Introduction
I ABSOLUTELY love small claims cases…it takes a LOT of hearings to find a short gems…thought this one was interesting and fun!
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KAREN’S IN COURT: www.youtube.com/playlist
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This remix is intended to provide better insight into how our courts and the folks who run them administer justice to the public they serve. Remember they have to deal with folks who are often having their worst day on a daily basis. We also hope to bring you cases with interesting legal concepts, twists and interactions you may not encounter elsewhere…
This commentary remix work constitutes a fair use of any copyrighted materials under section 107 of the US copyright law. Video was edited only to add relevant commentary and to reduce time in the hopes it will be more convenient to be viewed by more folks thereby raising public interest. All defendants are innocent until they aren’t…officially.
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Video
Down to one iPhone, anybody on that iPhone I guess a phone number up here too, that came in late, but I've been on the phone.
Can you hear me yeah? Did you disconnect? Did you get disconnected at some point? You're in my way, can you hear me right now? I can what's your name, my name's Jeff Strickland, you, you called my name about 12 for uh, 40 and I said hello, I'm, Jeff, Strickland, and evidently you couldn't hear me, but so I called I called the court and asked him what what's going on and they told me that I must have been on mute or something so I didn't know what to do.
Are you there yeah? Did you disconnect at one point then? Well after I waited you went on to doing somebody else's case, I hung up and I called the court to tell them that I said hello and that you didn't hear me.
Evidently, it went on to someone else all right, because I have a small claims against uh Guitar Center I understand that I've got that in my hand, actually I dismissed, but I'll tell you what you you're here and nobody did show up for Guitar Center.
Let me just look at it for you.
Okay, there was personal service, raise your right hand for me.
Can you raise your hand? Okay? Yes, do you swear from the testimony you're about to give will be the true? Yes, sir, tell the truth.
Okay, okay, you can put your hand down for me.
It's dirt Strickland.
This is your claim for yesterday fifty dollars it says UPC code charged more than the price sparked.
Yes, sir, maybe it'll be okay um, so you bought a guitar, looks like with a UPC code.
They charged more than the price tag.
Is that what it was? Yes, sir I have on the bottom of that I bought guitar Stringer and it's supposed to be guitar strings.
I, don't know how I did that, but I wrote it wrong and it I bought three sets of guitar strings on the Shelf.
It were marked 6.99 and they charged me 7.99 for them, so they overcharged me three dollars in tax, which was 18 cents and I got that back and I told them.
They also have to pay me.
Five dollar bonus for the UPC code, overcharging me and he said no I'm not going to do that.
You ain't gonna, do that here and he gave me back my money and wouldn't give me.
The five dollar bonus.
Explain that I I'm, not sure what you mean by five dollar bonus.
Oh, it's, the uh well I got that written down here.
It's called the uh shopping Reform modernization Act, also known as the Michigan scanner code scanner law.
But you're, not you know it's not a bonus.
They weren't giving you an option for something: I mean it wasn't all a bonus.
Is that what they called in um? They called it.
I looked it up on the internet on our Michigan uh law or government.com, so I don't own a computer, nothing but I looked it up and what it is.
If they, the UPC code overcharged you they have to pay you 10 times the amount that they were up to five dollars.
Yeah I understand I I'm, not you know it's just not a bonus.
That's all so you're asking for how do you get 250 dollars? Well, um? If they don't pay the bonus you can take in the small claims court and the fine is 250 dollars.
That's where you're getting the fine from yeah? Yes, yes, sir! That's right and uh what it said in the on the michigan.gov, so so you're asking for 250, based on the fact that you get overpriced right, they're, based on the fact that they didn't pay me.
The five dollar bonus that they owed me that when they don't pay that it's you're taking the small claims court and it's supposed to be automated 250 dollars right.
Okay, I understand that.
But where so, did you pay the right price end up getting reimbursed for the month that you paid for the guitar I bought guitar strings and they over charged me three dollars and eighteen cents.
They did give me that back okay, but they refused to pay the bonus uh ten times in a month after when you're at the register was a mistake and they they corrected it yeah well.
I already had my receipt and I thought of my mind.
Was it that same day that they re they? Yes, sir? Yes, sir, that was I didn't leave the store they gave you my receipt and I got to think about it.
I walked in there.
They have a room over the door on where they have guitars.
You go in there and play them in private.
I went back and looked at it and I seen they overcharged me.
So I went back and told them went back and they squirted away with you.
I mean it sounds like you didn't, even walk out the door right, no I didn't, but I didn't have to they overcharged me and that right there, when the the UPC code overcharged me for what they had marked, they had to give me back the difference plus 10 times the difference, and if they don't up to five dollars, okay, and if they don't, then, if you take them to court yeah because they refused the five dollars I've done this too I'll do this to Myers and uh yeah I know Dollar Store, dude yeah.
What what statute are you reading give me the statue? I, don't know it was under the give me a statue, shopping, Reform, modernization, Act, and it tells you about the 250.
Fine I, don't know if you call it a fine or what, but that they have to pay to me, because they refuse to give me the 10 times in my own up to five dollars that they overcharged me sure it is in there I understand you see what you're trying to tell me.
Why? Don't you hold on just a minute? Let me uh: okay, yep, okay, Mr Strickland.
Yes, sir, the Chester view the um statute, you're talking about it's, the uh, stopping reform and modernization States in part that the on your case, it's the tag, but the advertising improve is knowingly publishing an advertisement that contains a statement for representation that is untrue, deceptive or misleading, with intent not to sell the good at the price as advertised.
So they got the price as advertised different than what you paid for originally right.
Yes, sir, they had on their shelf.
So tell me direct when you find when you discovered it, you went right up and they paid you the the difference that you paid correct.
Yes, sir, after they already uh charged me and gave me a receipt, no I understand.
But you got to show me that there was an intent to deceive you.
They paid you right away, they didn't say: hey, no, no we're not doing that.
Did they.
They acknowledge that they were.
We may not right right.
Yes, yes, and that yes right, but they also have to pay you 10 times the difference.
I'm telling you you got to show intent I don't see that that they intentionally know they paid you right away.
It was when the UPC code charges you more than what's marked on the Shelf.
They have to pay, a difference plus 10 times the difference sir I'm telling you.
What the UPC code is your pardon me pardon me immediately.
So the difference right, but they already, but they overcharged me and I, had my receipt, I couldn't watch out the door until I walked right back.
So tell me how give me some proof that they intended to do that to you.
Well, the UPC charged me more than what they had on the price on their things.
So if they argue with you, when you came back in and said, hey there's a difference in price here: no, no, they can't argue it'd, be against the law.
To do that.
Or they could argue with me.
There, but they had to pay me because they overcharged me and uh fine.
I'm.
Finding no cause of action.
Didn't show intent pace.
Is dismissed? No! That's! Not right! Your honor Eric, that's! Not right! It's! My decision! My decision okay case is dismissed.
Good luck to you, yeah yeah, foreign.
FAQs
What is the highest dollar limit in small claims court? ›
In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.
Is there a price limitation for how low you can sue someone in small claims court near Philadelphia PA? ›The Philadelphia Municipal Court hears cases for parties seeking a money award up to $12,000, exclusive of interest and costs. The court cannot hear a case against a Commonwealth party such as SEPTA. The court also cannot order a party to do something, such as return property or make repairs.
What is the amount of a monetary claim made in small claims court Cannot exceed in British Columbia? ›The BC Provincial Court's Small Claims Court generally deals with cases involving from $5,001 to $35,000. Claims for up to $5,000 must usually be taken to the online Civil Resolution Tribunal (CRT).
What is the minimum for small claims court in Texas? ›Information Packet - Click here for information on filing a small claims case (lawsuit for $20,000 or less of personal property or money). Petition - Use this form to begin your small claims case.
What is a large claim? ›Large claim means a claim for more than $25,000 in allowed costs for services in a quarter.
Can you sue for emotional distress in small claims court California? ›In California, you can sue for emotional distress, even in situations where individuals were not physically harmed. Victims are able to sue on one of two grounds: Negligent Infliction of Emotional Distress, or Intentional Infliction of Emotional Distress.
How much can you sue for in small claims court in PA? ›You can bring a lawsuit for less than $12,000 in Small Claims Court, which is part of the Philadelphia Municipal Court. The following explanation of the Small Claims Court process comes from the Municipal Court's brochure, Information for Small Claims Court.
How long do you have to sue someone for money owed in PA? ›| Small Claims (Includes One Certified Mail Services) | |
|---|---|
| Complaint | $50.00 |
| Each Additional Defendant | $10.00 |
| Counterclaim / Crossclaim | $25.00 |
| Additional Service Per Defendant |
1.1 General Civil Jurisdiction
The District Court has jurisdiction in all personal actions where the amount, value or damages sought to be recovered does not exceed $750,000. The Magistrates Court has jurisdiction up to $75,000.
What is the maximum amount of money that can be involved in a civil case heard in the magistrates court in Western Australia? ›
The Magistrates Court deals with cases where the total claim is not more than $75,000 (excluding costs). These include: claims for debt or damages; • consumer/trader claims; • claims for the recovery of real estate property; and • residential tenancy matters.
What is the maximum amount of money that can be awarded in small claims court in AZ? ›A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
Can you sue for emotional distress in Texas? ›Strictly speaking, suing for emotional distress in Texas is impossible if emotional distress is your only complaint. In Texas, negligent infliction of emotional distress (NIED) is not an independent claim. Instead, you must assert non-economic damages as part of a personal injury claim.
Can you bring a lawyer to Small Claims Court in Texas? ›In the Small Claims Court, a person may represent himself or herself, and may, if he or she so chooses, be represented by an attorney. See Section 28.012, Texas Government Code.
How do you win a Small Claims Court in Texas? ›Stick to the point and be specific, including names, dates, amounts of money, and other important facts. Give the judge all the information needed to decide in your favor. Practice telling your story, then tell it to a friend or two and ask them to point out anything that sounds confusing or unconvincing.
How do I sue someone for more than $10000 Texas? ›If you wish to recover more than $10,000 you must consider filing suit in another court with the assistance of an attorney. If your case is worth more than $10,000, you cannot agree to recover less just to sue in Justice Court. Justice Court can award only money.
How do I sue someone for more than $10000 in Illinois? ›Mandatory Arbitration program is an alternative dispute resolution process for civil suits seeking money damages exceeding $10,000 but less than $50,000. A court-appointed arbitration panel reviews the case to decide a just resolution and award.
How do I sue someone for more than $10000 in California? ›If your case is worth more than $10,000 but less than $25,000, you have a limited jurisdiction case. You have to file the same forms as Unlimited jurisdiction cases. And, your papers have to be numbered at the bottom of every page.
How much can I sue for in small claims court in Ohio? ›A claim cannot exceed $6,000 (not including any interest and 2. court costs claimed). The claim itself can be for at most $6,000, and counter- or cross-claims that may be filed can only be for $6,000 (each) or less.