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No response to Demand Letter

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dmblackburn379

Junior Member
What is the name of your state? MO

My husband & I are Owner Operators,we reside in Sikeston, MO. We were leased to a Company located in Romeoville, IL, We sent a written 30 Day Notice to Terminate Lease Aggreement per our contract on Febrary 28th, 2005 and mailed by certified/registered mail all Documents, Decals, Permits, etc, as required by FMCSA Regulations. As well as requested our
Final Settlement/Check.

We have made several requests for our check and after mailing a Demand Letter November 10, 2005, have had no response. In addition to the costs of these mailings, and in the event of going to small claims court 400 miles away to obtain a jugement what other costs can be included in the amount of claim.
As it stands right now the actual amount owed is $956.18 without interest after the company had deducted various amounts from our settlement. I know Illinois small claims has a $5,000.00 limit. When we file the claim do we need to file for $5,000 and let the judge decide the actual amount or do we just sue for the $956.18?

We have documentation, copies and receipts of all mailings, correspondence from our end as well as all mailings from the company.
 


JETX

Senior Member
dmblackburn379 said:
In addition to the costs of these mailings, and in the event of going to small claims court 400 miles away to obtain a jugement what other costs can be included in the amount of claim.
Such as???
You can claim anything you want... however, the court will likely only award you the ACTUAL amount of your REAL damages (if you are successfull).

As it stands right now the actual amount owed is $956.18 without interest after the company had deducted various amounts from our settlement. I know Illinois small claims has a $5,000.00 limit. When we file the claim do we need to file for $5,000 and let the judge decide the actual amount or do we just sue for the $956.18?
As noted above... if your only REAL damages are the $956.18 plus any deductions, if any, that the court might find unreasonable or without support.
 

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