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Old 11-28-2016, 02:47 PM   #1
likruiz
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Small Cliams Court - California

I decided to finally take this to small claims court after giving defendant more than enough time to pay me back. Looks like the more time I give the defendant the less likely I'm going to see the money.

He's some background.

-Entered contract to rent hall for daughter's baptism (food included)
-Game defendant a down payment to secure venue
-3 days prior to event when I was ready to pay total amount, defendant informed us that she did not applied for city permits. Reason given was due to a family emergency
- I was fuming
-Ask for down payment back to be able to secure other vendors
-Defendant ask me to come back next day. I was not going to take a check. I wanted cash.
-No money next day.
-Have been calling defendant every month for the last 5 months...... Nothing

What are the chances that I get my money back after small claims court? How can the court force defendant to pay me?
What other legal ways can I get my money back?
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Old 11-28-2016, 03:25 PM   #2
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how much was the down payment?
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Old 11-28-2016, 03:27 PM   #3
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And do you have anything in writing? Usually there's a written contract outlining all this.
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Old 11-28-2016, 03:37 PM   #4
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If he shows up, you'll probably win the judgement against him...sounds like your money has long been spent and you're not going to actually get it back...although you will be owed the money. The unfortunate parts of dealing with deadbeats
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Old 11-28-2016, 03:42 PM   #5
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Chances you prevail in small claims court are high. Even without a written contract you'll be ok as long as you can testify about the agreement and back it up with proof of payment. Chances of collecting, not as high. You absolutely need to do it, though.
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Old 11-28-2016, 03:48 PM   #6
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I have a written contract signed by both parties.... Down payment is a significant amount.

Another question? In the contract it states that if I cancel for any reason, they keep the deposit. Nothing if it's the other way around, where they cancel. Can I add a cancellation fee to my small claims total.
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Old 11-28-2016, 03:53 PM   #7
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Quote:
Originally Posted by likruiz View Post
I have a written contract signed by both parties.... Down payment is a significant amount.

Another question? In the contract it states that if I cancel for any reason, they keep the deposit. Nothing if it's the other way around, where they cancel. Can I add a cancellation fee to my small claims total.
You cannot add a cancellation fee.
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Old 11-28-2016, 03:54 PM   #8
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You can sue for damages, costs you incurred as a result of them cancelling (like higher cost of another hall), last minute change fees by other vendors like catering, etc...and again, you will probably win provided you have the receipts (which it seems like you do), but this guy is a deadbeat, so collecting is hard, especially if the contract is with an LLC or something like that, where you can't go after the personal assets. If it's with the person directly, then you have more ammo, can go after their house, etc. As AOG said, you absolutely need to do this, just to have the judgement on record at the minimum.
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Old 11-28-2016, 04:22 PM   #9
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You cannot add a cancellation fee.
Absolutely wrong.

OP here's what you need to do. I recommend becoming familiar with contract law. Declare yourself a sovereign citizen and do not, under any circumstances, say that you are under the jurisdiction of the USA. You are the administrator of the account known as (your name here). Remember that we are under maritime law. You cannot pay a debt with a debt, it's illegal, and you have the right to enact a fee schedule as part of your sovereignty.

You can declare any fees you like, but it must be paid to you in gold bullion, fish, fur, or accepted for value under the defendant's Birth Contract. The debt can be fully discharged this way. Fact: your social security number is actually a bank account in which you can discharge all debt. The defendant will need to give you his full name and social security number in ALL CAPITAL LETTERS, signed and written at precisely a 45 degree angle on an invoice. If they don't do this then the US Treasury won't accept it and credit your bank account.

Do not ask for an attorney. You are allowed to be a Private Attorney General under US code. The bar association is just a club that you pay membership fees to. It's your constitutional right to perfect law. That's an important key word if you decide to represent yourself or others as a Private Attorney General.
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Old 11-28-2016, 04:29 PM   #10
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Originally Posted by Zell View Post
Absolutely wrong.

OP here's what you need to do. I recommend becoming familiar with contract law. Declare yourself a sovereign citizen and do not, under any circumstances, say that you are under the jurisdiction of the USA. You are the administrator of the account known as (your name here). Remember that we are under maritime law. You cannot pay a debt with a debt, it's illegal, and you have the right to enact a fee schedule as part of your sovereignty.

You can declare any fees you like, but it must be paid to you in gold bullion, fish, fur, or accepted for value under the defendant's Birth Contract. The debt can be fully discharged this way. Fact: your social security number is actually a bank account in which you can discharge all debt. The defendant will need to give you his full name and social security number in ALL CAPITAL LETTERS, signed and written at precisely a 45 degree angle on an invoice. If they don't do this then the US Treasury won't accept it and credit your bank account.

Do not ask for an attorney. You are allowed to be a Private Attorney General under US code. The bar association is just a club that you pay membership fees to. It's your constitutional right to perfect law. That's an important key word if you decide to represent yourself or others as a Private Attorney General.
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Old 11-28-2016, 04:32 PM   #11
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Originally Posted by likruiz View Post
I have a written contract signed by both parties.... Down payment is a significant amount.

Another question? In the contract it states that if I cancel for any reason, they keep the deposit. Nothing if it's the other way around, where they cancel. Can I add a cancellation fee to my small claims total.
how much is a significant amount?
small claims court limit in CA is $10,000
are you under that limit?
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