My response:
Your little girl WILL NOT be ripped off if I have anything to say about it !
Read this site:
http://www.lamission.cc.ca.us/law/bus1su99/chp15out.htm
Then, read below, and then sue his ass ! It's the only thing these jokers from New Jersey understand, with the exception of a baseball bat to the knees !
Then, watch his jaw drop as the court reverses the contract.
Good luck to you and her.
IAAL
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A Guide to the Procedures of the Small Claims Divisions of the County Courts in Colorado
COLORADO JUDICIAL DEPARTMENT,
OFFICE OF THE STATE COURT ADMINISTRATOR
1301 PENNSYLVANIA STREET, SUITE 300
DENVER, CO 80203
WHAT IS THE SMALL CLAIMS COURT?
The small claims court is an informal court that you can use to file lawsuits for up to $5,000 without an attorney.
The small claims court is a division of the county court. A judge or referee presides over the small claims division.
Small claims cases are official court cases. Trials in small claims cases are designed to be quick and relaxed and to provide citizens with an inexpensive and speedy method for settling minor claims.
(Legal reference: Section 13-6-401 et al., C.R.S.; Rule 501 et al., C.R.C.P.)
WHO CAN USE THE SMALL CLAIMS COURT?
Any person, corporation, partnership, or other organization can file an action in the small claims court. Attorneys are not allowed in small claims cases unless they are a party in the case, or unless requested by the defendant. If an attorney appears for or as a party, the opposing party in the case may be represented by an attorney. The use of juries is prohibited. Only persons who are real parties to the transaction sued upon can bring a small claims action. Collection agencies or agents are not allowed to file small claims actions.
WHEN TO USE THE SMALL CLAIMS COURT
Small claims courts may be used for money debts, personal injury claims, or property damages up to $5,000, or for canceling, avoiding, or getting out of a contract when the amount involved does not exceed $5,000. If your claim exceeds $5,000, you may still use the small claims court, but your relief is limited to $5,000 and you lose the right to claim the excess.
Some examples of when you may use the small claims court are:
when your landlord refuses to return your security deposit;
when a laundry loses or damages your clothing;
when someone damages your automobile and will not pay for the repair;
when someone owes you money for bad checks or for bills, services rendered, or goods sold and delivered or
when someone defrauds you into signing a contract, and you want to get out of the contract.
Please note that you may not file more than two small aims actions per month and not more than 18 actions per year, regardless of the location of the court.
Before starting a small claims court action, try to contact the other party and solve the problem by coming to an agreeable settlement.
SUMMARY
Use the small claims court when:
someone owes you money or has damaged your property and that person refuses to pay; and the amount of money you seek is not more than $5,000; or
you want to be relieved from the obligations of a contract.
WHICH SMALL CLAIMS COURT SHOULD YOU USE?
The party being sued in the small claims court (called the defendant) must live, be regularly employed, be a student at an institution of higher education, or have an office for the transaction of business in the county where the claim is filed. Therefore, you must file your claim in the small claims court in the county in which the person or company who owes you the money lives, works, is a student, or has an office at the time you file the claim.
HOW TO START A SMALL CLAIMS ACTION
If you are filing a small claims action, you are called the "plaintiff" If you have been sued, you are the "defendant". To start an action in the small claims court, you must file a claim explaining whom you are suing, how much money you are seeking and the reason you are claiming the money.
To start your small claims action, fill out the "Notice, Claim, and Summons to Appear," form that you get from the court clerk. The form must have complete names and addresses, the amount you are seeking, when it became due, and a brief statement of why the amount is owed. The bill must be owed directly to you and not to anyone else. Make sure you know the correct name of the party you sue and whether the party is an individual, sole proprietorship, or corporation.
The clerk will explain the various ways the claim may be given to the defendant. This is called service. Service may be accomplished by a sheriff, a process server, a friend that is familiar with the technical rules of service, or certified mail with a return receipt requested, notifying the defendant of the date and time to appear for trial. The certified mail option must be conducted by the clerk of court. The clerk will advise you of the dates available for the trial.
If you wish the trial to be held in the evening or on a Saturday, please tell the clerk, as it is sometimes possible to have your case heard at these times. Most courts, however, do not have evening or Saturday sessions because of low demand. In addition, many courts schedule small claims cases only once a week or once a month, depending upon demand and other considerations. The clerk of the court in which you are filing your claim will let you know about the available dates for that court.
USE OF ATTORNEYS
If you are the defendant and you wish to be represented by an attorney, advise the clerk at least seven days prior to trial and the clerk will give you a form to sign, requesting transfer of the case to the county court because you will be represented by an attorney. If the defendant obtains an attorney by this method, the plaintiff may then have an attorney. If the case is transferred and tried in county court, the same rules apply as in the small claims court, even though attorneys are allowed.
HOW MUCH DOES IT COST?
Plaintiff:
Pay the following filing fee based Upon the amount of your claim:
Amount of Claim Filing Fee
Up to $500 $ 8.00 + $1.00 tax = $ 9.00
$500.01 to $2,000 $16.00 + $1.00 tax = $17.00
$2,000.01 to $3,500 $25.00 + $1.00 tax = $26.00
$3,500.01 to $5,000 $42.00 + $1.00 tax = $43.00
This fee must be paid to the clerk of the court before the claim can be filed.
There is an additional fee of the actual charge of the United States Postal Service for the clerk to serve the first notice of the claim upon the defendant by certified mail. If service by mail is unsuccessful, then personal service by a process server or sheriff must be made. The fee for personal service by the process server or the sheriff, which the plaintiff must pay, depends upon actual cost of the personal service.
If you win the case, you may be entitled to recover your principal claim, as well as the costs of filing the suit, and the cost of service, from the defendant. The court may award these costs as part of the judgment.
Defendant
Pay the following fee based upon the amount of the claim against you:
Amount of Claim Fee
Up to $500 $ 4.00
$500.01 to $2,000 $11.00
$2,000.01 to $3,500 $21.00
$3,500.01 to $5,000 $38.00
If you as defendant assert a counterclaim, pay the following fee based upon the amount of your counterclaim:
Amount of Counterclaim Fee
Up to $500 $ 8.00
$500.01 to $2,000 $16.00
$2,000.01 to $3,500 $25.00
$3,500.01 to $5,000 $42.00
GETTING READY FOR TRIAL
Plaintiff
The most important thing to do in getting ready for the trial is to know the exact date, time, and place of your trial and to be there on time. YOU MUST NOTIFY THE CLERK IF YOU AND THE DEFENDANT SETTLE YOUR CLAIM BEFORE THE DATE SET FOR TRIAL; THIS PERMITS THE COURT TO PLAN FOR OTHER CASES.
You should collect any papers, documents, or pictures that have anything to do with your case and bring them with you when you go to your trial. Bring receipts, bills, and estimates to show the judge or referee; this will help prove your claim. You must be able to prove your claim. If your claim is for auto or other property damages, you should bring a witness qualified to testify about the damages caused by the other party and the cost to repair the damages. If the cost of repair is the only dispute you may bring in repair estimates, receipts or canceled checks, but these items alone may not be sufficient to prove your case. The person making the estimate would be a better witness but is not required.
You may also bring any other witnesses whom you feel can help you explain your case. Upon your request, the clerk will issue a subpoena to require the attendance of anyone you want as a witness. Make sure your witness knows the exact date and time for the trial, and then make sure the witness appears for the trial.
Defendant
If you are the defendant and you do not wish to contest the plaintiff's claim, you may settle with the plaintiff before the date set for trial and have the action dismissed by the court. No judgment will then be entered against you.
Try to contact the plaintiff to resolve the dispute prior to the trial date. If you settle the case, you must notify the court immediately.
If you do not settle and do not appear at the trial, a judgment may be awarded by default to the party who does appear. You may answer the claim stating why you do not owe the money, and may also file a counterclaim, which means you claim the plaintiff owes you money. The clerk will explain the counterclaim procedures to you.
If you win at the trial, the plaintiff may be obligated to pay your court costs. If the plaintiff wins, you may be obligated to pay the plaintiffs court costs, in addition to the judgment entered against you. If you are not prepared to pay the judgment at the time it is entered, you may be required to fill out a court form entitled "Interrogatories to Judgment Debtor," which lists all of your property and other information regarding your assets and employment. This helps the plaintiff collect the judgment from you.
Remember, whether you are the plaintiff or the defendant, you must appear at the trial, or you may lose the case. If there is some reason why you cannot be in court on the day of the trial, call the court clerk. The court clerk will advise you whether a continuance is possible. A continuance can be granted only by a judge or referee.
WHAT TO DO AT THE TRIAL
The trial is a simple, informal hearing before a judge or referee. Try to arrive early so that you will have time to find the small claims courtroom. Please be aware that several cases may be scheduled and you may have to wait your turn.
If the person you are suing does not appear for the trial, and the person was properly served with the notice, you will probably win your suit by default. You will still have to explain your case to the judge or referee. If you are the defendant and the plaintiff does not appear for the trial, the suit against you will probably be dismissed.
When your case is called, you should try to explain as simply as possible why the person you are suing owes you money. If you are the defendant, you will have an opportunity to explain why you do not owe the plaintiff the money. The judge or referee will probably help you by asking questions. You should try to answer these questions clearly and directly. Remember that a large number of small claims cases are usually scheduled for the same session and you have a limited time to present your views.
COLLECTING YOUR MONEY
The procedures for collecting a judgment are complicated. The clerk will attempt to answer your questions. However, the clerk cannot give you legal advice, and you may want to talk to an attorney. We emphasize that collection procedures should not be attempted without legal advice unless you are absolutely sure you know what you are doing. The following suggestions will not guarantee that you will collect your judgment, but may help.
The judge or referee has decided the case in your favor and awarded you a judgment. What do you do to collect this judgment? If the other party has come to court, contact that party and demand payment. You can have the court require that the losing party disclose assets and property by having that party answer written questions or appear in court. You can use that information for garnishment or execution as explained below. If the losing party fails to comply with the court's order to answer or appear, the court may hold the party in contempt.
Other ways to collect your judgment:
GARNISHMENT OF WAGES OR BANK ACCOUNTS
Obtain a GARNISHMENT form from the clerk or a legal stationery store.
Fill in the blanks, and take the original and the required number of copies to the clerk and then to the sheriff of the county where the losing party works or banks.
Ask the sheriff to serve the GARNISHMENT form upon the losing party's employer or bank. Give the sheriff the address of the employer or the bank.
If the garnishment is against a bank account, the losing party must also be served with a copy of the garnishment. Various procedures for the claiming of exemptions by the losing party and for the paying out of the funds by the bank are triggered by the service of the garnishment upon the losing party.
JUDGMENT LIEN AGAINST REAL ESTATE:
Ask the clerk for a TRANSCRIPT OF JUDGMENT. (A fee will be charged for this document.)
Take the TRANSCRIPT to the clerk and recorder of the county where the losing party owns real estate.
Ask the clerk and recorder to record the TRANSCRIPT. (A fee will be charged for recording )
Notify the losing party that you have filed a lien against the party's real estate: Advise the losing party that the real estate cannot be sold or mortgaged until the judgment is paid in full and a release of the judgment lien has been obtained.
EXECUTION:
WARNING: Execution can be complicated. Generally, homes, appliances, jewelry, and cars are exempt from being taken for judgment. A judgment cannot be enforced against exempt property.
Ask the clerk for a WRIT OF EXECUTION. (A fee will be charged for this document .)
You can seize both real estate and personal property through EXECUTION. It requires a bond for double the value of the goods for personal property and knowledge of any existing liens against the personal property or real estate.
Take the WRIT OF EXECUTION to the sheriff of the county where the real estate or personal property is located.
Ask the sheriff to record a CERTIFICATE OF LEVY on the defendant's real estate. (A fee will be charged for this. You will have to obtain this form from a legal stationery store.) You must give the sheriff the formal legal description of the real estate.
Ask the sheriff to serve a NOTICE OF LEVY upon the defendant.
The next step is for the sheriff to sell the real estate or personal property. It is highly recommended that you consult an attorney at this point because of the problems of ownership, prior existing liens, redemption rights, homestead exemptions, and sheriff's costs.
CAN YOU APPEAL A CASE IF YOU LOSE?
If both the plaintiff and defendant agree that they will be bound by the decision of the judge or referee, no record of the trial will be made, no appeal will be available, and the judge or referee's decision will be binding. If they do not make that agreement, then either party may appeal, using the record of the trial. No new trial will be held. If you decide to appeal, you must file your appeal within 15 days. The appeal will be decided in the district court of the same county. At the district court level, you can be represented by an attorney.
You may prefer to have an attorney if you decide to appeal because of the technicalities involved in preparing the appeal, perfecting it, and presenting it.
The party filing an appeal must be prepared to file a bond to secure payment of the judgment costs.
QUESTIONS
If you have any questions about the use or operation of the small claims court, please direct them first to the clerk of the county court (small claims division) of the county in which you are filing your case. If you need additional information, ask the court clerk for the name and telephone number of the district administrator responsible for that court and direct your questions to that administrator. You may also call the Office of the State Court Administrator in Denver for assistance at 837-3624 or 837-3651. We thank you in advance for following this procedure, and hope this information is helpful to you.
Edwin T. Zimny, Jr.
Director of Court Services
State Court Administrator's Office
1301 Pennsylvania Street,
Suite300
Denver, CO 80203
