I recently had the, ah, opportunity to enact some of the clauses in Section 7 of the local Tucson purchase agreement. You know, the section we head into to find out what happens when things go terribly, terribly wrong?
Let me say that our foray into section 7 was, to the best of my knowledge, an honest mistake on behalf of the other party, if there is such a thing. I believe the error made was without malice, but we end up in section 7 all the same.
First recourse if either the buyer or seller is in potential breech of contract is to give that party a chance to fix it with a 3 day cure notice. This is the somewhat friendly heads-up to the other guy to say, “hey, buddy, we’ve got a potential problem here, please fix it” with an implied OR ELSE.
The threat behind the OR ELSE? Arbitration. Mediation. Court Action. Small Claims Court, if you’re dealing with a matter $2500 or less.
Our matter fell into the small claims court bucket, and my client - being a thorough kind of guy - did some research into how small claims court works, and has allowed me to post his findings.
As always, we’re not lawyers, you should seek your own legal advice, your mileage may vary.
February 27th, 2008 at 10:57 pm
I think the most important thing to know about small claims court is that it is known as Kangaroo Court. I have been there quite a few times, and that has been my experience. The last time I went the judge kept cutting me off. She literally wouldn’t let me present my case, and I was not babbling in any way. Well, the judgment came back in my favor. In hindsight, she was cutting me off because she already knew that she was going to find in my favor. I’m not sure that’s the right way to run a courtroom, but it worked out for me, so I guess I can’t complain. It’s also important to know that the judge does not decide on the spot. They send a letter in the mail, which could be quite a while after your court date. My verdict was “with prejudice,” which means that the plaintiff cannot file again.