Skip Tracing for Small Claims
Are you owed money? Is the person or party responsible for this debt making themselves impossible to contact or even locate? If you answered yes to both of these questions, then skip tracing services could be right for you. Here at Ace Small Claims, skip tracing is one of the many services we offer for individuals and businesses trying to collect money that rightfully belongs to them. Read on to learn more about skip tracing for small claims:
What is skip tracing? Skip tracing refers to the process of tracking down and contacting a person who is deliberately making themselves difficult to find. The term originates from the phrase ´to skip town,´ as this is precisely the strategy that many unscrupulous debtors use in an attempt to avoid making payments.
What strategies do skip tracers rely on? Skip tracers are experts in tracking down public records and making accurate extrapolations from that data. Should this prove unsuccessful, skip tracers may locate and then interview acquaintances of the person in question, in a process known as social engineering.
Is skip tracing permitted in my legal district? Skip tracing is legal across the US — however, specifical state and local regulations may dictate which methods may and may not be used. This is why hiring a profession is usually wiser than attempting to trace a skip on your own.
Why are skip tracers hired? In most cases, money is involved. Perhaps you have a small claims case against your skip and they are avoiding making a court appearance. (If they are smart, they will avoid service of process altogether, thus minimizing their liability in the case!) In other circumstances, people skip town after losing a small claims case in order to avoid making payments.
Want to learn more about skip tracing and other important small claims issues? Visit Ace Small Claims online today!
5 Tips for Success as a Plaintiff in Small Claims Court
Improve your odds of success in virtually any Small Claims Court case!
Small claims court — a process with no lawyers, juries, or complex legal standards — is designed for simplicity. Nonetheless, it can be quite stressful for plaintiffs who are anxious to be paid money that they are rightfully owed. Below, you will find five highly effective tips that should help to simplify the process:
1. Show the Defendant You Mean Business. Filing a small claims case allows you to avoid many expenses associated with civil court — but bypassing the hassle and cost of court all together is clearly a superior option. Many times, communicating with your client clearly and firmly is enough to pressure them into making the payment that they owe you. Sending a well-written demand letter is an excellent way of achieving this.
2. Know the Monetary Limits for Small Claims. If taking the case to court is unavoidable, then understanding the rules of small claims is crucial. These guidelines can help you determine whether your case does indeed belong in small claims court and not a superior court.
3. Take Company Record Keeping Seriously. The most common counterargument that defendants utilize to justify the fact that they are not paying up? They claim that your services were not rendered as agreed upon beforehand. Meticulous company record keeping (and a photographic record of your finished work, when possible) is the best defense against such attacks.
4. Identify Potential Witnesses. Anyone who may be able to testify on your behalf should be issued a subpoena in order to ensure that they appear in court. Remember that witnesses must be relevant to the case in question — your brother coming in to say that you are an honest person won’t help much, but a former employee who helped you renovate the defendant’s kitchen probably will.
5. Practice Proper Courtroom Etiquette. Keep a general air of seriousness, dress well, speak formally, don’t interrupt anyone, refer to relevant parties with their last name, and refer to the judge as “your Honor.”
For more practical small claims advice, visit Ace Small Claims online today!
Filing a Counterclaim in a Small Claims Court
How to do it right and get what you deserve.
If someone tries to sue you in a small claims court, it is crucial that you evaluate if you ought to file a counterclaim against them. What you sue for in your counterclaim can offset the original amount the plaintiff is suing you for. A counterclaim can relate to the same dilemma of the case or a separate matter. However, if you are suing for a different matter you do not have to file a counterclaim.
Filing a counterclaim can be important in a case, especially when your argument relates to the same matter that the plaintiff is suing you for. If you don’t file a counterclaim in this situation you could lose your right to sue the plaintiff about that matter in the future. Your counterclaim must be below $10,000. Everything above that will be given up. The judge can give you the amount you ask for or less. You cannot get more than what you ask for.
Ordinarily, you must file the counterclaim about 21 days after you receive your summons to court. This time frame can change depending on your location. If you don’t have enough time to file the complaint before the period ends, you may file a motion with the court and ask for some extra time. You can obtain a counterclaim form from your state’s standardized counterclaim form. There will be a fee for the form, but the price will vary depending on the court. After carefully filling out your counterclaim give your form to the clerk of courts.
If you feel that you need to file a counterclaim, do it. Make sure you fill it out correctly and include as many specific details and facts as you can. As mentioned previously, it is imperative that you turn the form into the correct location and within the time frame given to you.
For help with any matter related to small claims, Ace Small Claims is here to help. Take a look at our website to see what we can do for you.
How Small Claims Court Judgments Affect Your Credit
Some of the things that are included in your credit report are small claims court judgments against you. Information on civil judgments can be collected by credit bureaus and may have significant negative effects on your credit report. The judgments may remain in your credit report for up to seven years after the judgment and not the date of the debt.
Public Information
Courts are not generally required to report small claims judgments to credit bureaus. However, civil judgments are considered public documents that can be accessed by individuals or organizations. Credit bureaus usually assemble data on small claims on their own. Unfortunately, debtors must update their records to prove that their debts were paid. Although a paid judgment still has negative effects on your credit report, it is much better than an unpaid one.
Credit Report Damage
Small claims judgments have multiple negative effects on credit reports. Civil judgments can have some of the worst negative effects on your credit file. In addition, the effects of a civil judgment can be more damaging if the lawsuit and judgment was the result of a delinquent credit account. If the debtor does not appear at trial date, the court would enter a default judgment on the debtor’s records. Default judgments have the worst negative effects on your credit because they give the impression that you did not even bother to attend a trial.
Statute of Limitations
Statutes of limitations play important roles in small claims actions, or even the avoidance of such claims. Unfortunately, statutes of limitations can be quite long ranging from 12 to 20 years. In some cases, the SOL can even be renewed restarting the clock all over again. It is important to research the statute of limitations for your state, especially when sued for an old debt. If your suit is initiated after the expiry date, you can inform the court and have the case dismissed.
5 Steps to Take Before Moving Out of an Apartment
5 Steps to Take Before Moving Out of An Apartment
Getting your rental deposit back upon leaving an apartment is not guaranteed — a fact that many first-time renters overlook. Though moving is a stressful process that can easily lead to forgetfulness, it is important to complete the following five steps in order to ensure that you do receive a full refund of your initial deposit.
- Deep Clean. Kitchen appliances and windows are the most important home fixtures to clean when leaving an apartment, as they are the easiest items to notice. That being said, you should also dedicate adequate time and money to deep-cleaning your carpets, bathrooms, and bedrooms if you hope to avoid financial consequences.
- Touch up the Paint Job. From nailing up small photos to repainting entire rooms, most renters cause “damage” to the original paint job at some point during their stay. This is why spackling, spot-painting, and/or returning the apartment to a standard “renters white” are all important components of move-out preparation.
- Gather All Your Things. You might think that leaving behind a few half-empty bottles of cleaning chemicals is as convenient for the new tenant as it is for you — but your landlord is unlikely to agree. Emptying your apartment entirely (even if it means throwing out a few potentially usable items), is smarter than risking fines for an incomplete move out.
- Find Every Last Copy of Your Keys. Failure to turn in all key copies could force your landlord to change the lock and key set. (Surprise, you will be the one footing the bill!)
- Document Everything and Know How the Law Protects You. Unfortunately, some landlords attempt to keep deposits unjustly — and this is why knowing your rights, documenting your move out process, and keeping the contact information of a good small claims firm on hand are all smart decisions. Visit Ace Small Claims online today for more info.
What to Do If Someone Owes You Money
If you or your business has made small loans, you expect those people to pay the loan back in a reasonable amount of time. Unfortunately, it doesn’t always happen. Then, you have to figure out how to get your money so you’re not just giving it away. Here’s what to do when someone owes you money.
1. Call the Debtor
Before you do anything else, contact the person about his or her debts. If you’ve sent invoices and reminders, then pick up the phone and ask about what’s going on before jumping to conclusions. Once you figure out the situation, decide the best course of action.
2. Offer a Debt Repayment Plan
Hopefully, this person wants to pay you back as quickly as possible, but maybe is having a bit of trouble coming up with the money. Working with them to come up with a repayment plan can help ensure you get your money back and they don’t go into more debt trying to repay you. If you already had a plan in place, working to restructure it without involving lawyers can be helpful for both parties.
3. Send a Letter
If this person still isn’t repaying their debts, it’s time to start getting serious about demanding the money. Send a letter with facts about the loan, payment agreements and dates. Outline your expectations about when the money will be repaid. If necessary, hire a lawyer or process server to write and deliver the collection letter.
4. Collect the Debt
Unfortunately, you may need to take some drastic measures if you aren’t getting your money. Handing the debt over to a collection agency, going to small claims court, or even to civil court if it’s a large sum of money. Many times, just being contacted by a debt collector is enough to scare someone into making their payments. If you do have to go to court, try to also recoup your court costs.
Tips On The Minimum Amount For Small Claims Court
When it comes to small claims court, there is one question that is often asked by people. Many want to know what is the minimum amount of money you can sue someone for. Others also want to know whether or not it is often worth it. Small claims courts dollar limits vary from state to state. For the most part, there is no minimum you can sue someone for. The limit for the 50 states is usually up to 10,000. Only a few states allow for more than that. Still, the limit on those states only goes up as high as $15,000.
As far as the minimum amount you can actually sue someone for, there is no limit. Legally, you can sue someone for any amount in court. The only criteria which has to be met, is that there is a valid cause of action. This refers to issues such as an unpaid debt. If you lent someone $150, and they never paid you back, you can legally sue them and take them to small claims court. The problem is not always the minimum amount though. Instead, it is whether or not it will be worth suing someone for it. In most cases, there is generally a $25 to $35 filing fee, depending on the state and court. In addition, there is also the time it will take to go to court, file the documents and so on. And, winning your case is not always guaranteed. That raises the question of whether or not it’s worth it in some situations.
As with every case, each one is different. The same goes for people and situations. No matter which one you may fall under, there is the option that you have before you. Each person has a legal right to sue and file their small claims court case. That is your right, regardless of the amount or situation. Whether you choose to file a small claims court case or not, you can do so if you wish. Ultimately, that is the best part about being able to go to small claims court.
Mistakes to Avoid When Going to Small Claims Court
Small claims court is a great option if someone owes you a smaller sum of money and you don’t want to deal with a full blown trial. However, there are a few things to know about small claims court. Here are mistakes to avoid.
Not Checking State Rules
Each state has different rules when it comes to small claims courts. Some allow lawyers, while others allow legal counsel, but not representation. They also all have different limits for how much money can be claimed.
Rushing to Court
Because most claims in small claims court are for small amounts of money and are between parties who know each other. A lot of time and effort can be saved by talking it out in person before going to small claims court. An out of court mediation is another great option, and is required by some states before proceeding to claims court.
Not Preparing
Just because it’s a small claims court doesn’t mean it’s not a legitimate court. You need to prepare your case in advance. Gather all the information and proof you need well in advance and share it with your lawyers. Know what you’re claiming and what arguments you’re going to make. Practice your presentation a few times, preferably with the help of a lawyer.
Not Seeking Legal Help
While some states don’t allow lawyers to present your case in small claims courts, almost all of them at least allow legal counsel. If you are going to court, seek professional help from a lawyer who can help you organize and prepare your case. They’ll know the laws and the best things to say and present. They will also be able to identify the strong and weak points in your case and help you adjust accordingly.
Tips to Win in Small Claims Court
Small claims and discrepancies can be very damaging to any small business. These small businesses are usually reliant on their strict budgets and any dispute in payment can be detrimental to the overall operation. There is good reason to take your dispute to a small claims court where you can fight for what you are owed. Despite being for “small” disputes, these courts are one of the busiest places in the justice system. There are many cases everyday and only so much time allotted for every individual case. You do not want to present your case in a disorganized or surprised manner. Here are some tips for success in a small claims court.
- Be realistic. Typically, small claims courts are about monetary disputes that total less than $10,000. There is almost no chance that you will be awarded greater than that amount. When evaluating if your case is meant for a small claims court, consider what you are seeking. Courts will not waste their time on a case that is not appropriate for them.
- Plan out the end result. Consider what you will do if you win your case. Will the other party pay? Do they even have enough to pay? There is no point in winning a case if you will not be able to collect the money.
- Prepare carefully. These small courts take their processes very seriously. Time is limited for them. As a result, incorrect paperwork could put your case at a disadvantage. Some courts may not even hear your case until all paperwork is correctly completed and filed. In addition, make sure you are punctual to your court appearance.
- Thick skin and persistence. Court cases will take time. It might seem like your efforts are not worth it. However, keep in mind that the legal system is set up to resolve disputes fairly. If your intuition is correct, then you have no reason to give up on a pending case.
At Ace Small Claims, we will assist you in navigating through small claims court. Please do not hesitate to contact us or to visit our website for any questions or concerns.