Post #205179 by Gigantalope on Sat, Dec 31, 2005 11:02 PM

POLYNESIAC, do you have a contract with the shop owner? (Written?) If it's verbal, write down the details of it while they are fresh in your mind.

Beginning next week the amount you can ask for in California Small Claims Court is $7500.00

It was 5K...I don't know what you have there, I hope it's not more than that.

Write a demand letter to the business owner, include the contract info, and CC yourself detailing exactly what you had there. Also demand to know who his insurance carrier is, as you may need to name them too.

If you've not been paid, or worked out something by the time specified in your demand letter, go to this website and fill out an SC100

http://www.courtinfo.ca.gov/selfhelp/smallclaims/scforms.htm#start

fill it out, file it in Small Claims Court (Part of the state superior court system now) Get a court date conviniant to yourself...have it served to the business owner

Process servers work best, but they can charge between 40.00 and 150.00

You can have a pal serve it for free, just make certain they fill out the "Proof of Service" form correctly and file it correctly in the Small Claims court in the jurisdicion where you and this bastard entered into the agreement.

Be certain when filing, to file against the business owner, not a maneger...if the business is incorporated, you will need to find the "Agent for Serive of Process" which is part of the articles of incorporation. (You can find those on the Secretary of States Website)

If you can work it out yourself and make the guy realize you mean business, everybody will benefit. If he has been honest with you, the insurance company should pay you what you deserve.

It's possible that if it goes to court, the jist of the argument will be proving the value of the carvings. Be ready with "comps" of works of simialr quality and skill to prove to the Judicial Officer that the amount you are asking for is not some ploy on your part. (They honestly might not realize the value of hand made art)

Be honest, and don't exagerate.

You may get nothing...you may get half...but chances are from what you described, you should be awarded the the percentage of the sale price you had agreed to with the shop owner.

No Attorneys are allowed in Small Claims Court, so don't let anybody intimidate you if they try...it' just you and them.

Hopefully you won't have to do any of this, but that's the process.

Good Luck...Happy Hogmanay