

Home List Rules User Help Fun Stuff Court FAQ Subscribe Websites Links ONElist Updates		Comments for the Small Claims FAQ The following comments are from the list discussions of small claims court in 1999 and 2000. My amount was too large for small claims court; I'm told it would have to spill over into circuit court, with the usual "which state?" question (which also makes it unattractive to local collection agencies). I guess, under Lessons I Have Learned, one is that people who work on a sole-proprietor scale should probably keep invoice amounts within the realm of small claims, just in case a nonpayment situation should arise later. So in future I'm sticking to the incremental invoices. To deal with the jurisdiction problem, I include the following clause in all of my contracts. "This agreement shall be interpreted according to the laws of the Commonwealth of Pennsylvania. Writer and Publisher consent and agree that exclusive jurisdiction and venue of any actions arising out of this agreement or relating to the breach or enforcement thereof, shall lie in the Court of Common Pleas of Lehigh County." FYI, the court location is in my area. There are a few items I would like to add to it, based on my experiences in the small claims courts in New York and discussions via email and at meetings with other freelancers. Small claims courts can be used only if both parties are in the same state. You cannot sue an out-of-state client in small claims court. In the City of New York, the procedures are even more restrictive. The small claims courts here can only be used to sue parties also located in the five boroughs of the City of New York. I do not know what you should do if you are in the City of New York and want to sue a client in New York state, but outside of the city. Before filing, if you have any questions regarding procedures, ask the court clerks, either face-to-face or over the telephone. Answering questions from folks not used to dealing with courts is part of their job. I have found them to be knowledgeable and friendly. Small claims courts are generally very informal and most people who come before them are not lawyers. Usually (not always) they are not bound by legal precedents and do not set precedents. Usually no formal transcript is made and cases are not appealable. In New York City and some other counties in New York state either party can request that a case be heard "by the court" (a judge) rather than by an arbitrator. When the case is heard by an actual judge, a transcript is made and the case can be appealed. The arbitrators are volunteers. They are donating their time. Small claims courts exist to deal with cases involving small amounts of money. This reduces the expense of hearing such cases to all parties, including the state. The judges and arbitrators can be very open-minded about what their jurisdiction is. If copyright is among the issues in question, don't be afraid to raise it. It is not likely that a judge will tell you to take your dispute over, say, $500, to the federal court system. Every state has different rules, different limits and different procedures. Anything you read or hear may not apply in your state. I'm not a lawyer and I'm no expert in this area. I just have a bit of experience. FAQ author's response Actually, the parties in the FAQ were from different states, so this ["you cannot sue an out-of-state client in small claims court"] is not true in all states. The opposing side had a powerful attorney and I had just me. I did not know that I could bring a lawyer. When my case was called I just told the judge that I am not an attorney and asked for the court's patience. I presented my evidence and even cross examined their witnesses. I did win my case and they had to pay and cover my court costs. I believe that you may retain an attorney if you wish, but it is not necessary. It is just like "The People's Court." The judge will want to hear the pertinent facts and see supporting documentation. Bring all of the evidence that you have, no matter what it is. You are also allowed to call witnesses (which I wish I had known beforehand). You can even subpoena witnesses, but you will have to pay the fee to have it served. If it is merely your word against theirs, have the contract handy with notations of things you would like to point out to the judge. Also be sure to bring a copy of the completed work, as well as the published version if you have it. Most importantly, have a calm, positive attitude. Judges absolutely cannot stand rudeness or disrespect for the court. If the defendants are act angry or put out to have to be there, it will work to your advantage. Most judges are quite fair, and if you can prove that you did the work as agreed, she will most likely rule in your favor. There are students, retirees, and other assorted people with nothing better to do who hang out at the courthouses all day and just hop among the rooms, watching the proceedings. You can go, sit in the back, and just observe whenever you'd like a preview. As part of a college course, I sat in on small claims one day with some friends. At one pause between cases the judge—who'd noticed us lurking about—chatted with us about the day and answered any questions we had. It was all rather laid back. If you're awarded damages, it is not a given that you'll be able to collect. If you're sure your client has resources, by all means look into a lien or garnishment of wages. Be careful at this juncture; I was warned that I could be held liable if I made the wrong choice or filed the wrong paperwork. Find out when is the best time to request a lien or garnishment. It may be when you file, or it may be at the trial itself. You may have the option of entering into an agreement with the defendant as to a repayment schedule. Remember that enforcement of any agreement is NOT the court's responsibility. (This is where I got burned.) Another option, at the closing of the trial, is to ask for "execution." That means the judge authorizes the Sheriff's Office to go into the defendant's place of business (or home) and remove as many items as is appropriate to cover the debt. The items are then sold at auction. After the Sheriff's Office deducts its expenses for the retrieval and auction, you get the remainder up to the amount owed. If there is excess, it goes to the county. If there is not, at least you got some of your debt repaid. After execution, even if there is a balance due, the debt is considered paid. My only complaint is that I wasn't informed about "execution" until after the trial. I'd have preferred being told—preferably by the judge—that it was available to me, but that may have been considered research I should have done on my own. By the time I learned of it, it was too late to request it. My perp had no property or employment at that time. After a year or so, I got tired of chasing him. The debt remains unpaid. Write a letter to the credit reporting agencies, providing them with copies of any official documents. If the documentation is sufficient (and verifiable), then I believe they will list it on the record. Thus, this is where getting a judgment against them in Small Claims Court would pay off. I have known of few people who were able to collect money owed them after obtaining a judgment in Small Claims Court, myself included. However, if you have reported the info to the credit agencies, send copies of that correspondence, along with a copy of the judgment order to pay, to your client. State that you will either remove the listing with the credit agencies, or have those agencies indicate that the debt was paid—you might have more leverage with the client. Everyone checks credit reports these days, occasionally even potential clients.

Comments for the Small Claims FAQ

The following comments are from the list discussions of small claims court in 1999 and 2000.

My amount was too large for small claims court; I'm told it would have to spill over into circuit court, with the usual "which state?" question (which also makes it unattractive to local collection agencies).

I guess, under Lessons I Have Learned, one is that people who work on a sole-proprietor scale should probably keep invoice amounts within the realm of small claims, just in case a nonpayment situation should arise later. So in future I'm sticking to the incremental invoices.

To deal with the jurisdiction problem, I include the following clause in all of my contracts.

"This agreement shall be interpreted according to the laws of the Commonwealth of Pennsylvania. Writer and Publisher consent and agree that exclusive jurisdiction and venue of any actions arising out of this agreement or relating to the breach or enforcement thereof, shall lie in the Court of Common Pleas of Lehigh County."

FYI, the court location is in my area.

There are a few items I would like to add to it, based on my experiences in the small claims courts in New York and discussions via email and at meetings with other freelancers.

Small claims courts can be used only if both parties are in the same state. You cannot sue an out-of-state client in small claims court. In the City of New York, the procedures are even more restrictive. The small claims courts here can only be used to sue parties also located in the five boroughs of the City of New York. I do not know what you should do if you are in the City of New York and want to sue a client in New York state, but outside of the city.
Before filing, if you have any questions regarding procedures, ask the court clerks, either face-to-face or over the telephone. Answering questions from folks not used to dealing with courts is part of their job. I have found them to be knowledgeable and friendly.
Small claims courts are generally very informal and most people who come before them are not lawyers. Usually (not always) they are not bound by legal precedents and do not set precedents. Usually no formal transcript is made and cases are not appealable. In New York City and some other counties in New York state either party can request that a case be heard "by the court" (a judge) rather than by an arbitrator. When the case is heard by an actual judge, a transcript is made and the case can be appealed. The arbitrators are volunteers. They are donating their time.
Small claims courts exist to deal with cases involving small amounts of money. This reduces the expense of hearing such cases to all parties, including the state. The judges and arbitrators can be very open-minded about what their jurisdiction is. If copyright is among the issues in question, don't be afraid to raise it. It is not likely that a judge will tell you to take your dispute over, say, $500, to the federal court system.
Every state has different rules, different limits and different procedures. Anything you read or hear may not apply in your state.

I'm not a lawyer and I'm no expert in this area. I just have a bit of experience.

FAQ author's response

Actually, the parties in the FAQ were from different states, so this ["you cannot sue an out-of-state client in small claims court"] is not true in all states.

The opposing side had a powerful attorney and I had just me. I did not know that I could bring a lawyer. When my case was called I just told the judge that I am not an attorney and asked for the court's patience. I presented my evidence and even cross examined their witnesses.

I did win my case and they had to pay and cover my court costs. I believe that you may retain an attorney if you wish, but it is not necessary.

It is just like "The People's Court." The judge will want to hear the pertinent facts and see supporting documentation. Bring all of the evidence that you have, no matter what it is. You are also allowed to call witnesses (which I wish I had known beforehand). You can even subpoena witnesses, but you will have to pay the fee to have it served. If it is merely your word against theirs, have the contract handy with notations of things you would like to point out to the judge. Also be sure to bring a copy of the completed work, as well as the published version if you have it.

Most importantly, have a calm, positive attitude. Judges absolutely cannot stand rudeness or disrespect for the court. If the defendants are act angry or put out to have to be there, it will work to your advantage.

Most judges are quite fair, and if you can prove that you did the work as agreed, she will most likely rule in your favor.

There are students, retirees, and other assorted people with nothing better to do who hang out at the courthouses all day and just hop among the rooms, watching the proceedings. You can go, sit in the back, and just observe whenever you'd like a preview.

As part of a college course, I sat in on small claims one day with some friends. At one pause between cases the judge—who'd noticed us lurking about—chatted with us about the day and answered any questions we had. It was all rather laid back.

If you're awarded damages, it is not a given that you'll be able to collect. If you're sure your client has resources, by all means look into a lien or garnishment of wages. Be careful at this juncture; I was warned that I could be held liable if I made the wrong choice or filed the wrong paperwork. Find out when is the best time to request a lien or garnishment. It may be when you file, or it may be at the trial itself.

You may have the option of entering into an agreement with the defendant as to a repayment schedule. Remember that enforcement of any agreement is NOT the court's responsibility. (This is where I got burned.)

Another option, at the closing of the trial, is to ask for "execution." That means the judge authorizes the Sheriff's Office to go into the defendant's place of business (or home) and remove as many items as is appropriate to cover the debt. The items are then sold at auction. After the Sheriff's Office deducts its expenses for the retrieval and auction, you get the remainder up to the amount owed. If there is excess, it goes to the county. If there is not, at least you got some of your debt repaid.

After execution, even if there is a balance due, the debt is considered paid.

My only complaint is that I wasn't informed about "execution" until after the trial. I'd have preferred being told—preferably by the judge—that it was available to me, but that may have been considered research I should have done on my own. By the time I learned of it, it was too late to request it. My perp had no property or employment at that time. After a year or so, I got tired of chasing him. The debt remains unpaid.

Write a letter to the credit reporting agencies, providing them with copies of any official documents. If the documentation is sufficient (and verifiable), then I believe they will list it on the record. Thus, this is where getting a judgment against them in Small Claims Court would pay off. I have known of few people who were able to collect money owed them after obtaining a judgment in Small Claims Court, myself included. However, if you have reported the info to the credit agencies, send copies of that correspondence, along with a copy of the judgment order to pay, to your client. State that you will either remove the listing with the credit agencies, or have those agencies indicate that the debt was paid—you might have more leverage with the client. Everyone checks credit reports these days, occasionally even potential clients.

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