Totally Cluless on Small Claims - Atlanta, GA

[AllyKat]

Location: Atlanta, GA

Issue: Ex-friend borrowed needles for DJ turntables on Nov. 9, 2002 and refuses to return them - paid $160 for 1 complete set with extra pair of needles. I warned him of court and wrote his parents (no response) - he's 22 & lives at home.

Facts: I have a witness to the exchange and the agreement that they would be returned. I have the receipt for them as well and my credit card statement with the charge. Have copy of letter sent to parents.

Quesitons: What to do b/c witness just entered basic training for 6-8 weeks (Get paper confirming statement with military notorization or something?) . Can I sue also for the filing cost of $150 as well? How do I determine what to sue for in regards to replacement cost (get prices where I can, save copies, and ave. them?) ? Do I have any chance of winning?

I would appreciate any help!

Allyson

 

[djohnson]

First a couple of questions. How old is this ex? Is he just now old enough to go to basic training but was under age at the time of this deal? If he was not underage why would you be send a letter to his parents. You should send it to him at his parents address but not to his parents, they didn't make the deal. If he was underage then he couldn't enter into a contract anyway.

 

[JETX]

Post says 'ex' is 22 years old.

"What to do b/c witness just entered basic training for 6-8 weeks (Get paper confirming statement with military notorization or something?) ."
*** Generally, a notarized statement has limited value in court, since it cannot be cross-examined by the defense. However, some small claims courts do view them as supporting the claim made by the plaintiff. So, get a notarized statement from your witness and have him explain in it why he is not available to the court. Or you could schedule any hearing for the month after boot.

"Can I sue also for the filing cost of $150 as well?"
*** If you prevail in court, the court fees will automatically be included. But be sure to request them in your filing. However, most small claim (magistrate court) filing fees in Georgia are between $45 and $55, not the $150 you claim.
http://www2.state.ga.us/GaOCA/magistra1.htm

"How do I determine what to sue for in regards to replacement cost (get prices where I can, save copies, and ave. them?) ?"
*** Why do you need to determine costs?? Your post says you have the receipt, etc. That sets your 'damages'.

"Do I have any chance of winning?"
*** Of course you do. However HOW much chance depends largely on your evidence and ability to present it.

 

[lwpat]

Chalk it up to experience and let it ride. Sounds like you have some other unresolved issues with this Ex. Even if you win in small claims you will still have to collect on the judgement. Its not fair but sometimes $160 can be a small price to find out if someone is worthy of being your friend.

 

[Misty Schlegel]

Allycat, If you are willing to pay 150$ to retrieve 160$ and you have all of the paperwork ready and accessable AND you have a witness to prove your X has your needles, I suppose it's up to the judge. I'm going through small claims myself and have been warned to be nonemotional and concise when presenting my 'case'. If your friend (oops, X friend) is in the military, I think you need to know how many times he/she can be pardoned from showing up on the 'court' date. If you win, the money you spent filing will be added to the judgement, but then, you will have to collect it, which is entirely another story. Good Luck, Misty