4 ms·
> Sue the paper company? Yes. > For what damages? Your time. It has value. > What court would waste 8 minutes on something like that? Small claims. This so
by ke88y 3y ago
> Sue the paper company?
Yes.
> For what damages?
Your time. It has value.
> What court would waste 8 minutes on something like that?
Small claims. This sort of thing is what it's there for.
Don't get me wrong: the judge will be annoyed at the pettiness. BUT. As long as the judge sees that you went way above and beyond in trying to resolve the issue out of court, and you ask for reasonable damages, they will be pissed about the pettiness but the wrath will be applied to the other party.
For me:
1. I spent literally years trying to resolve the issue. Dozens of letters, phone calls, etc.
2. I asked for "2.49 times (my hourly rate times the number of hours I spent dealing with the issue)" because the statutory damage multiple was lower-bounded by 2 and upper-bounded by 3). I only billed for hours during the 9-5 work day when I was consulting, and only time during the work day when I was taking vacation time from a W2 job.
3. I included some of the time I spent on contacting them and writing letters, but not all of it. I told the judge that the sum included only time spent after my third letter, when it became clear that taking them to court might be the only possible resolution.
4. I apologized on behalf of both parties that something so silly couldn't be resolved out of court, and stressed that I tried really hard for years to work with the business owner.
In your case, asking for $1k or so would probably be fairly reasonable after a year or two of trying to resolve the issue, especially given the confrontation with the driver and the smoke-up-your-ass about renting.
Judges really do not want you to waste their time. The key is to demonstrate that you are also exasperated by the fact that the court was the only way to resolve your disagreement.
- Brian_K_White 3y agothank you, food for thought
- NegativeK 3y ago> Judges really do not want you to waste their time. That's kind of funny, given that it's small claims court. I mean, I understand that it's a fee for littering, and not causing physical harm -- but... What else are you supposed to do if someone is habitually littering?
- ornornor 3y agoI don’t know if I’d want to anger an angry thug, who knows where I live, and who already almost beat me up when I waited for him the last time around.
- Lio 3y agoI would say you definitely should take them to court because it makes clear to them that you have teeth. You’re not a violent criminal, so the way you solve disputes is with the force of law. If you win but they don’t stop the behaviour then take them to court again. Small claims court is really cheap. If they try to mess with you outside, well courts take an extremely dim view of that. Far in excess of any initial judgment. If the thug doesn’t know that then they are going to prison for contempt of court.
- ke88y 3y agoYou'd be taking the owner to court, who probably isn't the one delivering the papers.