Remix.run Logo
cobbzilla 6 days ago

I’m almost 100% in agreement, but context matters, and attitude matters.

If you’re up against a behemoth, figure out how to get out ASAP.

But I’ve learned that small claims lawsuits can actually be quite fun! Earlier this year I sued a former landlord in small claims court. He had entered my rented space while I was away (without notice, multiple times) and then refused to return my security deposit when I moved out.

I went into it with a “let’s have fun and learn” attitude. I had never sued someone and I’d never represented myself in court. I read a lot, had some good conversations with LLMs (and then fact-checked them!) about the laws and case history in my area, then filed my suit.

After he dodged the summons three times, I discovered I could file a motion for alternative service (post on his front door, post in a newspaper, etc). When I went to court to argue for that motion, he actually showed up in court! So I asked the judge if he could be served right there, and he was!

Our trial was highly entertaining, I caught him in a bald-faced lie, then looked at the judge and said I’m not sure how both of these things he said could be true, I can’t figure out how it adds up but maybe you can.

I won the case, the judge awarded me less than I was asking for, but more than I was actually owed.

I was kinda hoping he would not pay (that’s common) in which case I was looking forward to learning about how to garnish his wages or put a lien on his property. But he’s actually paying me in monthly installments for the next very many months. He could pay me all at once so he’s being a bit of a jerk, but at least he’s paying.

All-in-all, I knew I had a solid case, had fun along the way, and didn’t spend more than a few bucks on court fees. In that specific context, it made sense for me and I’m happy I did it.

dotancohen 6 days ago | parent | next [-]

You are lucky that the incident caught you just when you were ripe for a new hobby.

imdsm 6 days ago | parent [-]

Lawfare, a true American Hobby

cobbzilla 6 days ago | parent [-]

Really! What kind of an American am I if I don’t even know how to sue someone!?

I’ll admit enjoying my newfound knowledge. I’m not actively looking to be litigious, but it’s great to know I’m ready if it comes to that again.

On a more practical note, the whole process was lengthy, but very clear and fair. We have a justice system, someone committed fraud against me, so I turned the cranks on the machine and got some justice. fwiw, I was also mentally prepared to lose, and learn what I did wrong if that happened. Not being too emotionally attached to a legal situation is a very good policy.

cutemonster 6 days ago | parent [-]

Could you have lost money if you lost, e.g. having had to pay his legal fees? How much might that have been?

Nice job anyway, and an interesting read. Let's hope he'll be more honest hereafter (although I doubt it)

cobbzilla 6 days ago | parent [-]

No, I wouldn’t have had to pay him or the court if I lost. In fact my court costs were added to my award, so I didn’t even really pay those.

I paid with my time. If I was sour about it, I might say “that’s time I’ll never get back”, but I consider it a wonderful learning experience and time well spent.

fakedang 6 days ago | parent | prev | next [-]

> Please tell us about the time you, cobbzilla, most successfully hacked some (non-computer) system to your advantage

> So I made my landlord pay me rent, with the help of some LLMs....

jimmydddd 6 days ago | parent | prev | next [-]

My elderly father paid a guy a $5K downpayment to re-pave his driveway. (For his driveway, most companies would require a $1K downpayment and charge $6K total). Well, the guy never showed. I read reviews and saw that he had duped a lot of folks, lost in court, but apprently never paid. I decided not to take him to court, and told my father to just take the loss. But after reading your post, I'm sorry I didn't give it a go. Great job!

comprev 5 days ago | parent | next [-]

My father once lent someone money in good faith towards education, who then later informed him they had no intention to repay. We're talking £8,000 here.

It took 4 years of legal process before he saw a penny as the other party tried to wriggle out of everything... even so far as fake lawyers and wrongly claiming to have moved out (which the judge did not look to kindly upon).

Recently he received a cheque for the remaining balance - 8yrs after he sent his first letter by registered post which is the first step in a small claims court.

cobbzilla 6 days ago | parent | prev [-]

You may have done the right thing.

There was a case before mine, an elderly couple swindled by a landscaper who took a bunch of money, did a tiny bit of crappy work, then disappeared.

Landscaper didn’t show up at trial and they won a default judgement; but good luck collecting from a ghost.

comprev 5 days ago | parent [-]

100% this - just because a judge decided in your favour - actually collecting the debt is the hardest part.

admissionsguy 6 days ago | parent | prev | next [-]

Had a very similar experience also with regards to deposit not returned. The person never showed up or did anything at all so I had the pleasure of picking the "repossession man" (for lack of a better word, it was in a country with a bit different system) from a list. I went with the one with the most ominously sounding name and he subsequently very effectively garnished the wages after adding his fees on top.

csomar 6 days ago | parent | prev | next [-]

> I was kinda hoping he would not pay (that’s common) in which case I was looking forward to learning about how to garnish his wages or put a lien on his property.

If he has assets to his name and the action was against him, I don’t see him doing that. In most countries you can hire private recovery, so the process will be very fast to collect.

sshine 6 days ago | parent | prev | next [-]

I've witnessed similar residential disputes brought to small claims court where the effort was in vain.

I'm happy it worked out for you, and that you had fun doing it. I could imagine going your route.

But for most people, sifting through legal papers and preparing for court is neither enjoyable nor affordable.

ndkap 3 days ago | parent | prev [-]

How much is "more than a few bucks"? Several hundreds?

cobbzilla a day ago | parent [-]

Looked it up. I paid a total of $164.03 in court fees, which was then added to my award when I won the case. I hadn’t thought it was that much! If I amortize that monthly from my first filing to the trial (~6 months), it was roughly $30/month.