Legal advice/ help regarding a NorCal business
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Legal advice/ help regarding a NorCal business
Hey Bay Area, I haven't posted here in a long time as I've moved away last year. I did attend a few Friday night meets and everyone has always been very kind to new members. The problem I'm facing now is that there is an automotive business in the bay area that owes me a large sum of money. I have a written document dated and signed by the owner of the establishment from last year, but of course I have not been reimbursed and they do not respond back to my attempts to resolve the situation. The amount of the sum accumulates up towards $10,000. I know this is not the first time I have read negative things about this business on this board and I have no problems with disclosing specifics, but I still do respect all businesses and will attempt to be the better person and not throw their name around carelessly. I have never been in this kind of situation and do not know what options I have at my disposal. I'm more than willing to settle with a lawyer to help me resolve this issue even if they take a percentage of what I am due. At this point, recovering any loses are better than none in my opinion.
If anyone has any advice or a referral to someone who can help I would appreciate it very much.
- Mike
If anyone has any advice or a referral to someone who can help I would appreciate it very much.
- Mike
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I'm certainly no lawyer, but with personal experience in small claims court, you actually don't need an attorney there and actually "attorneys are generally not allowed" (according to the government's website) and you "can NOT have a lawyer represent you" (according to another government information link). At the time that you "serve" the defendant, they will know you mean business, and often will settle before the court date, or even immediately prior to the court date time (in the waiting room, which the judge or substitute will mention immediately before going through the cases). I recommend you build a small claims court case and serve the company/defendant ASAP, because its a long process, and likely you will have to wait a matter of months until your actual court date.
Another cheaper action to going to court is to hire a mediator, could be a quicker and less costly option. Some mediators will give you a zero cost consultation.
Straight from the government website it says:
EDIT:
Seems that the limits confirmed at $10,000 in Cali:
http://www.courts.ca.gov/1062.htm
Another cheaper action to going to court is to hire a mediator, could be a quicker and less costly option. Some mediators will give you a zero cost consultation.
Straight from the government website it says:
In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $7,500.
Seems that the limits confirmed at $10,000 in Cali:
http://www.courts.ca.gov/1062.htm
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[quote name='TougeHorseman' timestamp='1388727282' post='22947724']
Thanks Touge for the detailed feedback. My biggest disadvantage now is that I am out of state, or else I would be in that guy's business everyday reminding him.
I will look into what a mediator consists of and the extent of their capabilities in this matter.
Thanks Touge for the detailed feedback. My biggest disadvantage now is that I am out of state, or else I would be in that guy's business everyday reminding him.
I will look into what a mediator consists of and the extent of their capabilities in this matter.
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