     Chad Adams (Dnvrkid) | Thursday, March 08, 2001 - 08:39 pm 
Well I went to the courthouse the other day and got information on the Colorado Small Claims process. Much like many other states the limit for cases is $5,000 and limited to provable monetary damages only.
The laws that are really disappointing is that the defendant has to have a SALES OFFICE in the county you are sueing them in, not an agent that sells the services for them, but an actual sales office with employees, and the defendant can automatically get the case moved to a higher court where attorneys are allowed by simply requesting it to be moved to a higher court without the judge ever hearing it.
These pretty much wipe out the little guy having any real leverage or muscle with the corporate giants. |
| Christine Baker (Admin) | Friday, March 09, 2001 - 11:14 am
That's awful. How much does it cost to file? |
| Chad Adams (Dnvrkid) | Monday, March 12, 2001 - 02:17 pm
It costs anywhere from $11.50 to $45.50 depending on the amount of the claim. The small claims laws are definately not written in favor of the consumer.
Looks like Corporate America was writing the laws themselves. |
| Christine Baker (Admin) | Monday, March 12, 2001 - 04:58 pm
I've been thinking about this, and it truly sucks.
Write your State legislators? Probably not very effective.
I'd do something else: I'd sue in Small Claims ANYWAY.
I'd use the maximum amount that you get for $11.50.
And then LET them move it to a higher court, provided THEY have to pay the filing fees.
You don't HAVE to have a lawyer. As much as I DISLIKE the idea of not being represented, I'd still do it.
The $11.50 would REQUIRE the defendant to respond and acknowledge that they are aware of your claim.
I'd just make sure I have WRITTEN documentation (credit report, request for correction, account statements, whatever) and a WRITTEN summary for the judge.
Also, there are advantages to being in "real" court: punitive damages, compensation for emotional distress, lost opportunities ....
If the defendant files motions to change venue or whatever, it's on THEIR buck.
Of course I really don't know a thing about Colorado laws, but I'd give it a shot, or two.
If enough people did this, the judges in "real" court would get tired of clueless people in their courts and THEY might have the Small Claims laws changed. |
