how to be a PITA in small claims court

[sconosciuto]

I am looking for advice from any savvy folks, as to how to be as big of a pain in the rear as possible in a small claims case.

I know, for instance, that one can file a motion for continuance to reschedule the hearing, and that this can be done at least a couple of times. Landlords often use this to discourage former renters from following through on lawsuits to recover unreturned security deposits.

I also had a landlord who deliberately missed the hearing. I won a default judgment but it was reversed or vacated or whatever when he came up with another 'dog ate my homework' story. That's when I discovered that small claims courts don't like issuing default judgments and they'll bend over backwards (generally) to ensure that both parties get a hearing.

So this is what I want to do. I want to drag out the hearing as long as possible and make it as inconvenient as possible. I can also make serving the papers on me very difficult, as I have the ability to close off all access to my front door and since I work out of a home office, I don't have to come and go at normal hours.

In case any of you think I am being a jerk, I assure you I am the innocent party here. A former client who was a complete horror to work with is threatening to sue me over work which was nearly completed. Somehow this person thinks that I owe them the money they paid me up-front to get started on the project. I am not sure why they think suing is a good idea; they simply cannot win. I offered a very fair compromise to settle the matter and this person tried to very transparently con me into giving them the files in return for a check. A check, which, of course, upon which they could have stopped payment the moment I walked away. Hell, it could have had a stop payment on it before I was even handed it.

Now, because I refused to fall for this idiotic ruse, I am threatened with a small claims suit. So my intention is to make it clear to this person that I am much, much better at this than they are.

Any and all helpful advice appreciated. Thanks in advance.

 

[Mass_Shyster]

You deleted the question asking for your state, but most states follow the Federal Rules of Civil Procedure.

What you are proposing violates rule 11 of the those rules.

Rule 11(b)By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

 

[sconosciuto]

I am not looking to do anything illegal or improper.

I am simply looking to take full advantage of my legal rights.

This is done ALL THE TIME by landlords. Why shouldn't I do the same thing?

...come to think of it, attorneys do this ALL THE TIME in civil court. When they have an opponent with limited resources... just drag it out and drag it out and drag it out.

So, please spare me the pious BS. This is standard operating procedure for attorneys who work on behalf of large corporations. When they start disciplining them for this, then you might have a point.

 

[Ohiogal]

I am not looking to do anything illegal or improper.

I am simply looking to take full advantage of my legal rights.

This is done ALL THE TIME by landlords. Why shouldn't I do the same thing?

...come to think of it, attorneys do this ALL THE TIME in civil court. When they have an opponent with limited resources... just drag it out and drag it out and drag it out.

So, please spare me the pious BS. This is standard operating procedure for attorneys who work on behalf of large corporations. When they start disciplining them for this, then you might have a point.

They do discipline attorneys for this. You need to grow up quite frankly and mature. Being a PITA -- well you won't get any help here from people.

 

[bruceli]

"I am not sure why they think suing is a good idea; they simply cannot win."


If you feel this way, then why not simply let them sue you?

 

[sandyclaus]

I am looking for advice from any savvy folks, as to how to be as big of a pain in the rear as possible in a small claims case.

I know, for instance, that one can file a motion for continuance to reschedule the hearing, and that this can be done at least a couple of times. Landlords often use this to discourage former renters from following through on lawsuits to recover unreturned security deposits.

I also had a landlord who deliberately missed the hearing. I won a default judgment but it was reversed or vacated or whatever when he came up with another 'dog ate my homework' story. That's when I discovered that small claims courts don't like issuing default judgments and they'll bend over backwards (generally) to ensure that both parties get a hearing.

So this is what I want to do. I want to drag out the hearing as long as possible and make it as inconvenient as possible. I can also make serving the papers on me very difficult, as I have the ability to close off all access to my front door and since I work out of a home office, I don't have to come and go at normal hours.

In case any of you think I am being a jerk, I assure you I am the innocent party here. A former client who was a complete horror to work with is threatening to sue me over work which was nearly completed. Somehow this person thinks that I owe them the money they paid me up-front to get started on the project. I am not sure why they think suing is a good idea; they simply cannot win. I offered a very fair compromise to settle the matter and this person tried to very transparently con me into giving them the files in return for a check. A check, which, of course, upon which they could have stopped payment the moment I walked away. Hell, it could have had a stop payment on it before I was even handed it.

Now, because I refused to fall for this idiotic ruse, I am threatened with a small claims suit. So my intention is to make it clear to this person that I am much, much better at this than they are.

Any and all helpful advice appreciated. Thanks in advance.

If you are so sure that you are in the right here, and think that you will win the case (legally), why would you waste the court's time (and your own) by delaying the inevitable? Go to court, present your well-prepared and justified defense, and get it over with.

On the other hand, if you are so pissed off at the Plaintiff not accepting your so-called graciously offered compromise, perhaps the Plaintiff has a point - and a reason to doubt your veracity and good faith in your offer. Perhaps they have a reason to sue you and decided that you weren't negotiating or settling in good faith.

Delay as you may, but ultimately you may find yourself on the losing end of the case ANYWAY. Sure, you may have dragged it out longer, but the result is the same. Why put off until tomorrow what you can accomplish today?

You may not be as good at this as you think...

(And you wonder why the courts are so backed up these days? )

 

[>Charlotte<]

Also--and my memory is a little fuzzy on this, so somebody correct me if I'm wrong--

I believe the plaintiff is obliged to initially attempt service via the most cost efficient means (such as certified, RRR, ~$5), but can escalate to increasingly expensive methods as the cheaper ones continue to fail. And that you, sconosciuto, can be required to reimburse those expenses.