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msknowledge1 · May 6, 2007, 09:44 PM

:mad: I am going to have to sue this person in order to get my money back.:mad:

The amount of money is to big for small claims court and to little for circuit court, so what court do I go to?:confused:

I need to know what forms do I need and the form Numbers.:confused:

brandy681 · May 6, 2007, 10:54 PM

If it is too big for small claims court than you will be looking into spending a lot of $$$ to get your money back. You will probably need to get a lawyer as well! You can file a lower amoun owed at small cliams court because it is the easiest thing to do. For instance if it is 5,000 you are owed just go to claims and sue for 3,000 you will be losing money but it is what a lot of people have to do to get money back. Did you file a report with your police department for fraud? I think or some things you can have a persons license suspended for certain things but it depends.

Also small claims court or anywhere is risky because if a person doesn't pay you after you are given a judgement you will be out of money and the courts want help you. I was given a judgment many times and then I have to go and higher a credit beaurea to get my money back and a little money at a time and credit beaureas don't charge up front but charge 50% of what you get back! They can have wages garnished, etc but is only worth it if the person that ripped you off has money. I am still owed money that I will probably never get back!! Also got to sqare trade because they will help you get your money back for free and file a report with the Better Business Beaureau. Hope this helps!

brandy681 · May 6, 2007, 10:59 PM

If it is too big for small claims court than you will be looking into spending a lot of $$$ to get your money back. You will probably need to get a lawyer as well! You can file a lower amoun owed at small cliams court because it is the easiest thing to do. For instance if it is 5,000 you are owed just go to claims and sue for 3,000 you will be losing money but it is what a lot of people have to do to get money back. Did you file a report with your police department for fraud? I think or some things you can have a persons license suspended for certain things but it depends.

Also small claims court or anywhere is risky because if a person doesn't pay you after you are given a judgement you will be out of money and the courts want help you. I was given a judgment many times and then I have to go and higher a credit beaurea to get my money back and a little money at a time and credit beaureas don't charge up front but charge 50% of what you get back! They can have wages garnished, etc but is only worth it if the person that ripped you off has money. I am still owed money that I will probably never get back!! Also got to sqare trade because they will help you get your money back for free and file a report with the Better Business Beaureau. Hope this helps!

excon · May 7, 2007, 05:18 AM

Hello ms:

Brandy DID tell you which court to use. The clerk will help you with the forms (there's only two). And, I agree with her.

Ok, let me have that red splotch.

excon

excon · May 7, 2007, 07:05 AM

Hello again, ms:

So, what is your question?? There are only TWO courts. If you know small claims court is not for you, there's only one court left.

Or, maybe you're just here to start my week off badly.

excon

RubyPitbull · May 8, 2007, 06:56 AM

Originally Posted by msknowledge1

:mad: I am going to have to sue this person in order to get my money back.:mad:

The amount of money is to big for small claims court and to little for circuit court, so what court do I go to?:confused:

I need to know what forms do I need and the form Numbers.:confused:

msknowledge1, I can see that you are frustrated. But there are some basic questions that need to be answered before you are given a direct response.

Each state has different "cap" amounts in small claims courts. Some are $3000, some are $5,000. Some are other amounts. So, without knowing the state you are residing in, it is impossible to advise you as to which court to use and exactly what forms you need.

If someone owes you $10,000 and your small claims court only allows claims up to $5,000, then you need to file your suit in Circuit court. If you are comfortable that you have enough evidence to prove your case, then you don't need to hire a lawyer and spend additional monies. But, be aware of the fact that this other person may very well hire a lawyer to defend him/her. So, you will be going head to head with an experienced lawyer. It is a very real possibility that you will lose your case in doing this. What brandy and excon were suggesting is that if you are owed $5,000 and your small claims court only allows you to file claims up to $3,000, you might be better off cutting your losses and doing this, rather than be faced with the possibility of spending more than $2,000 on attorneys fees. You have to look at the situation from all angles before making a final decision. It is not so cut and dry.

So, let's start with the basics. What state are you in? How much money does this person owe you? You seem to know what the cap is in your small claims court, will you share that with us so that we can minimize the research that needs to be done? Then, let's talk about what your evidence is, and what your options are.