Legal Question in Credit and Debt Law in California

Need to Collect...

Recently, I gave my merchandise in good faith to a man that I did not know very much about. He has a small store next to my father's store and promised to pay for the merchandise within the month of march. It amounts to roughly about four thousand. He refuses to pay until November.

All of the other store owners around us have the same problem with him. In total of about five different individuals that he is in debt to, the amount to collect would be well over 10,000 dollars.

What is the minimum amount that he has to owe me for us to be able to go to small claims court. Is there a chance that he won't be ordered to pay me within the month of April?

Should I sue him on my own...or join the other members also?


Asked on 4/04/00, 3:22 am

2 Answers from Attorneys
Christopher Enge Law Offices of Christopher J. Enge

Re: Need to Collect...

The jurisdictional maximum for small claims court is $5000. You could bring your action there. In the alternative, you could get together with the other claimants and proceed in municipal court (where you can sue for up to $25,000). The advantage of getting together is that you can share costs (filing fees, copies, depos, attorney fees). In small claims court, you cannot have a lawyer represent you in court. In muni court, you may have a lawyer. In answer to your question, there is a 100% chance you will not get an order requiring payment in April, because you will not even be able to require the defendant to be part of the lawsuit until May, even if you sue today. Lastly, if you are in Northern California and would like legal assistance, please let me know. If you are elsewhere, I can see if I can give you a referral.

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Answered on 4/18/00, 8:28 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Need to Collect...

You might also consult with a bankruptcy attorney. Under certain conditions, and it sounds like you may qualify, 3 or more cerditors can force him into a bankruptcy, without his consent.

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Answered on 4/19/00, 3:07 am


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