Small claims Court--advice needed

[RightSide]

Around March 24, my pair of top-of-the-line $700 eyeglasses broke.  So on March 28, I sent them away to a repair place, to have them fixed.

Days and weeks passed.  I kept phoning them and phoning them to find out when they would have the glasses repaired and returned to me.  Each time they assured me it would be "real soon now."  On Monday April 11, they emailed me to say they were shipping me the glasses the following day. 

The eyeglasses never arrived.  So I phoned them again today to find out what happened. This time, they admitted they can't even locate the eyeglasses and they have no idea what happened to them.  Evidently instead of shipping the eyeglasses as the email promised me, they just lost the eyeglasses.  Now they won't even return my phone calls anymore.  And my medical insurance won't pay for eyeglasses.

I was thinking of taking the company to Small claims Court for the $700.  But I'm not a lawyer and I've never done this before.  And paying a lawyer may cost more than the $700 claim.

Any advice?  Anyone had a case in Small claims Court that might give me some experiences to draw on?

[Cordelia]

I wish I knew how to help you Righside. I'm in a very similar situation right now myself. As of yesterday, I lost $13,000 of my money to a bank that admitted to a mistake of not telling me I'd have to pay a huge penalty on my previous mortgage. I'd be willing to hear also, how to go about going through a court to get back this money I lost.

I hope you can get this money back, if not, at least, your glasses! Best wishes to you!

[M3Riddler]

Around March 24, my pair of top-of-the-line $700 eyeglasses broke.  So on March 28, I sent them away to a repair place, to have them fixed.

Days and weeks passed.  I kept phoning them and phoning them to find out when they would have the glasses repaired and returned to me.  Each time they assured me it would be "real soon now."  On Monday April 11, they emailed me to say they were shipping me the glasses the following day. 

The eyeglasses never arrived.  So I phoned them again today to find out what happened. This time, they admitted they can't even locate the eyeglasses and they have no idea what happened to them.  Evidently instead of shipping the eyeglasses as the email promised me, they just lost the eyeglasses.  Now they won't even return my phone calls anymore.  And my medical insurance won't pay for eyeglasses.

I was thinking of taking the company to Small claims Court for the $700.  But I'm not a lawyer and I've never done this before.  And paying a lawyer may cost more than the $700 claim.

Any advice?  Anyone had a case in Small claims Court that might give me some experiences to draw on?

RightSide,


I would send them a registered letter ( make them sign for it) and address it to the manager or owner of the company.... I would let them know your plan of action if they do not resolve the situation......

Sometimes just a good letter will do....

Do you have any proof or documentation of them stating what you have said in your post?  Proof is everything.... No proof.....no case.....

[RightSide]

Do you have any proof or documentation of them stating what you have said in your post?  Proof is everything.... No proof.....no case.....

We've been sending plenty of emails back and forth.

On Monday, they sent me an email stating that they were going to ship the glasses to me the following day.  I have that email and all the others they sent me, of course.

I can't prove a negative though.  I can't prove that they haven't returned my phone calls.

[jbeany]

*I'm familiar with Michigan small claims, but most of the rules should be the same in your jurisdiction.

Keep a log of all communication or communication attempts.  You can attach those records to a court claim.  You will have space on the paperwork to explain your side of the story.

In small claims, you can't have a lawyer, actually, so you certainly don't need one.  It's not placed before a jury; the judge's decision is final.

Small claims is only for claims under $3,000.  (Not so good for Cordelia.)  The fees for filing the claim vary based on the amount, but I believe it's less than $150 for the highest amount, so it's not excessive for a $700 claim.  Check with your local court for their fees.

You local small claims court should be able to give you the forms.  You may also be able to find them on your local court's website.  You fill out the form and file at the court and set a hearing date.  You then have to serve the company a specified number of days before the hearing date.  (Your local court rules and most likely the forms you filled out will tell you the number.)  To properly serve a company, you will need to find the registered agent.  Find the state where the company is incorporated. (Google the company website, too.  They may have it hidden in the fine print.)  Go to that state's government website and do a business entity search.  You'll be able to look at the latest filing of incorporation papers, which list the registered agents name and address.  You then serve the company at the registered agent's listed address.  It's best to have this information before you file, so you are prepared to serve the papers right away.  You mail by certified, registered mail. 

They may whine and claim the court you file in has no jurisdiction over them because they are in another state.  Don't let them BS you.  The courts use a minimum business contact standard.  If you found the ad in your jurisdiction, and responded, you've met the standard.

When you get back the proof that you served them, you have to file that with the court as well - that's "proof of service" and you must have it to keep the hearing from getting set aside for a later date.  It doesn't bar the claim, but it does tick the judge off.  If it seems likely that getting back proof of service may take a long time, you can just set a much later than necessary hearing date.  (If at this point, they get smart and contact you and send you the cash, you still have to show at the hearing to get the claim dismissed.)

If they are out of state, and don't have any agent close to you, they may not show up at the hearing.  In that case, you'll be granted a default judgment for the $700 and the court costs and service fees. (Keep the PO receipt when you mail it.)

The judgment isn't the end of it, though.  Then you actually have to get them to cough up the cash.  Step one is usually a demand letter.  You'll have to send them a copy of judgment anyhow, so you might as well toss a demand letter in at the same time.  With luck, they will pay you to make you go away.  If they don't, there are more options, but it depends on your state rules and how much info you can find out about the company.  You have to go back to court once again and get a writ of execution.  With that, you can do everything from placing a lien on property to placing a bank levy, depending on your local rules.

Good luck! 

*Not a lawyer, so I can't give advice.  This is information only!  You have to decide for yourself if it's worth the hassle.  (See what I've learned in my ethics class?  Always include the fine print!)

[Cordelia]

Thanks so much for the info, Jbeany. I wasn't sure what amount was the limit was for small claims. I'm assuming mine must exceed.

I hope you can get your money back, Rightside.  It's so awful to lose out on your glasses and your money. I hope you can win this!

[Rerun]

Jbeany is correct.  The part that made me mad is even though you win the case in small claims the court cannot make them pay.  So you win but then YOU have to go after the money.

Maybe go on Judge Judy ...... 

Best of luck.  Keep calling them everyday. 

       

[RightSide]

To properly serve a company, you will need to find the registered agent.  Find the state where the company is incorporated. (Google the company website, too.  They may have it hidden in the fine print.)  Go to that state's government website and do a business entity search.  You'll be able to look at the latest filing of incorporation papers, which list the registered agents name and address.  You then serve the company at the registered agent's listed address. 

jbeany,

Your reply was very helpful.

However, you should know that I did a search at the New York State government website (that's where the company, FrameFixers, is located)--and guess what, their corporation was dissolved effective June 30, 2004!  Evidently they went back to being a single proprietorship or something.  There is no longer a Registered Agent anymore:

http://tinyurl.com/3hm6lwd

How do I handle THAT?

[jbeany]

They likely have switched the state of incorporation, or changed the name they are incorporated under to throw people off the trail when they are filing complaints.  I've been trying to find that online.  I found another company under the same name in Texas, but the website for the Texas Sec of State is down for the weekend, so I can't see if it's related.  I doubt it though.  The one in Texas has a spotless BBB record.  The one in Syracuse is no longer a member of Better Business Bureau because of 42 complaints.

http://www.bbb.org/upstate-new-york/business-reviews/opticians/framefixers-com-in-syracuse-ny-153422123/

You might be able to get the BBB to help with the search for the registered agent.  You may also want to try sending FF a certified, registered complaint letter to the address listed on the website just to see if gets signed for.  It may also be a good idea to send in the $5 for the copy of the last business entity document that lists the officers and registered agent.  You may be able to google them and find more links.

I found this, too...

http://www.resellerratings.com/store/Frame_Fixers

I'd love to have a little chat with Ms. Andrea and see if they actually filed the complaint.  The company info you need would all be on it.