how do you go about taking someone to small claims court?

Question

my friend went model agency and after a year and $1,800 haven't deliverd on any work she calls them they promise but nothing happends can she get her money back?

Answer 1

Hey icemike. Sad but ramrod may be right. I had to take a former co-worker/friend to small claims court. First you have to go to the closest district court (probably to where the modeling agency is in this case or maybe to your house) and fill out some forms (need to explain the issue, need to know the address/phone number etc of the modeling agency,etc) and pay a filing fee (it may be around $70 and the defendant is forced to pay this back to you if you win the case). My case was a couple of months after I filed and the defendant never showed up so I automatically won the case. Tried having their wages garnished but they quickly quit their job. Next I tried to have any bank savings seized but you needed to know where they banked (luckily I did but they didn't have any cash). Then I went back to the court to seize any property (car/real estate/etc) that the person owned but the court could find nothing (car was leased, house was in exes name,etc.). Each step I took was @$75 more and a year later I still haven't collected anything of the $3,000 verdict (the max in Michigan small claims-defendant actually owed $5,000 but I didn't want to bother with lawyers and a longer court process) plus the increased costs of each attempt to collect(technically the defendant will have to pay all these fees too). Basically, the defendant skipped town and it has become my responsibility to track defendant down (believe me the court has been absolutely no help); I have 20 years or more to collect (plus interest is supposedly accumulating on the amount owed) but right now I don't see that happening. You may want to go file a complaint with a government agency like the Better Business Bureau instead. Another thing is to look at the contract, it may not say any jobs are guaranteed and, in that case, your friend is probably screwed; I know recently a "modeling agency" notified me to come work for them as a "scout" where basically people paid you to register them as models but no work was ever guaranteed for these people; it sure sounded like the "agency" was scamming both the "models" and "scouts" because the agency took a good cut of the money and probably left the scout with all the legal liabilty. The only other option I can suggest is to go to the modeling agency, if they actually have an office nearby, and tell them you are going to protest/picket(I'd check with the police or someone first to see how to do it legally) and or possibly put an ad in the paper(s) explaining your dealings with them to the public(I'd see a lawyer or someone before doing it though to make sure you can't be sued for slander). Perhaps the possible negative press/scaring away of further "customers" will be enough for them to give you your money back. Good luck!

Answer 2

Go to a small claims court and file. Costs $75.00 in Indiana. I think the limit is $6,000.00. Good luck, you will need it.

Answer 3

If you are in California, visit the article on my website about presenting your small claims case:

Answer 4

Good luck on getting any money back.. If you or she wants to file...go to the court clerks office in your county court house and pay more money to sue them...then pay more money to have them served...and if they don't show up and/or you win...pay more money to have the found in contempt ...and more money to disclose their assets....you want to get a lawyer to deal with this...if you win...they have to pay all legal expenses.