Comment by throwway120385
1 day ago
You're totally right! Please refer to paragraph 213 of your service agreement, in which you agree to binding arbitration with an arbiter of our choosing at your cost. I hope this answers all of your questions! Have a wonderful day!
Not legally enforceable, but absolutely something that it would say in order to dissuade you from going to small claims court
Just saying, small claims court is a farce. You can win, and then the losing side just ignores the verdict.
Then you can go back and figure out how to get your money, depending on the business this might be really hard.
And this isn't a hypothetical. I have had this and never seen any of the money from the judgement....
If the business has a physical presence somewhere, it's not hard. In California, you can get an order to the Sheriff for a "till tap" or an "8 hour keeper". A till tap means a sheriff's deputy or two show up and take the money out of the cash register. A "keeper" means they stand next to the cashier all day and take in money as customers pay. There are fees for this, a few hundred dollars, and they're added to the judgement, so the creditor doesn't end up paying.
The keeper can accept cash and checks, but not credit or debit cards.[1] So, while the keeper is present, the business cannot accept card payments. This disrupts most businesses so badly that they desperately scramble to come up with cash to pay their debt.[2] It gets the message across to management very effectively.
I've done this once. I got paid in full.
[1] https://sfsheriff.com/services/civil-processes/levies/carry-...
[2] https://www.grundonlaw.com/the-power-of-till-taps-debt-colle...
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That will really depend on the business. You can absolutely escalate to seizing their assets (including legal fees for the whole process) assuming you can locate them. If they take the stonewalling to the extreme and have a physical location in many (most? all?) US jurisdictions you can show up with the sheriff and a box truck and start physically taking their things as compensation. There's bodycam footage of this if you're curious.
You request the judge to apply a lien on their assets. You take that to their bank and request that it be applied, and the money paid out.
If that doesn't work, you can always go to the police/bailiff with the court order and schedule a date/time for them to go with you to their offices to seize and auction off their stuff.
does Murica not have bailiffs?
small claims court might not work against a dodgy builder, but it will certainly work against a company, with physical offices
if they don't pay up, you can literally walk into their offices and start taking their stuff, with the police supporting you
I'd start with the contents of Amodei's office
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I sat in small claims court one day to watch.
A plaintiff won a judgment. He asked the judge: “what do I do now?” The judge replied: “well, if you’re reading the paper one day and see ‘defendant wins the Powerball,’ then you know exactly what to do.”
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I remember someone attempting to sue my minor stepdaughter in small claims (which isn't a thing in WA, if you want to sue a minor you have to go to "real" court, but that's another matter).
Everyone all files in for the session and the Judge patiently explains... "we do not do enforcement here, to be very clear. A judgment in small claims means the court agrees you are owed what is owed in the judgment, no more. You can contain the Sheriff's Department, etc., for arranging enforcement of the judgment..."
Sure as shit, first case on the docket is some landlord/tenant dispute. Gets figured out and one of the parties is awarded $1,200... Very next comment out of his mouth, "Where do I go to pick up that check?" Judge, with a sigh, "As I explained twelve minutes ago, small claims court does not do enforcement". "I thought I went up front and picked up my check and then you got the money from him." "No. I am ... unclear ... why you think that would be the case."
I found myself wryly amused by this. Like the court is just cutting checks for every awarded verdict and "oh, we'll figure out how to make the loser pay somehow, but here, you don't need to worry about that, here's your check".
JFYI, small claims are exempt from arbitration.