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Author Topic: filing a Small Claims Case - how to figure out the value
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  Countryliving
  Mass
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filing a Small Claims Case - how to figure out the value    (Posted Tue, Dec 11 '12 at 12:39 UTC)

Hello,

I posted back in October and after being lied to about the delivery date of out meat products I have decided to take the next step.

Our signed contract:
20 weeks
Bushel basket of fruits and vegetables
Delivered to our home on Fridays
"Bonus" 70lbs of meat at the end of the season

No mention of the shared risk (which I fully understand but just want to note that the farmer didn't have this "warning" in his contract.)

He threw in the towel after we got 9 or so baskets. They were never truely "bushel" quantity. While we got less than the bushel promised he was selling at his farm stand. The bonus meat was still promised and in October he gave a delivery date of the first weekend in November. That came and went. Then he left a detailed voice mail with new dates. Those came and went. Then he replied to my message with another date and that came and went. After sending another I got a long message in return and the bottom line is that he never had any meat to deliver to us on all those dates and he was just stringing us along.

So I need to figure out how to value what we did and didn't get. Do I just figure the per week value and multiply that by the 11 weeks we didn't get? Do I figure in the meat at all?


 wvhaugen
 Ferndale
Re: filing a Small Claims Case - how to figure out the value    (Posted Tue, Dec 11 '12 at 06:21 UTC)

Yes, since you took delivery for 9 weeks, it is reasonable to concentrate on the 11 weeks you didn't get your share. You could make a claim you didn't receive full value for the other 9 weeks, but just accepting it makes your claim for the unfulfilled 11 weeks even more reasonable.

Yes, you could claim for the 70 pounds of meat you did not get, because you bought your share with the clear expectation of getting that meat at the end of the season.

In small claims court, you should be able to get your filing fee and the cost of the service. This will be added on during the court session, if you win. Remember, nothing in court is a slam dunk. Make your case in a reasonable manner and be concise. I had one case in Spokane where I was supposed to have 5 minutes to present my case but the judge didn't even give me 3 minutes. She was a real tyrant but there was nothing I could do. My landlord got all the time he wanted to speak however. As I say, it can be a crap shoot. Be prepared, be precise, follow procedure.

Catering to the unique Ferndale perspective.
 wvhaugen
 Ferndale
Re: filing a Small Claims Case - how to figure out the value    (Posted Tue, Dec 11 '12 at 06:24 UTC)

Let me add that I did get wins against my law school and two wins against insurance companies. I don't want to give the impression you will always lose in court.

Catering to the unique Ferndale perspective.
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