Going to Small Claims Court with JusticeDirect
I heard thousands of small claims cases over some 30 years as a Commissioner or Judge Pro Tem. But when the need came for me to file my own case, I suddenly realized that the paperwork side of a case was way outside of my comfort zone. Besides, almost five years had passed since I last participated in any part of the process. I needed help.
What had happened to me involved the purchase of a motor home. Along with the RV came several offers for extended warranties, roadside services, and other extras. The price for these services added only a small amount to a sizeable monthly payment and seemed like a good investment at the time. Besides, the dealer said, “If you decide to cancel these within 60 days you can get a full refund of the costs.” I confirmed the cancellation clauses in each agreement and went ahead with the additions. Later, I realized that most of the coverages were duplicated by other, less expensive policies. The worst part was that if I sold the RV in a reasonably short time the actual $12,000 cost of the policies on my loan would put the RV “under water” on the loan principal.
A few days short of the 60-day period I wrote separate cancelation letters for each policy to the dealer and to each insurance company (where that was required). I sent each by UPS with return receipts and waited for a response.
Within a month each insurance company involved refunded the correct amount to the loan company as a principal reduction. The dealer, however, neither paid nor even responded to my letters, leaving about a balance due of about $5,500. I sent a second, and then a third letter. Still no response. Ok, time to go to small claims court.
I went to the court’s web site, where there is an excellent self-help section. The information and help offered there was good and accurate, but I really wanted more assistance with the paperwork preparation than it offers. Then I remembered JusticeDirect, the small claims assistance service offered by the Contra Costa County Bar Association. I clicked on the link in the CCCBA’s web site for JusticeDirect. Taking that small step led to an amazing experience.
Without giving actual legal advice, JusticeDirect literally put a staff of paralegals at my disposal to handle all of the investigative leg work, pleading preparation, court filing, process service, evidence collection, and trial preparation. At each step along the way, I was prompted with complete information about what needed to happen, the decision to be made, and any data I needed to make that decision.
The first thing that happened was a set of communications that explained the process and what they could offer in services. The most important of these was that they could compose a demand letter for me, if I had not already taken that step. Best of all, there was no charge for this! I answered a very thorough questionnaire covering the particulars of my grievance and the identification of the defendant. The letter they composed was excellent and met all of the requirements of a good demand letter. Since that step was already behind me, I went on to the filing step.
Based on the nature of my case and the amounts involved, the cost to use their service would be $219. In addition to their services, the filing fee and personal process service would cost $135. I paid the costs and fees with a credit card, and we were under way.
The team from JusticeDirect started by making a search of three separate databases to determine if I had the correct defendant. As it turns out, the dealer is actually a subsidiary of a larger company based in Minnesota. They gave no advice as to who the named defendant should be but gave me all of the information needed to make that decision. I decided to sue the dealer DBA the larger company, because it could bring pressure on the dealer from above to promote settlement.
The staff of JusticeDirect was so complete and thorough that it was almost overkill. I was reminded of each deadline and next step to be taken. I uploaded all evidence, which they assembled into evidence packets. There was one for me, one for the defendant as discovery, and another for presentation to the judge in trial.
They made sure that all court filings were made on time. Before filing each pleading, a copy would be emailed to me, approved by me, and then filed electronically. A filed / endorsed copy of each pleading was emailed to me as soon as they received it from the court. I was also directed to instructional articles and videos that explained each step of the process. I was amazed at the accuracy and thoroughness of the information they provided.
The result of the effort was that refunds from the dealer started appearing on my loan statement. They still didn’t contact me directly until two weeks before the trial date. The dealer’s general manager called me to confirm the final amount due. They sent me a check for the remaining amount due and I had JusticeDirect file a dismissal. I was reimbursed in full, including the costs of suit.
The bottom line is that JusticeDirect was an outstanding resource for even an experienced law practitioner. Just imagine the godsend it would be to a person who knows nothing about the legal system. I wish it had been around when I was an active attorney. I would have had a great referral for those folks who came to me with what was obviously a small claims problem. Referring them to this CCCBA resource would have made them more likely to come to me when a serious problem arose. I highly recommend JusticeDirect as a very effective tool for a small claims litigant, and as a great referral resource for attorneys.