Small Claims Court -- What proof do I need?

[MyBoyHarper]

If I want to take someone, or two people actually, to small claims court for items stolen, what proof would I need? They have admitted they stole the items, but refuse to return them, saying I could take them to court and they don't care. I don't have any written proof like a confession, but I have "estimates" of what the stuff costs. But no receipts. I plan on contacting a lawyer and seeing what they have to say, but I just wanted some opinions.

Also, what's the small claims court maximum? Someone told me as little as $500. The stolen stuff is about $900.

 

[Krissa]

I know this is gonna sound silly but I reccomend you to watch a few episodes of Judge Judy before you go to court. You see people on the show make all kinds of mistakes to the judge (speaking out of turn etc . . .), she also can be very specific as to the type of evidence you need and witnesses. Just watch the show not for the cheesy complaints but to learn what is allowed in the court room.

Also think, is the item worth the hassle of setting up a court date or talking to a lawyer? If it is a sentimental item go for it, but if it just a normal item I would take the loss and move on, you may end up paying more in court costs/lawyer fees than the price of the item (plus parking by the court, gasoline, loss of workday etc.)

Just some thoughts, good luck.

 

[Lissa]

MyBoyHarper wrote:

If I want to take someone, or two people actually, to small claims court for items stolen, what proof would I need? They have admitted they stole the items, but refuse to return them, saying I could take them to court and they don't care. I don't have any written proof like a confession, but I have "estimates" of what the stuff costs. But no receipts. I plan on contacting a lawyer and seeing what they have to say, but I just wanted some opinions.

Also, what's the small claims court maximum? Someone told me as little as $500. The stolen stuff is about $900.

If you have no proof (written, reliable witnesses, etc.) and if no criminal complaintwas filed and no conviction was made,I wouldn't waste the filing fee for bringing an action against these people.Estimates alone are not evidence.The judge will probably laugh at you if you have no solid evidence. I work for 4 lawyers and we file complaints everyday so I have quite a bit of experience here. Just my honest opinion.

Every state is different as to maximums. You will have to contact your county courthouse.

 

[MyBoyHarper]

Thanks guys, you both made good sense.

Lissa, I agree, I figured I would need some sort of hard evidence.

The stuff could be replaced if I absolutely had to replace it, which I will one day. However, Imostly wantedto take them to court just to make them pay. Even if their wages had to be garnished. I wanted them 'punished' for stealing from people who work hard for everything they have.

I guess that's what Karma is for eh?

 

[Lissa]

MyBoyHarper wrote:

Thanks guys, you both made good sense.

Lissa, I agree, I figured I would need some sort of hard evidence.

The stuff could be replaced if I absolutely had to replace it, which I will one day. However, Imostly wantedto take them to court just to make them pay. Even if their wages had to be garnished. I wanted them 'punished' for stealing from people who work hard for everything they have.

I guess that's what Karma is for eh?

I know how you feel. That just s*cks when someone does something wrong to you and doesn't get punished. I do have a lot of faith in karma though. What goes around ALWAYS comes around.