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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. |
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< | Working Title: A Guide To Small Claims Court |
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> | A Guide To Small Claims Court |
| | -- By MichaelDuignan - 24 Feb 2010 |
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< | The naive view: Using the court to right a wrong |
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> | A case of personal indignation |
| | "As a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." - J. Learned Hand |
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< | I have been party to a civil lawsuit only one time. Though the stakes were about as low as they could go, and the venue about as prosaic as one can find on the isle of Manhattan, the experience has colored an impression that judicial outcomes have as much to do with the parties to the suit as they do with the facts of the case or the law as applied to them. |
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> | I have been party to a civil lawsuit only once. Though the stakes were low, and the venue as plebeian as one can find in Manhattan, the experience colored an impression that judicial outcomes have as much to do with the parties to the suit as they do with facts or the law as applied to them. |
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< | Take the plunge, and sink or swim |
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> | Using the court to right a wrong |
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< | Six years ago, I moved to New York to pursue my adult life after college. With haste, I found a short-term, informal sublease in Brooklyn until I could afford a long-term apartment lease in Manhattan. After two months, I secured a lease, and gave the sublessor 30-days notice of my departure. At the time, she had in her possession my security deposit equal to two months' rent. When moving day came, though I had given her no justifiable excuse to retain my deposit, she explained that she would only be able to reimburse half the deposit. She assured me that the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. |
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> | Six years ago, I moved to New York to start my life after college. With haste, I signed a short-term sublease in Brooklyn until I could afford my own lease in Manhattan. Three months later, I found a flat, and gave my sublessor notice of my departure. I expected the return of the security deposit equal to two months' rent I had paid her upon moving in. When moving day came, she explained that she would only be able to reimburse half of my deposit. She assured me the other half would come soon. As we had become friends during my stay there, I trusted her to repay me and moved on. |
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< | Almost a year later, I was still asking her for that money. She had ducked and dodged my requests with alarming efficiency. I had managed to corner her once, being generous enough to place her on a monthly payment plan, but even that she soon found a way to skirt. I almost let her get away with it too; as both my parents are small-business owners, I empathized with her status as an entreprenuer of humble means. However, once I discovered other sublessees after me had come and gone from her flat and received their security deposits in full, empathy turned to antipathy. I was going to recover the money not because I needed it, but because principle demanded that I do so. |
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> | A year later, I was still without the money. I was amazed at the efficacy with which she had dodged my requests. I did manage to corner her once, reaching a compromise to put her on a monthly payment plan, but after receiving a single $100 payment, she again disappeared. I almost let her get away with it too; my parents have both been small-business owners, and I empathized with her status as an entrepreneur of humble means. However, once I learned she had taken sublessees after me who had received their deposits in full, empathy turned to antipathy. I would recover the money not because I needed it, but principle demanded that I do so. |
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< | The cost vs. benefit of going to trial
Filing with the court |
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> | Filing with the court |
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> | I used my lunch break to take the train downtown to Centre Street. Three hours and $15 later, it was settled. I would reappear at 7 p.m. on Wednesday, February 23, 2005 to plead my case before the Small Claims Part of the Civil Court for the City of New York (coincidentally not too far from where we met Robinson and his diagnosis of "civilization's pathology"). I remember thinking how convenient the timing was -- I wouldn't have to take much time off work and I'd show up to court already wearing a suit. Perfect. |
| | Preparing for a showdown |
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> | I decided not to enlist the aid of a lawyer. For one, my claim was for less than $1000 in damages, and didn't want to raise my transaction costs any more than was absolutely necessary. I felt, no, I knew the facts were in my favor. I had compiled sublease documents, cell phone statements, and email histories corroborating the invariable conclusion defendant was wrongfully in possession of money that belonged to me. I didn't bother to look into the nuances of tenancy law. I was essentially basing my position on principles of estoppel (though the relevant tenancy law was in my favor). But I wasn't so foolish as to let the case ride on estoppel alone. Something else gave me the calm assurance I would receive the outcome I desired. |
| | Every case has a turning point |
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< | Taking a step back: Using the court as a means to an end |
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> | Use the court as a means to an end |
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< | Did principle really determine the outcome of the case? |
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> | Did principle really determine the case? |
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< | The potential for abuse and a responsibility to correct or account for it |
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> | The potential for abuse and a lawyer's responsibility to correct for it |
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