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Post by scrapulous on Dec 17, 2017 5:19:28 GMT
I've never had to do this before, but I'm considering taking a local business to small claims court. The amount I feel I am owed is just over $300. Is it worth it for such a small amount? I fully believe they are in the wrong and I am being conservative in only asking for $300, but I can't guarantee the judge will see it my way, although I do have documentation.
Any experience or advice you would like to share about using small claims court in Texas would be appreciated.
Edited to add: I have also considered disputing the charge with my credit card instead of small claims, but I don't know what happens if the merchant disputes my dispute. Any thoughts? I did submit a request for reimbursement to the company, but their response was that they did nothing wrong.
Thank you!
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Post by nlwilkins on Dec 17, 2017 5:27:52 GMT
It will be time consuming and there will be court costs.
There is lots of info via Google about Texas Small Claims Court
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Post by dewryce on Dec 17, 2017 5:29:31 GMT
I'm wondering when you present your case, if disputing with the credit card is an option, if the court will ask why you didn't do that and expect you to take that course of action first.
~signed someone with no legal or small claims court experience.
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Post by elaine on Dec 17, 2017 5:43:41 GMT
Honestly? With no specific information from you, no one can advise you one way or the other in any sense that you should trust.
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Post by msdintz on Dec 17, 2017 13:19:13 GMT
I would dispute the charge with cc company before anything else.
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Post by mikklynn on Dec 17, 2017 13:27:56 GMT
Dispute the charges with your CC company.
You can win in small claims court, but here in MN, they don't help you collect.
Sometimes it's less stressful to just let it go, if your CC dispute doesn't help.
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Loydene
Pearl Clutcher
Posts: 2,639 
Location: Albuquerque, New Mexico
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Post by Loydene on Dec 17, 2017 14:27:31 GMT
You'd need to state some LEGAL basis upon which to ground a complaint -- dissatisfaction with customer service isn't a legal basis. You haven't said enough about the facts for anyone to give you a well informed opinion.
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Post by papercrafteradvocate on Dec 17, 2017 14:57:34 GMT
Dispute via your CC (first).
Most banks support and side with their customers. My friend’s business had a batching error—cards were charged a few weeks after the initial transaction, and she lost over $3000 in disputes even though she could show exactly what the customers ordered/purchased. She lost out both on the dispute and never got her money back.
It takes 30-90 days for a dispute, the business has an opportunity to respond, but in the end, it worked out better for the cardholders. I think my friend lost the majority of the disputes even though she provided both goods and services.
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Post by scrapulous on Dec 17, 2017 15:32:40 GMT
I do believe I have a legal basis for the dispute, not just dissatisfaction with customer service. It's just too long of a story to type here. Suffice it to say they didn't uphold their end of the contract we signed, and I have proof. I was just asking if anyone has gone to small claims court in Texas and and felt it was worth their time for a $300 judgement. I believe if you win, the other side pays your court fees, but if you lose, you're out the fees and of course you don't collect your $300.
I think you're all right that I should try to dispute with the credit card first and see where that takes me. Based on the letter I received from the business, I know they will fight it. Hopefully the CC company will be able to see that their argument is invalid. I hope all the evidence I forward to the CC will be considered.
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Post by supersoda on Dec 17, 2017 15:36:14 GMT
Start with the cc dispute and consider the Better Business Bureau or other avenues. Remember that even if you win in small claims court, that is only the first step and then you have to figure out how to collect the judgment if the defendant doesn't immediately pay. This can be more difficult, expensive, and time-consuming than bringing the claim in small claims court. If the business shows up with a lawyer, they can complicate the process and make it more difficult for you. For me, $300 wouldn't be worth the time it would take. But if you have the time and wherewithal to fight on principle, you may feel differently. Here's a good guide from the Texas Young Lawyers Association. |
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Post by nnnsmom on Dec 17, 2017 20:15:42 GMT
We went through this at work with a part that the vendor said was fixed but it wasn't. I disputed it with the cc company and they took it off and we never heard anything further. Definitely start there!
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Post by txdancermom on Dec 17, 2017 21:26:40 GMT
start with the credit card company, then try a very stern letter (if you know a legal professional ask their help) demanding a refund (send certified mail) and then as a last resort small claims court.
with small claims court, many times the other side won't show, and because it is small claims, many courts frown on lawyers coming.
good luck.
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Post by librarylady on Dec 17, 2017 22:42:07 GMT
The one time I had a serious problem, I disputed the charge and gave the CC company my reasons.
My money was refunded and I never heard any more about it.
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Post by scrapulous on Dec 18, 2017 0:16:51 GMT
Thank you all. I didn’t know that after you win a judgement in small claims court iii have to figure out how to collect the money yourself. That is insane.
I will start with filing a CC dispute.
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