Discussion:Small Claims Court
From TaxAlmanac
| Revision as of 19:30, 26 October 2009 Fsteincpa (Talk | contribs) (Jimi - point tak) ← Previous diff |
Revision as of 19:47, 26 October 2009 TexCPA (Talk | contribs) (Fred, Check wit) Next diff → |
||
| Line 57: | Line 57: | ||
| {{ForumReplyPost|UserID=Fsteincpa|Date=26 October 2009|Text=Jimi - point taken. And Norm, I like that much better. Does that get filed with the Bar Association. I'm in NY btw. And I am sure I can do both right? File the complaint, then if nothing, small claims court?}} | {{ForumReplyPost|UserID=Fsteincpa|Date=26 October 2009|Text=Jimi - point taken. And Norm, I like that much better. Does that get filed with the Bar Association. I'm in NY btw. And I am sure I can do both right? File the complaint, then if nothing, small claims court?}} | ||
| + | |||
| + | {{ForumReplyPost|UserID=TexCPA|Date=26 October 2009|Text=Fred, | ||
| + | |||
| + | Check with the crimnal courts as well, you may be able to file a civil AND a crimanl case agaisnt the attorney for 'theft of service", depending on the amount it may be a felony. Check the statutes. | ||
| + | |||
| + | Many references on the board regaring filing a 1099-C as well, but I digress. | ||
| + | |||
| + | [[User:TexCPA|TexCPA]] 14:47, 26 October 2009 (CDT) | ||
| + | |||
| + | |||
| + | }} | ||
Revision as of 19:47, 26 October 2009
Discussion Forum Index --> General Chat --> Small Claims Court
| 26 October 2009 | |
| Our town court is only open Tuesdays and Thursdays so I won't get the answer from them til tomorrow. Was wondering in which jurisdiction you file your small claim case in. Can I file in the town my business is in, or the town where her business is in?
I had an attorney as a client and she just refuses to pay her past due bill. She was inherited with the business and my predecessor said she had an outstanding balance owed to him, but he just never collected it. I have only billed for the amounts she owes me and the total due is about $650. In the past I;ve written off these kind of things because it wasn't worth my time or aggravation, but this one is kind of a principle deal. She is a total PITA and I want her to pay up. | |
| 26 October 2009 | |
| Why make it easy on her - file in your county where the work was performed.
BUT - know that she knows how to play the game. You may end up expending more emotional funds on this than it's worth. | |
| 26 October 2009 | |
| I don't want to make it easy, and that's what she is counting on, the fact that she knows everyone here in town.
I do have a letter from her complaining about her bills and the fact that she got her stuff late <because she gets me her stuff late and I don't jump through hoops for someone who doesn't pay> and she was worried about possible penalties for that. So, I have written documentation from her that I have done the work I have billed her for. Should be good enough I hope. | |
| 26 October 2009 | |
| well, she will probably file a counterclaim against you because you got her stuff back to her late and caused her much anguish. And she will blame the penalties on you.
I'd say just move on with your life and let this be a lesson to accept credit cards if people don't bring their checkbook. In 21 years of practice, I've only had 3 bad checks (that didn't go through the 2nd time), have never had a VISA chargeback, but got stiffed many times when I let the client walk out with the work without paying. Lesson: Don't let them walk out without a check or credit card. They'll figure out how to pay you if you hold the work. File an extension and let it become their problem - not yours. | |
| 26 October 2009 | |
| She got no penalties and the lateness was due to her not giving me information, but I know what you mean.
I do accept credit cards and also have rarely been stiffed by a client. I mean, I may get stiffed for a $75 W-2 return once every other year or so. But nothing major. | |
| 26 October 2009 | |
| Check with your E&O carrier first. They may not defend you when she sues you for malpractice. | |
PVCC-CCIFP (talk|edits) said: | 26 October 2009 |
| Fred:
Some information from the NY State Guide to small claims court, [1] "HOW DO I START A SMALL CLAIMS CASE? ... You must sue in a court having Small Claims Court in an area where the defendant lives or works or has a place of business. " "WHO CAN USE THE SMALL CLAIMS COURT? Anyone over 18 years of age can bring an action in Small Claims Court. If you are younger than 18, your parents or guardian may file the claim for you. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court, but they can be sued. " I would get your town court to clarify the corporations, partnerships, asociations, etc. prohibition if it applies to your business entity because it seems to be contradicted by the phrasing under "What is the small claims court" section of the same document. | |
| 26 October 2009 | |
| I didn't mean to suggest that you had committed malpractice. A few years back in another forum, suing deadbeat clients was discussed at length. The consensus was that suing for fees often results in a malpractice counter suit. In your case, I think the possibility is very high. CAMICO has a specific exclusion if you sue for fees. | |
| 26 October 2009 | |
| I think I'd proceed a little differently. File a "complaint against a lawyer" using the form that the disciplinary people certainly make available. Wilful refusal to pay just debts is grounds for discipline. They call it "financial irresponsibility". | |
| 26 October 2009 | |
| Jimi - point taken. And Norm, I like that much better. Does that get filed with the Bar Association. I'm in NY btw. And I am sure I can do both right? File the complaint, then if nothing, small claims court? | |
| 26 October 2009 | |
| Fred,
Check with the crimnal courts as well, you may be able to file a civil AND a crimanl case agaisnt the attorney for 'theft of service", depending on the amount it may be a felony. Check the statutes. Many references on the board regaring filing a 1099-C as well, but I digress. TexCPA 14:47, 26 October 2009 (CDT) | |
