Court Fees Small Claims Case

[zddoodah]

I just got off the phone with a clerk at a court house and he mentioned I should send a certified demand letter before going to small claims court. What do you think about his suggestion.

Sending a demand letter costs you nothing but time and postage. Sending it by certified mail is probably of no value. Whether a demand letter has any chance of getting you paid without suing is something about which only you can competently opine.

 

[jj123]

ok you guys convinced me, no demand letter lol

Next question.

I live in city X. She lives in city Y.

The Promissory Note contract was signed in my city X.

She was living with me at the time of signature.

Distance between both cities is 30 minutes.

Contract does not state the location of the court house venue.

Looks like the self help rules are as follows:

Where Do I File a Small Claims Case?

• In the precinct and county where the defendant lives,
• In the precinct and county where the contract was going to be performed, if it is a contract case,
• In the precinct and county where the damage to property or injury to the plaintiff occurred, or
• In the precinct and county where the personal property the plaintiff is suing for is located.

I would prefer to file the case in my city, X, so that I don't have to drive to city Y. Can I do this?

There is an option on the efile to pay $75 extra for Service by Constable to serve defendant.

Will the $75 fee cover the cost for constable to drive to city Y to serve defendant if I file in my city X.

Or does this service only cover the city where it is filed.

Thanks

 

[quincy]

It is best if you file where she lives. That prevents her from challenging venue. Here again is the link I provided on page one of your thread, that listed the options you noted.

https://gato-docs.its.txstate.edu/jcr:2c0d52a4-6fe2-47b4-b78f-d4380726568c/SRL - small claim plaintiff.docx

 

[Zigner]

ok you guys convinced me, no demand letter lol

While there doesn't appear to be a legal requirement for a demand letter, the court suggests that one be sent. I suspect that the court will look more favorably upon you if you have followed the court's suggestion. You'd only be out a couple of bucks (tops) and 30-ish days of time if you send one. Why wouldn't you send one?

 

[quincy]

You might want to fill out fully the small claims complaint and, before filing, send a copy of this complaint along with your demand letter - informing the woman that the complaint will be filed if your demand for payment is not met within X number of days.

This can be effective because the woman sees that you are serious about collecting what is owed.

Another option is to have an attorney draft the demand letter and have it sent on his attorney letterhead. This would cost you more money than it probably worth, though.

Good luck with whatever decision you make. I wish you success in collecting the overdue payment.

 

[zddoodah]

I would prefer to file the case in my city, X, so that I don't have to drive to city Y. Can I do this?

Can you? Yes. However, if the defendant objects, then the case might get dismissed and you'll have to re-file. I haven't looked at the actual rules, but the four bullet points you quoted seem to require that you file where the defendant lives (unless your note expressly says that the payments are to be made in your county of residence).

Will the $75 fee cover the cost for constable to drive to city Y to serve defendant if I file in my city X.

You'll have to ask the constable if there is a geographic limit on their services.

 

[doucar]

Are city X and Y in the same county?

 

[quincy]

It would be the possible refiling costs that make filing in the ex-girlfriend’s location the best available option although, arguably, the case could be heard in the county where the contract was entered into. Of course, if the county for both is the same, that can make the decision an easier one.

 

[jj123]

I just found out city X and city Y are in the same county.

Do I have to file in the same precinct where she lives?

Its been 2 years since she signed the document as of today but the contract stipulates all payments must be completed by April 15th, 2019.

I should be good until April 15th, 2021 to file before statues of limitations expire correct?

Thanks for your help.

 

[Zigner]

I just found out city X and city Y are in the same county.

Do I have to file in the same precinct where she lives?

Its been 2 years since she signed the document as of today but the contract stipulates all payments must be completed by April 15th, 2019.

I should be good until April 15th, 2021 to file before statues of limitations expire correct?

Thanks for your help.

As you've been told SEVERAL times, the statute of limitations is (appears to be) four years for written contracts. This can be easily found by a web search. Why do you believe it is only two years?

 

[quincy]

I just found out city X and city Y are in the same county.

Do I have to file in the same precinct where she lives?

Its been 2 years since she signed the document as of today but the contract stipulates all payments must be completed by April 15th, 2019.

I should be good until April 15th, 2021 to file before statues of limitations expire correct?

Thanks for your help.

You have four years from the date of the breach of your contract to file suit.

You should file your small claims case in the court that covers the area where your ex-girlfriend lives.

 

[jj123]

Sorry for the trouble.

I just wanted assurance of the 4 year SOL. Based on this sentence below, In most other cases the time is two years.

When Can I File a Small Claims Case?
You can only file your claim for a certain amount of time after the incident occurs. This is called the statute of limitations. In a breach of contract case, the time period is four years, unless the contract gives a different time period. In most other cases, the time period is two years.

 

[Zigner]

Sorry for the trouble.

I just wanted assurance of the 4 year SOL. Based on this sentence below, In most other cases the time is two years.

When Can I File a Small Claims Case?
You can only file your claim for a certain amount of time after the incident occurs. This is called the statute of limitations. In a breach of contract case, the time period is four years, unless the contract gives a different time period. In most other cases, the time period is two years.

Yours is a breach of contract case.

 

[quincy]

Sorry for the trouble.

I just wanted assurance of the 4 year SOL. Based on this sentence below, In most other cases the time is two years.

When Can I File a Small Claims Case?
You can only file your claim for a certain amount of time after the incident occurs. This is called the statute of limitations. In a breach of contract case, the time period is four years, unless the contract gives a different time period. In most other cases, the time period is two years.

Both debts and breach of contract cases have a four year statute of limitations. You can verify this with an attorney in your area.

 

[zddoodah]

In a breach of contract case, the time period is four years

Four years from the date of breach, not the date of the contract.

Why don't you tell us what City X and City Y are?