Comment by cobbzilla
2 days ago
I’m almost 100% in agreement, but context matters, and attitude matters.
If you’re up against a behemoth, figure out how to get out ASAP.
But I’ve learned that small claims lawsuits can actually be quite fun! Earlier this year I sued a former landlord in small claims court. He had entered my rented space while I was away (without notice, multiple times) and then refused to return my security deposit when I moved out.
I went into it with a “let’s have fun and learn” attitude. I had never sued someone and I’d never represented myself in court. I read a lot, had some good conversations with LLMs (and then fact-checked them!) about the laws and case history in my area, then filed my suit.
After he dodged the summons three times, I discovered I could file a motion for alternative service (post on his front door, post in a newspaper, etc). When I went to court to argue for that motion, he actually showed up in court! So I asked the judge if he could be served right there, and he was!
Our trial was highly entertaining, I caught him in a bald-faced lie, then looked at the judge and said I’m not sure how both of these things he said could be true, I can’t figure out how it adds up but maybe you can.
I won the case, the judge awarded me less than I was asking for, but more than I was actually owed.
I was kinda hoping he would not pay (that’s common) in which case I was looking forward to learning about how to garnish his wages or put a lien on his property. But he’s actually paying me in monthly installments for the next very many months. He could pay me all at once so he’s being a bit of a jerk, but at least he’s paying.
All-in-all, I knew I had a solid case, had fun along the way, and didn’t spend more than a few bucks on court fees. In that specific context, it made sense for me and I’m happy I did it.
You are lucky that the incident caught you just when you were ripe for a new hobby.
Lawfare, a true American Hobby
Really! What kind of an American am I if I don’t even know how to sue someone!?
I’ll admit enjoying my newfound knowledge. I’m not actively looking to be litigious, but it’s great to know I’m ready if it comes to that again.
On a more practical note, the whole process was lengthy, but very clear and fair. We have a justice system, someone committed fraud against me, so I turned the cranks on the machine and got some justice. fwiw, I was also mentally prepared to lose, and learn what I did wrong if that happened. Not being too emotionally attached to a legal situation is a very good policy.
2 replies →
My elderly father paid a guy a $5K downpayment to re-pave his driveway. (For his driveway, most companies would require a $1K downpayment and charge $6K total). Well, the guy never showed. I read reviews and saw that he had duped a lot of folks, lost in court, but apprently never paid. I decided not to take him to court, and told my father to just take the loss. But after reading your post, I'm sorry I didn't give it a go. Great job!
You may have done the right thing.
There was a case before mine, an elderly couple swindled by a landscaper who took a bunch of money, did a tiny bit of crappy work, then disappeared.
Landscaper didn’t show up at trial and they won a default judgement; but good luck collecting from a ghost.
> Please tell us about the time you, cobbzilla, most successfully hacked some (non-computer) system to your advantage
> So I made my landlord pay me rent, with the help of some LLMs....
I've witnessed similar residential disputes brought to small claims court where the effort was in vain.
I'm happy it worked out for you, and that you had fun doing it. I could imagine going your route.
But for most people, sifting through legal papers and preparing for court is neither enjoyable nor affordable.
Had a very similar experience also with regards to deposit not returned. The person never showed up or did anything at all so I had the pleasure of picking the "repossession man" (for lack of a better word, it was in a country with a bit different system) from a list. I went with the one with the most ominously sounding name and he subsequently very effectively garnished the wages after adding his fees on top.
> I was kinda hoping he would not pay (that’s common) in which case I was looking forward to learning about how to garnish his wages or put a lien on his property.
If he has assets to his name and the action was against him, I don’t see him doing that. In most countries you can hire private recovery, so the process will be very fast to collect.