Small Claims Court Vs. Sears

[sillypainter]

I just wanted to share here my experience filing a lawsuit in small claims court against Sears.

We had a seller account there, had a $4500 order, fulfilled the order, then they shut down our account, and never paid us the $4500.

Sears is a very incompetent company, and over 40 emails went unanswered. We finally decided to take them to court.

We were even contacted by their legal team once they were served, gave them all info, and they never came back to us.

Our court date is On Feb. 6th, and I will write a "trip report" on how things go, how we filed it, what the procedure is. Meanwhile I will keep this thread open, and will update it with relevant info as we go.

We also plan to make a media frenzy of this, if it's not settled before court.

[Menachem613]

Awesome.

[Saver2000]

Cool.  How much has this ordeal costed you so far?

[meshugener]

Nice!
Can't wait to see how this works out.

If you win, are they also going to pay you legal fees?

[sillypainter]

The suit is for 5K, which is the maximum amount allowed in NY. The actual amount owed is 4500. The other $500 includes the filing fees, gas money and some other expenses, which easily tops $500.

[Nitantnel]

Nice!
Can't wait to see how this works out.

If you win, are they also going to pay you legal fees?

Why would he have legal fees?

[bluiemonster1]

Why would he have legal fees?

What do you mean? Doesn't he need to hire a lawyer?

[myb821]

What do you mean? Doesn't he need to hire a lawyer?

not for small claims

[sillypainter]

No lawyer involved. As a matter of fact, even Sears cannot send a lawyer. They can only send a company rep.

[zale]

I'm willing to bet that you will win this case hands down. The mere fact that they didn't respond to your emails is enough for the judge to rule in your favor.

Print out all the emails that you sent Sears, and staple it together into a booklet. Judge's have very little patience, so make sure it's clear and has the date of each email.

Of course, this is assuming that you are not hiding any incriminating information...

[Sowhat]

I just wanted to share here my experience filing a lawsuit in small claims court against Sears.

We had a seller account there, had a $4500 order, fulfilled the order, then they shut down our account, and never paid us the $4500.

Sears is a very incompetent company, and over 40 emails went unanswered. We finally decided to take them to court.

We were even contacted by their legal team once they were served, gave them all info, and they never came back to us.

Our court date is On Feb. 6th, and I will write a "trip report" on how things go, how we filed it, what the procedure is. Meanwhile I will keep this thread open, and will update it with relevant info as we go.

We also plan to make a media frenzy of this, if it's not settled before court.

Expect to hear from them on Feb 5, is my guess.

[meshugener]

Why would he have legal fees?

Not for a lawyer, but there are some expenses involved.
I wonder who's gonna bee responsible for that.

[sillypainter]

I'm willing to bet that you will win this case hands down. The mere fact that they didn't respond to your emails is enough for the judge to rule in your favor.

Print out all the emails that you sent Sears, and staple it together into a booklet. Judge's have very little patience, so make sure it's clear and has the date of each email.

Of course, this is assuming that you are not hiding any incriminating information...

Yup, I will do that. I also have emails where they promise me a reply. I told them I don't need the money, just tell me "WHY" it's being held.

There is a reason, why they shut me down, and I don't have a problem with that. My problem is that they owe us "real" money, and they don't pay it. I am not crying over the shut account.

I will share more details after court as to why I think they shut me down.

[sillypainter]

Not for a lawyer, but there are some expenses involved.
I wonder who's gonna bee responsible for that.

You can sue for any expense incurred up to 5K, so i'm suing for the max.

[Homeandl]

More power to you, good luck buddy 

[ash]

adar is a good time to go to court ......... layehudim .....simcha vesason...

Hatzlocha

[ushdadude]

Yup, I will do that. I also have emails where they promise me a reply. I told them I don't need the money, just tell me "WHY" it's being held.

There is a reason, why they shut me down, and I don't have a problem with that. My problem is that they owe us "real" money, and they don't pay it. I am not crying over the shut account.

I will share more details after court as to why I think they shut me down.

will that be a problem?

[sillypainter]

Ok, I got a call today from a NY lawyer saying that he represents Sears, and wants to settle it for $4500 in gift cards because the customer that bought the items paid in GC's. I said I don't give a damn how the customer paid, I need cash. I said for $5500 in GC's I would take it (original amount was $4500).

He first said that he will be out of town next week, so he will adjourn the case for now.

Let's see how it cooks out.

I'm willing to fight it, just for the fun of it. I think any normal judge will side with me.

[churnbabychurn]

It looks like at this point they have nothing to lose by going to court. Worst case the judge makes them pay 5k cash. Best case the judge sides with them.
Maybe shoulda taken the GC?

[sillypainter]

It looks like at this point they have nothing to lose by going to court. Worst case the judge makes them pay 5k cash. Best case the judge sides with them.
Maybe shoulda taken the GC?

Nah, he said that he will discuss it with them and get back to me. He didn't say NO.

It costs more money in lawyer fees, the more it costs, the better it is.