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Do I have a case?

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EPeake

Junior Member
My question involves small claims court in the state of: Oregon

I know little to nothing about the legal system and I'm hoping some knowledgeable person can let me know if I have a case.

I purchased a belt (as in a fashion accessory) online for a friend last July that cost $60.00, and he has yet to pay me back despite repeated requests. We never had a formal contract or anything like that. However, I have chatlogs for AIM (AOL Instant Messenger) that show him practically begging me to buy him the belt, saying that he'd pay me back, and me eventually agreeing. I have no way of concretely proving that it was a conversation between him and me since they are just screen names being used, but I have pages and pages and pages of previous and subsequent conversations with him, and I hardly believe a judge would suspect me of fabricating 150+ pages of fake conversation to win a $60.00 case. I also have credit card statements proving that I bought the belt, as well as proof that I shipped the belt to his former residence (his parents' house). I don't at this time have a way to prove he formerly lived there, but I don't imagine it would be incredibly difficult to do. My dad could testify (do they even have witnesses/testimonies in small claims court?) that he drove him home to that house before, although that isn't concrete proof. That's all I have in terms of evidence, but he doesn't have anything; all he can do is lie or claim ignorance. Days ago I gave him a deadline of June 14th, 2010 (when I return from college) to pay me. I made it rather ambiguous what I'd do at that point. I just said "that's your deadline."

I am currently educating myself by reading this site:

Small claims Court

but I have a few questions regarding the information on the site:

1) At this point, with no legal knowledge and just my logic, I'm fairly certain that I can "win" this case, so I'll just be assuming this until someone tells me otherwise. On the website I linked to it says this:

You cannot ask the court to order the defendant to do anything, or to refrain from doing something. If you need an order to make someone do something or stop doing something, other courts are available.
I am assuming in the case that I win, it may still be difficult for myself alone to get my money back. Is it exceedingly difficult to force him to pay me using "other courts?" Will these "other courts" even care about $60.00, or will they just throw it out?

2) This is stated on the website:

You should collect all the information that will be needed before you go to the courthouse. As the plaintiff, you have the burden of proving your case. You have a higher risk of losing your case if you do not have the appropriate documentation and other evidence to prove your case.
Does having the burden of proof mean I have to prove beyond a reasonable doubt, as in 99%, that my side of the story is true? Or does this mean I simply have to make my side of the story more convincing than his, as in >50%? Lastly, is it likely that I can win with the evidence I have previously stated, considering it is my word + evidence vs. his word?

3) It is stated on the website that I need the complete name and address of each person or business your claim is against. He claims to be in the process of moving. Although I'm not entirely confident in his claim, he does tend to drift a lot. I'm not sure what to do about this. How should I proceed if I cannot determine what his address is?

4) This is on the website:

You will have to pay a filing fee of approximately $50-$100, depending on the value of your claim and the court in which you file.
Will I be reimbursed by the defendant in the case that I win? Since I am looking to gain $60.00, it hardly seems worth it if I'm not going to be reimbursed.

5) This is on the website:

The claim and notice of your suit must be served on (delivered to) the defendant. The court will give you information on how the notice may be served. You may use the sheriff or a private process server to serve
the defendant.
Will this cost me money? If so, will I be reimbursed by the defendant in the case that I win?

6) I previously mentioned that the residency where I had the package sent to is not currently where he lives. I also believe his parents do not live there anymore. I am sure it would be helpful to have proof that he and his parents lived there, but would it be necessary? Would it make or break the case in any way? If I do need to do this, would it be exceedingly difficult to obtain this information?

I am ultimately wondering if this is something I should pursue. Time really is not an issue here; I want to win and get my monetary compensation.

Thanks for reading my long post, and I appreciate any feedback.
 


Proserpina

Senior Member
Winning is not your issue. Collecting would be your issue.

Sure, the court can issue a judgment against the defendant.

But how exactly do you think you're going to collect that $60?

I'll give you a friendly hint: it will cost you MUCH more than that to enforce the judgment, and you will not be reimbursed for the collection costs.
 

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