District Court, your case must meet the following conditions:

• Your claim is for $2,500 or less; and,
• Your claim is for money only, not the return of property or performance of a service; and,
• You are not planning to request any discovery such as interrogatories (written questions that the other side must answer under oath in writing, before trial).

If you do not meet all three of these conditions, you do not have a small claim, and the information in this guide does not apply to your case."

"In addition, I have seen Judge Joe Brown and Judge Judith Sheindlin (Judge Judy) order the return of diamond engagement rings when the parties failed to consumate their marriages."

MY RESPONSE: Stop confusing "television court" with actual State courts and court rules or laws. Judge Judy and the others like her are "arbitrators" - - so they can award anything they want in any fashion they want. They are NOT following any particular State rules or laws; especially Judge Judy whose motto is "Common Sense" law.

But, in a REAL Maryland Small Claims court, you CANNOT obtain "specific performance" (the forced return of goods or property); you can ONLY obtain a money judgment.

So, stop slamming people like Mr. JETX who know a hell of a lot more than you do - - because if you continue on your current course, you may wind up unable to access this site in the near future. Just a friendly word of advice.

You may want to apologize to Mr. JETX, too. I would strongly suggest it.

IAAL

snowfreeze · Jan 6, 2003

Dear "Mr I AM ALWAYS LIABLE (IAAL)":

I have enjoyed some of your responses in the past, so I will make this as polite as possible though you clearly haven't afforded me the same courtesy. I don't appreciate your false and premature remarks about "Mr. JETX ... know a hell of a lot more than you do". I am getting extremely tired of defending my comments. You people are succeeding to run people like me off. Furthermore, if you are a freeadvice.com moderator, I apologize that you have misunderstood my remarks to user "phunkygrl (pgrl)". If you are not an administrator, then I do not apologize for your lack of understanding.

pgrl clearly asked for the return of items and not money. She went on to ask that if it were not possible by normal methods, she "also would like to find if there are other alternatives!!". By stating my response regarding Judge Joe Brown and Judge Judy I have answered her question. I have given her a legitimate response to her sincere question. That, everyone else on this thread have failed to do. You have all merely shut her down without much consideration, without determining if there really were alternatives. Alternatives are what she asked for, plausible alternatives is what she received - from me and only me.

Please don't follow Mr. JETX's example and begin to get p'd off at me and start arguments. After all, if you are aware of the thread that started it all between me and him, you are aware that he started everything to begin with.

Thank you for your time and understanding, sir.
snowfreeze

I AM ALWAYS LIABLE said:

snowfreeze said:

AGAIN JETX is wrong. JETX, please stop being so absolute with your answers. If you aren't sure, say so or better yet - don't answer the question.

Phunkygrl, many small claims courts do not allow you to recover items as opposed to money. However, some do.

MY RESPONSE:

Let's be specific, Snowfreeze. Our writer is in Maryland. Remember, her first sentence was, "I live in Maryland."
You said, "However, some do." Well, not in Maryland - - and telling her about Pennsylvania law, or what Judge Judy might, or would, do is useless.

The following is from the Maryland Judicial site.

"Introduction
This guide is designed to help you understand the process of filing a small claim in the District Court of Maryland. Small claims are handled less formally than other cases. While you can hire an attorney if you choose, the rules of evidence and procedure in small claims cases are simplified to make it easier for individuals to represent themselves.
To be tried as a small claim in District Court, your case must meet the following conditions:

• Your claim is for $2,500 or less; and,
• Your claim is for money only, not the return of property or performance of a service; and,
• You are not planning to request any discovery such as interrogatories (written questions that the other side must answer under oath in writing, before trial).

If you do not meet all three of these conditions, you do not have a small claim, and the information in this guide does not apply to your case."

"In addition, I have seen Judge Joe Brown and Judge Judith Sheindlin (Judge Judy) order the return of diamond engagement rings when the parties failed to consumate their marriages."

MY RESPONSE: Stop confusing "television court" with actual State courts and court rules or laws. Judge Judy and the others like her are "arbitrators" - - so they can award anything they want in any fashion they want. They are NOT following any particular State rules or laws; especially Judge Judy whose motto is "Common Sense" law.

But, in a REAL Maryland Small Claims court, you CANNOT obtain "specific performance" (the forced return of goods or property); you can ONLY obtain a money judgment.

So, stop slamming people like Mr. JETX who know a hell of a lot more than you do - - because if you continue on your current course, you may wind up unable to access this site in the near future. Just a friendly word of advice.

You may want to apologize to Mr. JETX, too. I would strongly suggest it.

IAAL

Click to expand...

Click to expand...

I AM ALWAYS LIABLE · Jan 6, 2003

snowfreeze said:
Dear "Mr I AM ALWAYS LIABLE (IAAL)":

I have enjoyed some of your responses in the past, so I will make this as polite as possible though you clearly haven't afforded me the same courtesy. I don't appreciate your false and premature remarks about "Mr. Halket ... know a hell of a lot more than you do". I am getting extremely tired of defending my comments. You people are succeeding to run people like me off. Furthermore, if you are a freeadvice.com moderator, I apologize that you have misunderstood my remarks to user "phunkygrl (pgrl)". If you are not an administrator, then I do not apologize for your lack of understanding.

pgrl clearly asked for the return of items and not money. She went on to ask that if it were not possible by normal methods, she "also would like to find if there are other alternatives!!". By stating my response regarding Judge Joe Brown and Judge Judy I have answered her question. I have given her a legitimate response to her sincere question. That, everyone else on this thread have failed to do. You have all merely shut her down without much consideration, without determining if there really were alternatives. Alternatives are what she asked for, plausible alternatives is what she received - from me and only me.

Please don't follow Mr. Halkets' example and begin to get p'd off at me and start arguments. After all, if you are aware of the thread that started it all between me and him, you are aware that he started everything to begin with.

Thank you for your time and understanding, sir.
snowfreeze

My response:

Snowfreeze, thank you for saying "I have enjoyed some of your responses in the past."

Please answer these true or false questions - -

True or False:

1. Our writer is in Maryland.

2. Our writer has a Maryland claim.

3. Our writer asked about Small Claims court.

4. Our writer cannot sue in some other State's Small Claims court.

5. Our writer must sue in a Maryland Small Claims court.

6. You eluded to the fact that some Small Claims courts allow specific performance.

7. Maryland Small Claims courts do not allow specific performance.

8. Maryland Small Claims courts only allow money judgments.

9. Judge Judy and similar television shows are arbitrations.

10. Judge Judy and similar television shows do not follow Maryland law.

11. Our writer's chances of getting her case heard by Judge Judy and similar television shows is slim, or unlikely.

Regardless of the "alternative (and unrealistic) methods" you suggested, there are no other "realistic" alternative methods to seek recourse; that the Maryland Small claims court is the fastest and most expedient method of redress of our writer's complaints against her former roommate. The chances of getting on a television show is slim to none. And, besides, those television shows get their cases from Small Claims cases that have already been filed in court. You can't go to them directly.

Lastly, you said, "You people are succeeding to run people like me off." Yes, I must admit, that has happened now and again. It's necessary. We are all tired of running around after certain people who consistently give poor suggestions or advice when the proper law is readily available - - and then we have to waste our time making the necessary corrections and do "damage control" - - you know, much like I had to do with you by finding the actual Maryland laws for Small Claims court.

I look forward to your "True or False" answers.

IAAL

JETX · Jan 6, 2003

Snowy said, "AGAIN JETX is wrong. JETX, please stop being so absolute with your answers. If you aren't sure, say so or better yet - don't answer the question."

Snowy: As before, I call your bluff (remember the three other times you refused or failed to provide proof of your erroneous statements?):
I will make this very, very easy.... so that even you can understand it:
Please confirm or deny that the Maryland small claims courts are monetary only and cannot order the return of specific property.

Sorry, but in most cases where you have responded, you have obviously been confused by the facts. You replied elsewhere that in Washington, court clerks can freely hand out legal documents, when they can't. You respond here as to what the Maryland courts can do, when they clearly can't.

If you don't know, simply don't post.

And finally, Mr. Hastings, I have filed a complaint with the Utah Bar Association as to your providing legal services (and though the UPL statutes in Utah have been repealed), you should look forward to a contact by the UPL committee of the State Bar.

Have a happy day!

snowfreeze · Jan 6, 2003

Dear IAAL:

I am sorry that you are still trying to prove yourself correct while at the same time I am providing the person asking the question with an answer that can get her somewhere. That is something that you have failed to do.

Dear JETX:

I am not Mr. Hastings and I do not operate out of Utah. Nice try.

snowfreeze

JETX · Jan 6, 2003

"I am not Mr. Hastings and I do not operate out of Utah. Nice try."

From your profile (on this site):
Homepage: http://www.jsh.biz

That website shows '© 2002 John S. Hastings, L.L.C.'
(BTW, why is there NO registration of your 'LLC' with the Utah Dept of Commerce??)
http://www.utah.gov/serv/bes?bus_name=Hastings&beginning=no&action=query

Website registration shows:
Registrant Name: John Hastings
Registrant Organization: jsh.biz
Registrant Address1: P.O. Box 50413
Registrant City: Provo
Registrant State/Province: UT
Registrant Postal Code: 84605
Registrant Country: United States
Registrant Country Code: US
Registrant Phone Number: +1.8012839229
Registrant Facsimile Number: +1.2082464583
Email: [email protected]

You also made the following claims:
"I Can Give You Advice About:
I am an A+ certified computer repair technician and an
expert at troubleshooting and fixing computer issues.

I am also a defendants worst nightmare in the courtroom. I
am a proven professional at helping plaintiffs resolve issues prior to going to court, or if they are already taking legal action I can assist in lawsuit filing and process as well as judgment collection.

I am also a proven professional at helping defendants win
against plaintiffs or otherwise minimize their loss in the
courtroom.
My Primary Occupation:
I own my own business. Please see http://www.jsh.biz for
more information.
My Education:
I have two college degrees and received an "A" (top grade)
in Civil Litigation class.
My Professional Experience:
I have a proven track record of winning lawsuits per se (without the use of an attorney) in numerous states including a $50,000 settlement in South Carolina, and several lawsuits in Arizona and Utah. I have gone up against and BEATEN both individuals as well as corporations that defended themselves with or without attorneys.

I have successfully defended myself against legal action
(auto accident) as well."
http://www.liveadvice.com/my_account/view_storefront.php?USERNAME=snowfreeze

Also:
"snowfreeze Free advice? Professional Small Claims Consultant

Included in my answer is a special bonus for you to get thorough assistance and find ALL the help you need for no additional charge. On numerous advice websites, we have 5 stars out of a 5 star quality rating and are #1 in the rankings for speed and professionalism. We have a clean record with the Better Business Bureau (bbb.org) and planetfeedback.com. We are very serious about the online legal information business and have even incorporated. You will get the answer that you are looking for. Guaranteed. Professional, Thorough, Written/Documented (and inexpensive) small claims matter assistance"
http://www.keen.com/categories/categorylist_expand.asp?sid=5241621&gid=0&pmode=0

Now, are you going to STILL deny that is you???

Should this go to small claims court?

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phunkygrl

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