Small Claims Court

[Username]

Has anyone sued someone through small claims court?

Is it a difficult or costly process? Was it resolved prior to going to court? Is there a minimum amount you have to sue for?

I did a quick google search and found some instructions on how to proceed. It doesn't seem terribly difficult to initiate the action. I am going after someone for a rather small amount (under $200). However, I am pursuing the issue on principle. I'd appreciate any advice or insight that any of you may have.

  Kev

[M Speed]

Filing will be like $150. You can tag on the cost if you win the case along with the claim. If you file a small claim court, it really similar to watch judgejoe brown on tv. Simple process but takes time. Best of luck. Let me know if you need anything.

[oracle]

if you need the money collected, i know people.

[theurgy]

I've done it in Ottawa from my former employer.
Cost me about $80 for the court fees which were charged back in the collection amount.
My former employer had the opportunity to appear and didn't show therefore I won my case.
I still have yet to successfully collect (they have moved their accounts and cut off contact).

[Nitemeister]

*cough i'm with oracle cough*

[hatchattack3]

lol didnt know you were one of those guys

if you need the money collected, i know people.

[oracle]

Has anyone sued someone through small claims court?

Is it a difficult or costly process? Was it resolved prior to going to court? Is there a minimum amount you have to sue for?

I did a quick google search and found some instructions on how to proceed. It doesn't seem terribly difficult to initiate the action. I am going after someone for a rather small amount (under $200). However, I am pursuing the issue on principle. I'd appreciate any advice or insight that any of you may have.

  Kev

I have sued 2 former employers successfully. Both of which owed me between 5-8K in back commision. And lost one worth about 20K, company folded.

Also had a letter compsed from a law office over about $900 from a dog breeder.

The first one I actually went through employment standards and there was no cost. They paid up rather than having to go through the court process. Plus I got a letter of retraction, because they had slandered my name to customers. I was staying in the same industry.

The second one I contacted a lawyer whom sent 1 letter and my money was paid in full.

The dog breeder is prob close to your scenario. I had argued back and forth with this breeder about returning a dog that my wife and i developed allergies to with the first few days of owning her. Not only was it extremely heart breaking for us to give her back but then the verbal agreement about returning the dog before 30 days changed. I had even said we would give her $100 for her trouble, she was a cunt. So I had my lawyer draft a letter citing some sections in the bc good and service laws. My cash was ready that day.

It may be more economical to go the lawyer route first.

[theurgy]

Interesting... either way, I'm still fighting (alongside about 20 former employees) for about $5000 in unpaid wages.
I'm apparently owed the least among my former co-workers.
Still, a recent sale from that company for a division of their business (the project I was directly attached to) went for $12 million.
I still have yet to see a dime.
I am now at a point where I am thinking of filing an garnishee order against the new owners of that division. However since they are in the USA and my court order is from Canada, I don't think they are obligated to honour it.
Either way, I can update on it later.

[Username]

I'm actually going after someone for the cost of an inspection on the GTI. It's a small amount. But this person really rubbed me the wrong way. If you have some time and popcorn, you can follow our conversation. At this point Patrick had test driven the car twice in one day and after driving other GTI's said that my car was in the best condition of any he had driven. He insisted I get the car inspected from a dealership at his cost.

Enjoy!!:

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Kevin Kullar <kkullar@gmail.com>  Tue, Sep 27, 2011 at 11:44 AM  

Hi Patrick,
 
Please find the inspection documents from Cowell attached. The file is a PDF.
 
The two items noted on the inspection:
 
- "Wheel alignment is out slightly" - Judging from line 91 on the second page page of the inspection report, this is a visual check of the alignment.
- "Missing 32,000km service with brake system flush". This is due to Audi performing the inspection and oil change of the vehicle at 30,800km. Cowell has the service history on the vehicle otherwise.
 
I have attached the card of the service advisor I dealt with on the scan. His name is Kam Chan. I have let him know that you might call him regarding the inspection.
 
Just in case the scan does not open for you, you can contact him:
 
Kam Chan
Service Advisor
kam@cowellvw.com
Direct: 604 214 3310
 
Finally, the cost of the inspection is $144.00 + 17.28 = $161.28.
 
So, are we a go? If so, please let me know how you would like to arrange the transaction process.
 
Thanks,
 
  Kev

Attachment: 092711 - GTI INSPECTION - COWELL.pdf 295K  
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PATRICK  Tue, Sep 27, 2011 at 7:07 PM  

To get over there, I have Friday as my regular day off work, I could see if I can switch that for Thurs, making the trip tomorrow is not a chance at this time.
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Kevin Kullar <kkullar@gmail.com>  Tue, Sep 27, 2011 at 7:22 PM

Hi Patrick, I can try and work around whatever you prefer.

I work until 4:30 on Thursday.

On Friday, I have to drop my parents off at the airport around 10:30AM. I can meet some time after that if you wish.

Would you like me to pick you up from the ferry terminal?

  Kev
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PATRICK  Wed, Sep 28, 2011 at 7:02 PM

No need, really, the bus is an express from the ferry to Richmond Brighouse station, you couldn't legally drive there any faster, it bypasses Ladner congestion.  It should get me there about 0930.  
 
I would like to get my daughter to rowing by 2:15 at Elk Lake so the 1pm would be too late for that.  There is a ferry back at 1200 on Fridays, so will need to be finished by 11:20 to make it back.
 
Or we could meet in Tsawwassen but Coast Capital doesn't open until 0930 anywhere and you would likely be late for your parents...
 
How will those fit in with your parents?  Planes don't wait.
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Kevin Kullar <kkullar@gmail.com>  Wed, Sep 28, 2011 at 7:27 PM  

Hi Patrick,

9:30am at coast capital brighouse is fine.

Is coast capital your bank? If so, I would prefer that a draft be made there that morning. If not, please have a draft ready before hand.

I will have to leave at approximately 10:15 to ensure my parents make it to the airport by 10:30. That being said 45 minutes should be sufficient time to complete the transaction.

Please confirm the arrangements. I look forward to seeing you on Friday.

  Kev
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PATRICK  Wed, Sep 28, 2011 at 9:04 PM  

Coast Capital is three blocks away from Skytrain and opens at 0930.  They have ICBC insurance/reg as well.  I'm sure you'll get a certified cheque, if that works for you.  See you there, I'll walk on this side so there's no worry about missing the early boat.
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Kevin Kullar <kkullar@gmail.com>  Wed, Sep 28, 2011 at 10:11 PM  

Hi Patrick,

Certified cheque is fine.

I will see you Friday at coast capital in Richmond center mall on number 3 road at 9:30am.

I will have my cell phone with me so please call if you anticipate being late. 604-764-6622.

Thanks,

  Kev
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PATRICK  Fri, Sep 30, 2011 at 12:21 AM  

Hi Kevin,
 
A snag has emerged.  I ran a Carproof search on your car this evening and it reported everything but the BC Lein Registry - some crap about Motor Vehicle Branch after hours/temporary system glitch - tho all other jurisdictions in Canada and the US did report.  The company said they would send me an email update ASAP.
 
In anticipation of an approval tomorrow I will come over anyways, my son is home from UVic tomorrow and will wait for the response and call me to let me know.  I need to know from them that the car is clear before I proceed with the sale.
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PATRICK Fri, Sep 30, 2011 at 7:14 AM  

Hi Kevin.
 
I am not happy with my actions in regard to this deal.  In spite of the evidence in the inspection that showed a significant oversight of the braking system maintenance that likley will affect the life of the components and incur future costs, I have not acted rationally.  This car is now worth less than you thought it was and still I didn't reduce my offer.  My judgment on this has not been clear.
 
Under thse circumstances, I can't proceed with the purchase.  I will compensate you for the inspection as I said I would. Please le me know your address so I might send the payment.
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Kevin Kullar <kkullar@gmail.com>  Fri, Sep 30, 2011 at 8:09 AM  

Hi Patrick,

That is regrettable hear.

A brake fluid flush is not a significant oversight. And even if it was, wear and tear items such as brake pads and rotors would be affected. In this case, the brake pads and rotors check out fine. Furthermore, I am attaching the Volkswagen maintenance schedule for the GTI which does not indicate a brake fluid flush is required at 32k. Furthermore, this item was not raised as a required maintenance item by Cowell when my vehicle was serviced there at 48k, in spite of them having my vehicle's maintenance history.

You have the payment amount. Approximately $160.xx with taxes.

Kevin Kullar
ADDRESS
Surrey, B.C.
POSTAL CODE

Thanks,

  Kevin

Attachment: maintenance schedule 2007 vw.pdf 940K  
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PATRICK Fri, Sep 30, 2011 at 8:34 AM    

It will be in the mail today.  As I said, it's not just your car, it's me and dealing with the difference between what I think I want and what others need of me.   Good luck with your car.
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Kevin Kullar <kkullar@gmail.com>  Fri, Sep 30, 2011 at 8:44 AM    

Thank you for forwarding the payment. I can't help but say I'm disappointed. I had taken the car off the market due to your commitment to purchase the vehicle. Considering my timeline, losing this past several days will hurt me. My own mistake for not waiting until the money is in my hand.

Realistically, you got cold feet. It happens. I'd appreciate you just cutting through the brake system BS in the future. I had something similar happen to me with another Subaru I was looking at. Something didn't feel right. So be it.

If you change your mind, please feel free to contact me. I think if you look around at the market, you are going to end up with an inferior car and pay significantly more.

In the interim, I will re-list the vehicle and continue to aggressively sell the car.

All the best,

  Kev
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PATRICK  Sat, Oct 1, 2011 at 9:02 AM  

What I do have, paid for and no longer need is the CarProof report.  It cost me $75 I can't recover so it's a sunk cost and yours.  Mind you, the 2 ijcidents and the $13,000 figure for your unfortunate event is staggeringly about half the value of the car new.  Not sure that's will help you.
 
I keep my car s for many years (my main two for twenty each)and maintain them meticulously.  This missed event, according to the Cowell service manager, would likely null the warranty on the brake system and lead to premature failure of the brakes, costing over a thousand to repair likely before I am willing to dospose of the car in 10 years time.
  
Your conviced that all this is trivial and if so, I'm sure the inspection report - which is of no use to me - will be an asset for you in your efforts to sell this car.
 
So what kind of nutbar would pay for an inspection to a guy he doesn't know that told him what the guy didn't do to maintain a car he doesn't want so that the guy can sell his car to somebody else?
 
I'm very sure you would never do that.  I needed to grow 'a pair' here.
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Kevin Kullar <kkullar@gmail.com>  Sat, Oct 1, 2011 at 10:16 AM  

Hi Patrick,

I have no desire to convince or coerce anyone to purchase my vehicle. It's a big decision. I can only present the vehicle and whatever information I have. The vehicle inspection did not meet your expectations. That's fine.

I certainly hope you can find a used vehicle with the meticulous service history you are seeking.

No hard feelings. It was nice meeting you regardless.

All the best,

  Kev
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Kevin Kullar <kkullar@gmail.com>  Mon, Oct 31, 2011 at 7:00 PM  

Hi Patrick,

I have yet to receive your payment for the vehicle inspection. Can you confirm the date and address that you sent it to?

Thanks,

  Kev
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Kevin Kullar <kkullar@gmail.com>  Thu, Nov 3, 2011 at 4:54 PM  

Hi Patrick,
 
I have yet to receive a reply to my October 31st e-mail.
 
Have you sent the reimbursement for the vehicle inspection? If so, can you confirm when you sent it and to what address you sent it to?
 
If I do not hear from you by Monday, November 14th, I will be forced to pursue other avenues of recuperating the vehicle inspection expense ($160.xx)
 
Thanks,
 
  Kev
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PATRICK Thu, Nov 3, 2011 at 7:44 PM  

Please read again the email I sent to you earlier.  This will be the last time I respond.
 
As I stated, as a result of the inspection and at your invitation, I discussed the inspection with the service manager who informed me that you failed to properly service your vehicle and that the car's warranty with VW Canada on the braking system was likley void.  This constitutes a failure to 'pass the inspection', which included the vehicle service record as I discussed with Cowell.  Because of your inability to offer a full warranty from VW Canada, we had no contract to purchase your car as you could not fulfill the term of your offer.
 
That was the terms of our agreement and thus I owe you nothing (see earlier email about how the car must pass the inspection).   The inspection, if it had value to you, was no doubt used by you to sell the car to someone else so you have already recieved value for it.  
  
You're welcome.
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Kevin Kullar <kkullar@gmail.com>  Thu, Nov 3, 2011 at 10:21 PM  
 
Hi Patrick,

I am aware of your prior e-mail. However, in person you made no such stipulation after test driving the vehicle twice. Furthermore, subsequent to receiving and viewing the inspection information you:

1. Made arrangements with me to purchase the vehicle including setting a time and location to meet and finalize payment details.  
2. Upon cancelling the purchase you stated: " I will compensate you for the inspection as I said I would. Please le me know your address so I might send the payment."
3. Upon receiving my address and postal code you stated: "It will be in the mail today".

All subsequent to your earlier e-mail.

At this point I am forced to proceed with this situation through small claims court. I strongly believe upon reviewing our correspondence a reasonable person will issue judgement in my favour as the inspection was instigated by yourself, and committment to reimburse me for my cost was made after you reviewed the findings of the inspection.

Please keep in mind, that if judgement is made in my favour, you will also be responsible for any fees associated with my filing the claim. You can review that information here:

https://eservice.ag.gov.bc.ca/FilingAssistant/index.do

This will be my last attempt at resolving the issue with you directly. I will see you in court.

You're welcome too.

  Kev
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PATRICK  Fri, Nov 4, 2011 at 2:06 PM  

Hi Kevin,
 
Thank you for clarifying the particular information trhat supports you claim for payment of the inspection.  The payment will be forthcoming by Canada Post.
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WHAT A F%%@@^ NUTCASE!!!!!

  Kev

[Spunnel]

Hopefully that payment actually comes in the mail. At least you won't have to go through small claim court if it does.

[Ice_GT]

I hope the payment comes !

[stovetop]

I worked at the Small claims court in richmond in 09-10. I work at the Robson square location now doing small claims once in a while.
Filing fees for antyhing 3000 and under is $100. above that is $156. it gets added to your claim though so if you're successful, you'll get that money including in the order. you have to serve the notice of claim onto the defendent. you basically have 2 options. personally serve it or by registered mail. most ppl do registered mail since it doesn't require you to see the person (some ppl have quite a beef). if you serve by registered mail, you get $20 to serve it and it's added to your claim so again, if you're successful, you'll get that amount. You do not need to pay the $20. It just gets added to your claim. It's the amount that the court allows to serve. Personal service is $80. once u serve the claim, defendant has 14 days to respond. if he doesn't, you can file for default order if it is a claim strictly for debt. otherwise it needs to go before a judge to determine quantum.
if he does file a reply within 14 days, and there is no counterclaim, it will proceed in the normal fashion. you will get a mediation date(robson sq location) to try and solve the claim before going further.

that's a quick sum up.

[theurgy]

Jesus Christ.... what a nutbar.
Cheap bastard, I hate people who nit pick bullshit like this.

[Two Doxies]

I bet that felt good!! What a douchecanoe.

[theurgy]

Stovetop: Here's my question, if all of that is done and you've won everything, what can you do to collect?
I mean I'm at a point where I have all my ducks in line and I am owed $5000 (owed money + collection fees etc).
If someone completely defaults on payment with absolutely no counter claim, what is the final action?
Collection agency?

[M Speed]

Now my concern is insufficient payment on the cheque....and you are out even more $$. But with a bounced cheque, you will win the case for sure.

[melonvitara]

What if you don't know the mailing address of that person and he's not willing to give it to you / meet up with you?
Let's say all you know is his name, email address and phone number.

[Keiichi]

I want to know, who the heck at Cowell was he talking to?
Null and void the warranty for a freaking brake fluid flush that was NOT in the standard maintenance list in the manual.

[stovetop]

Stovetop: Here's my question, if all of that is done and you've won everything, what can you do to collect?
I mean I'm at a point where I have all my ducks in line and I am owed $5000 (owed money + collection fees etc).
If someone completely defaults on payment with absolutely no counter claim, what is the final action?
Collection agency?

so if you have your order for whatever amount is owed you can begin collection. when you say he defaults on the payments, are you saying he has been given a payment schedule(ie. $100 on the first of every month until the balance is paid). if he defaults on a payment schedule, the full amount is due and owing immediately. You have several options. You can file an "summons to a default order" which will cost $100 (but is again added to the claim so the defendant is obligated to pay that). A sheriff will attempt to serve the summons to the defendant telling him when he needs to come to court. This is quite serious as if the person does not attend on that court date, you can ask the judge to issue a warrant for his arrest.

if there is no payment schedule set (ie. you just got your monetary order), you can file a garnishing order on his bank account or on his wages, you can file for sale and seizure of his property(ie. bailiff goes to pick up his stuff, sell it and give you some money), or you can file a summons to a payment hearing. Most ppl do summons to a pyament hearing because you can get a court date relatively quickly. in this case, YOU have to serve the summons on the person(no registered mail) and you go to court with the def. the judge will assess what ability, if any, the defendant can pay.

garnishing orders are good ONLY IF you know which bank he banks at. if garnishing wages, you have to know when his PAYDAY is. the garnishing order is only good for 7 days and if he's paid every 2 weeks you need to make sure the garnishing order is on his payday otherwise it won't be successful and you're on the hook for paying the garnishing order fee(not sure what it was)

[stovetop]

What if you don't know the mailing address of that person and he's not willing to give it to you / meet up with you?
Let's say all you know is his name, email address and phone number.

you may need to hire a skip tracer to find out where he is. most ppl will NOT want to meet up if they know you're gonna serve them with a notice of claim. AFAIK, emailing is not an option for serving a claim. You can try making an application to the registrar for substitutional service (ie. another form of service which may be emailing it to them but i don't think that's allowed).

remember you have 1 year from the date of filing the notice of claim with the court registry for you to serve them.