A contingency fee case is where a lawyer gets a percentage of the settlement amount IF they win the case.
No lawyer would take on a contingency case with the little amount involved here.
Small claims court is the best course of action in this case.
Tester
Itās possible that a young (hungry) lawyer might take a contingency case for that small amount, but if he/she won the case, his/her fee would almost surely be 1/3 of the total claim. 1/3 is the norm in a contingency case.
Small claims courts typically have a low filing fee. In my state, the filing fee is $35, but Iām sure that this varies a bit from one state to another.
If the OP goes the Consumer Affairs route, either there will be no charge, or the charge will be similar to the Small Claims Court fee.
Iāve yet to hear of a hungry lawyer.
Tester
Talk to a new lawyer, mid-class, out of an average law school. They make surprisingly little money, $100k or so, compared to the cost of the education.
Hiring an attorney to sue an individual is not an inexpensive undertaking.
Tester
My wife took many contingency cases with amounts such as this or rven less. There was rarely any court time involved. She would send a letter of complaint to the shop. The shop would forward it to their insurance carrier, the carrier would call my wife and settle the case. My wife received 1/3 of the settlement for a few minutes of time.
Did your wife have her own private law firm, or did she work for an already established law firm?
Because itās the law firm you work for that sets the legal fees, not the attorney.
And thatās where graduated law students get their jobs. because they have student loans to pay off.
Tester
It was a moderate sized regional firm. She was a full partner.
Thatās why she is able to do that.
Tester
Iām not going to offer legal advice except blasting the name of a person and company all over the permanent internet is one of the stupidest moves Iāve seen. Remove all identification information immediately. The liability suit would exceed the small claims court limit. Your insurance company will likely not cover any judgement either.
I think you meant ālibelā.
Ok, to be a little more positive, for maybe other people that might read this, use a credit card if you are at all concerned with the people you are dealing with. Credit cards have gotten a lot of people in trouble but if you pay for a repair and it all goes south, you can contest the charge. They have the ability to restore your payment without courts, lawyers, or review sites.
Be ready though because these people know nothing about cars or proper repairs but better than the other options. I used it once when the guy had my car for seven weeks for a trans overhaul. I lost but at least it lit a fire under the guy. I did get him for sales tax issues and found out he was half a million under water with the state. For $200 different in cost, it was a major mistake on my part dealing with the guy. So I just ate my loss and a year later had to pay another shop for another overhaul. So yeah, been there and have sympathy.
Then there was the guy that had my snow blower for 11 months for a new engine under warranty. But thatās a non car story.
Small Claims Court ā A question for those with actual legal knowledge: If you win the case there, then how do you enforce judgement (i.e., how do you make him pay)?
I have a vague understanding that getting the money might involve additional legal work.
Tester
Again, this may vary from state to state, but in my state, County Deputy Sheriffs āvisitā the person in order to collect payment for the Plaintiff. Sometimes, they make multiple visits.
Same in my state.
But you must file with the clerk of courts that the decision was in you favor. And then wait the period for the defendant to file an appeal. Then once that period passes. the defendant has 10 days before payment is due. If that doesnāt happen, then you inform the clerk of courts that the court order was violated.
And thatās when the sheriff shows up at the door.
Tester
Yeah you seek a court order. Then they are in contempt. In my case I lost so I was then one paying, which I did pronto.
That is correct. Step 1 is to issue a subpoena to the defendant at which you ( or your attorney ) will question the defendant under oath about the location and amounts of his /her assets. Step 2 is to bring a certified copy of your judgment to the sheriff in the county where the asset (usually a bank account) is located and ask the sheriff to āexecuteā on the judgment. The sheriff will sieze the amount of the judgment and forward the funds to you. If the accounts have been ācleaned outā it gets much more complicated.