Have you ever filed a lawsuit?

[abnk]

There two many variables to enter in a poll so I'll let you answer any applicable questions below:

1. Has anyone here filed a lawsuit against another party in small claims court or higher?
2. Did you use a lawyer?
3. Did you wish you had or had not hired a lawyer?
4. Did you win?
5. Was it worth it?
6. What would you do different?
Feel free to add any other relevant facts or opinions.

FYI, I am not suing anyone. Came close to, but the other party made it right enough. Just curious about other INGOers experiences.​

 

[Hkindiana]

Yes, and it was worth it. FYI, you cannot hire a lawyer for small claims court.

 

[PatriotPride]

There two many variables to enter in a poll so I'll let you answer any applicable questions below:​

1. Has anyone here filed a lawsuit against another party in small claims court or higher?
2. Did you use a lawyer?
3. Did you wish you had or had not hired a lawyer?
4. Did you win?
5. Was it worth it?
6. What would you do different?
Feel free to add any other relevant facts or opinions.​

FYI, I am not suing anyone. Came close to, but the other party made it right enough. Just curious about other INGOers experiences.​

1. Yes.
2. Yes.
3. No comment.
4. Most of the time.
5. Yes.
6. No comment.

You may use an attorney for small claims in Indiana, but it's up to you if the costs are worth it and if you are granted costs in the Judgement.

(IANAA, so take this as you will.)

 

[exelh]

I sued the person I bought my house from in small claims, got to question people on the stand, caught the broker in a lie, got to play lawyer, was a blast!

 

[Walter Zoomie]

... you cannot hire a lawyer for small claims court.

Yes, you can, but it would probably cost you more than it is worth.

 

[PatriotPride]

Yes, you can, but it would probably cost you more than it is worth.

This. Considering that in Indiana the maximum amount is $6000, you might be better of filing Pro Se. It's a personal choice.

 

[BE Mike]

My wife did it twice and won twice. One case was really just the principle of the thing. The defendant was an unreasonable, egotistical jerk. It was great to see him get his. If you are in the right, have your ducks in a row, and have the time, I'd say go for it. Collecting might be a problem. Some defendants want to ignore a judgment. This will come back and bite them when they find out that there is a lien on their property that has to be settled before they can dispose of it.

 

[abnk]

As mentioned above, yes, you can hire a lawyer for small claims court. You can hire one before buying ice cream if you choose. By the way, my experience with lawyers has been that they are not as horribly expensive as some people say.

Thanks for sharing your experiences.

 

[acase20]

Yes I have , was hit head on my drunk driver, hired lawyer they took a nice chunk after all bills were paid ..but still had enough to put towards another car, so yea it was worth it

 

[marv]

I have been the plaintiff in small claims a few times. It's a crap shoot. I won every time. Sometimes the other guy paid; sometimes he didn't. Even if you win the other guy can tell you to go pee up a gum stump and there's nothing you can do. Last year I got a 3K judgement. Guy paid $150 and gave the court a cold check for a payment, then skipped. Court won't even look for him. They told me if I can get his address they will serve papers on him by registered mail. WTF!!!

 

[PatriotPride]

I have been the plaintiff in small claims a few times. It's a crap shoot. I won every time. Sometimes the other guy paid; sometimes he didn't. Even if you win the other guy can tell you to go pee up a gum stump and there's nothing you can do. Last year I got a 3K judgement. Guy paid $150 and gave the court a cold check for a payment, then skipped. Court won't even look for him. They told me if I can get his address they will serve papers on him by registered mail. WTF!!!

Freezing a defendant's bank accounts and requesting garnishment of wages tends to get the debt paid

 

[sj kahr k40]

1. Yes
2. Yes
3. Glad I had a lawyer
4. Yes
5. Yes
6.

It took 12 years to settle my suit, which in the long run worked out good because if I had been 22 instead of 34 I would have blown the whole settlement and would have nothing to left

 

[casselmb]

You should definitely get a lawyer. And I'm not just saying that as a law student who wants more job opportunities. (Although that does play a role.) Even if the attorney just acts in an advisory position, they will absolutely help you out. Your chances of getting a settlement before trial will greatly increase if you have counsel.

 

[LPMan59]

i sued my neighbor last September. Her 30 lb dog was not on a leash and attacked my wife's 5 lb Pomeranian. She flat out refused to compensate me for vet bills because "[my] dog escalated it." Her parting words to me after I told her she will pay the bill was "try and make me."

so i sued her fat, hobbit ass in small claims court. it was somewhat embarrassing to sit before a judge over a $200 bill, but I won my case and now I give her the biggest ****-eating grin I can muster whenever she comes out from underneath her bridge.

 

[88GT]

There two many variables to enter in a poll so I'll let you answer any applicable questions below:

1. Has anyone here filed a lawsuit against another party in small claims court or higher? Yes, small claims court
2. Did you use a lawyer? No, and barring the requirement to do so in certain cases, I wouldn't.
3. Did you wish you had or had not hired a lawyer? See, above.
4. Did you win? Yes, every time.
5. Was it worth it? Define worth it. I take satisfaction in knowing I "won." But in only one case have I ever actually received anything, and that required paying someone to chase the defendant down and file the extra paperwork for wage garnishment. Still, something from something is more than nothing of nothing.
6. What would you do different? In my case, nothing. But I can't stress enough how important good record keeping really is.
Feel free to add any other relevant facts or opinions.

FYI, I am not suing anyone. Came close to, but the other party made it right enough. Just curious about other INGOers experiences.​

All of my experiences have been suing for damages against former tenants. I keep meticulous records and always have photos for supporting evidence. Tenants never do (not mine anyway). Non-payment cases are particularly easy because the judge asks "Did you pay?" and the stupid tenants almost always answer in the negative. Well, duh, I at least expected them to lie in their own behalf. Easy enough, gavel bangs, judgment for the plaintiff. "Thank you, Your Honor."

I have been the plaintiff in small claims a few times. It's a crap shoot. I won every time. Sometimes the other guy paid; sometimes he didn't. Even if you win the other guy can tell you to go pee up a gum stump and there's nothing you can do. Last year I got a 3K judgement. Guy paid $150 and gave the court a cold check for a payment, then skipped. Court won't even look for him. They told me if I can get his address they will serve papers on him by registered mail. WTF!!!

Not the court's responsibility to find him. Just serve him. Debt collectors will do that for you if you don't have the time or desire.

You should definitely get a lawyer. And I'm not just saying that as a law student who wants more job opportunities. (Although that does play a role.) Even if the attorney just acts in an advisory position, they will absolutely help you out. Your chances of getting a settlement before trial will greatly increase if you have counsel.

Hardly. It's a C-note just to file the dang papers. I'm not about to plunk down more money out of pocket up front for something I can do myself. Not for a small claims court case, anyway. Most of those hinge on the evidence of supporting documentation anyway. And you either got that or you don't.

 

[rhart]

There two many variables to enter in a poll so I'll let you answer any applicable questions below:​

1. Has anyone here filed a lawsuit against another party in small claims court or higher?
2. Did you use a lawyer?
3. Did you wish you had or had not hired a lawyer?
4. Did you win?
5. Was it worth it?
6. What would you do different?
Feel free to add any other relevant facts or opinions.​

FYI, I am not suing anyone. Came close to, but the other party made it right enough. Just curious about other INGOers experiences.​

1 Yes
2 No
3 No
4 Settled at the 11th hour
5 Yes
6 Nothing

 

[casselmb]

Hardly. It's a C-note just to file the dang papers. I'm not about to plunk down more money out of pocket up front for something I can do myself. Not for a small claims court case, anyway. Most of those hinge on the evidence of supporting documentation anyway. And you either got that or you don't.[/QUOTE]

I agree, it's probably not worth it just for small claims court. Unless you're near the upper statutory limit on relief. But the thread includes "or higher." And if you're not in small claims court, you definitely should get an attorney. Just google "pro se" and you'll see the danger that awaits those who go it alone.

 

[88GT]

I agree, it's probably not worth it just for small claims court. Unless you're near the upper statutory limit on relief. But the thread includes "or higher." And if you're not in small claims court, you definitely should get an attorney. Just google "pro se" and you'll see the danger that awaits those who go it alone.

The dollar amount is less a factor for me than the circumstances of the case. Tenant damages can reach several thousand dollars rather quickly, and even if it's $5,999 in damages I'm seeking, I'm still not gonna worry about a lawyer if I'm in small claims court. Because of procedural differences, I'd consider one in higher courts, but I'm no dummy and that's not a foregone conclusion.

Now, regardless of the dollar amount and regardless of which court hears it, if it's a case with a lot of intricate details, a heavy reliance on nitty-gritty legal issues, and/or it requires witnesses and examination outside the judge asking, "DId you pay?" then, yes, I'll seek the services of a competent attorney to help.

But you didn't qualify your advice, so I had to take issue with it.

 

[casselmb]

The dollar amount is less a factor for me than the circumstances of the case. Tenant damages can reach several thousand dollars rather quickly, and even if it's $5,999 in damages I'm seeking, I'm still not gonna worry about a lawyer if I'm in small claims court. Because of procedural differences, I'd consider one in higher courts, but I'm no dummy and that's not a foregone conclusion.

Now, regardless of the dollar amount and regardless of which court hears it, if it's a case with a lot of intricate details, a heavy reliance on nitty-gritty legal issues, and/or it requires witnesses and examination outside the judge asking, "DId you pay?" then, yes, I'll seek the services of a competent attorney to help.

But you didn't qualify your advice, so I had to take issue with it.

Touche. The procedural issues are really some of the most dangerous parts of a lawsuit. They can sneak up on you, and many are not what you might call "intuitive." IMO, those rules exist just to ensure work for the lawyers who wrote the rules. (Obviously I'm not completely serious, most procedural issues are time restraints which exist to prevent suits from going on even longer than they already do.)

 

[d1wil]

Yes i have,i had no choice.