Small Claims Court?

Question

So my boss took our money and ran and shut the business down. I have gone to the Better Business and labor board. They said she had 30 days to answer before I took it to the next step which is small claims court. I was wondering what I need to do for small claims court and also if I can sue for more then what she owes me in damages. For example, since I had my credit card I paid my debt in full. Since I had not been paid, I couldnt pay it in full and now the interest is racking up and costing a lot obviously. Can I sue for that kind of damage or simple sue for more in general? If so, how much more?? Please help. I want this process to be over with. I live in NJ. Thanks so much everyone!!!

Unlike the one answer given to this question, I did not run up debt on my credit card nor go on a shopping spree. I spent money for school books and that is it. SECOND, She closed the business yes, which is her choice to do however she owed us 2 paychecks, which btw is illegal. If anyone has information about THAT not the fact that she closed the business, please respond. Thank you

Answer 1

Unless your boss did something illegal - fraud, misappropriation of funds, or the like - it is very unlikely you will be successful in small claims court. What would be the basis of your suit? That your employer properly exercised her rights as a property owner and decided to close the business without warning, or telling anyone?

Unfortunately, in a capitalistic system the "Golden Rule" comes into play - the person with the gold makes the rules.

If no one knows where she is, how do you expect to get her into the courtroom?

In addition, your former employer is not responsible for your debts. You are the one that went on a shopping spree, granted, you felt at the time that you would have a job and income to cover the expenses, but there are no guarantees in this life. I suggest that you file for unemployment compensation, if you haven't already done so. At least some of the bills will get paid. Also, cut back on your spending, you don't have a job and unemployment will not match your past income. What you don't need now is more debt.

If you really want to proceed with your Small Claims Court suit, contact the County Clerk in your County and ask about the procedure for initiating a Small Claims action.

Answer 2

You can tack interest onto the money. That sucks that she would do that to you when you gave her the money in good faith.