Hi Mr. Glew,
I am landscaping my yard and my gardener burned me and didn't do the work after I paid him $3,000. I think this is the type of lawsuit you file in small claims court. Is that correct? If so, how does a lawsuit in small claims court work, and how likely will I get my money back?
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You are correct: this is the type of case that is best suited in small
claims court. I'm assuming this occurred recently, but if not, you have
four years to sue for breach of a written contract, and two years for
breach of an oral contract. The first step is going to the clerk of the
court, or online, and filling out and filing the appropriate
documents. There is a filing fee, which varies from county to county,
but is generally around $80.
The next step is going to court, where
you will have the option of having your case heard by a mediator,
avoiding trial, or by a judge or court-appointed official, for trial. Remember, in California you cannot be represented by counsel in small
claims court, so you will be on your own.
At trial, the plaintiff, or
the person bringing the suit, carries the burden of proof. Both sides
will be able to submit documentary evidence and call witnesses, so long
as the witnesses have been subpoenaed in advance of the trial. Further,
both sides will be able to argue their case to the court before the
court makes a final ruling.
The ruling of the court can be appealed
by a defendant, but this rarely occurs. Most likely, the biggest hurdle
you will face will be collecting, should the court rule in your favor. If there is a judgment and the responsible party does not pay, there
are various remedies, including wage garnishments, available to aid in
collection.
The question you must ask yourself is, after you add up the
filing and subpoena costs, as well as the value of your own time in
seeing this suit through, does filing suit really make sense? Sometimes
it's better to take a loss and move on than to chase bad money with
more bad money.
Send all questions to
gl********@ya***.com
. And remember, Better Call Glew!
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Award-winning investigative journalist Nick Schou is Editor of OC Weekly. He is the author of Kill the Messenger: How the CIA’s Crack Cocaine Controversy Destroyed Journalist Gary Webb (Nation Books 2006), which provided the basis for the 2014 Focus Features release starring Jeremy Renner and the L.A. Times-bestseller Orange Sunshine: The Brotherhood of Eternal Love’s Quest to bring Peace, Love and Acid to the World, (Thomas Dunne 2009). He is also the author of The Weed Runners (2013) and Spooked: How the CIA Manipulates the Media and Hoodwinks Hollywood (2016).