Legal Aid abt small claim

cunningchu

又係我...黑仔王 水蛇春 的求助, 請耐心細閱

我地依家住的地方1.5年前買, 買時, 已經係合約講明話storage度門係爛, 要求整好, 否則會扣起$500.

到我地收樓當日, 發覺前業主換左度門, 但係門入面裂左 (係門背面好大的裂開左), 門亦唔係完全可以關上, 同時亦留下大量的垃圾, 當時agent 已寫信 (連相)比對方的經紀話我地要扣起錢, 因為度門同垃圾...雙方拉据後, 我地的經紀同我地講己經過左俾錢的日期, 我地的錢過左戶比對方, 無得扣啦. 之後, 無再理我地.

點知我地的notary (我地無用律師買樓) 唔知點樣成功幫我地扣起$500, 之後以notary的名義俾張支票我地.   我地見既然扣起左,根係要啦.   過多幾個月, 因為我地買左另1間 APT, 再去返呢間notary辦手續, 佢地同我地講上次扣起果$500, 俾對方律師發信追佢地拎, 佢話唔駛理亦無問我地點處理, 更無話要我地比.

點知今朝收到small claim專人送信比我地, 話我地要俾番$500, 另加$100 filing & $30 services, 合共$630.  

我想問有無得拗 (我仲有keep agent sent 俾對方的電郵話度門, 垃圾等間題及相片, 而扣起$500)....打去俾notary 唔理我地..老實講, 我覺得錯不在我,唔想俾, 但又會攪好耐同煩, 就算俾都係$500, 無理由要俾多$130, 有無free legal aid可以問?  謝謝.

cunningchu

hey guys - we WON the trial

Even we didn't counterclaim but at least we won't be bothering anymore.  

thanks everyone inputted and support.

FiChai

I agree. Life is like that. Sometimes it's not about you are right or wrong, but it's about how much time and effort you need to prove yourself is right! Referring to the original contract of purchase and sale, I am pretty sure the righteous is on your side. However, if you go to court, it's very likely you can keep the held back $500 but may still need to pay for the needed administration fee (the hundred something), that judges by the arbitrator. You may also need to take a day off or so, to attend court. See which thing you rank is more important, righteous or time.

daimo

my guess, let's say it indeed cost you $100 + the renovation guy's fee (ask him to give you the receipt now) ... say it's $250.  so what he will most likely get is $500-$250=$250.  

that's the argument.   he will have to eat the $130.  and, don't worry about if down the road he spends thousands into lawyer's fees.  it's 99% not going to be awarded.

so ... $30+2 hours to get $250 back in  a worst case scenario?  i'll still do it.

daimo

you can try to call S.U.C.C.E.S.S. and they work with UBC law school.  but it won't meet your schedule.

it's not difficult to do, just google for tips.

daimo

it's not up to him to determine what he gets.  $500+document fees is what he HOPES.  he hopes that you will just give him the $ without going to court.

It's the small claim  arbitrator who determines if he gets even $500 or not.

Counter sue or not doesn't quite matter, (if i were you I won't, for tactical reasons).  it's really about if you want to spend $30+ 2 hours and see if you can save $500.  It's well worth the exercise and risk.

cunningchu

回復 daimo
I'm a little bit confusing.   he is asking us to pay $500 + $100 (filing) + $30 (service) = $630.  if we lose, shouldn't we have to pay the money according to his total claimed amount?

The property was rennovated once we own it and we asked the rennovation guy to fix the door for us.  For cleaning up the junk it was around $100 but we havn't receipt & will not counterclaim.  I have no idea whether we should considered $130, he requested, as a counterclaim.

Do you know if i could seek advise to fill the form at the small claim's office in Richmond? since, we received the form on Aug 18 but small claim stamp was Aug 11, so, we have to send the form back by Thursday.  time is critical.

daimo

No, if you loose, you pay $500.

The $130 is the filing fees and it won't be awarded to him.  I'm pretty sure.

You have to calculate how much it costed you to clean up the junk and how much you paid to fix the door.

cunningchu

填份claim form, 先發現要俾$26 as filing fess and an additional $100 for counterclaim.

對方索償係$500 +$130, 我唔願意俾$130, 咁$130係咪當作counterclaim?! 如果係, 我咪要填$260 (連埋我要俾的$26+$100)  

即係話未見官先打30大板 @.@         

如果打輸左, 咁咪$500+$130X2 = $760 (仲唔知對方會唔會又counter, 又再有額外的filing fees, 我地又repy, 咁條數咪越
滾越大!)

唔怪得佢咁玩野...睇下我會唔會怕煩...俾錢算數.  老實講, 我真係覺得煩...開始明點解老公話俾錢就算

如果notary 唔係唔俾我地知對方律師一路追收錢或者同我地商量會唔會俾, 可能唔駛入small claim.  煩...煩....煩

Look4chrisng

I think even if you have to go to court.  It is a good learning experience provide that you are not going to hire a lawyer.