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Cancelling a small claims court date

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TangoJuliet

TangoJuliet

Diamond Member
I filed some paperwork for a dispute I was having with a company is my local small claims court. We were able to settle the dispute outside of court and was wondering how I should go about cancelling the court date.

Also, we agree to go through their insurance company and I had to provide copies of the estimates for repair. The three estimates I got was for $3600, $3200 and $2500. Naturally the took the estimate for $2500 and countered with $2250. Should I call up the business that damaged my property and tell them their insurance company is paying for $2250 and would like for them to pay the rest? Should I just keep the date in court and tell the judge that I would like to be paid the remaining amount?

Thanks!
 
I'd keep the court date until you're sure you're going to be reimbursed 100%. Make sure the business is aware of this to keep them motivated to help you.
 
Keep the court date until a complete settlement is reached that's going to covery the payment you deserve. If that's $2500, then keep the court date until you have an agreement on how you will receive $2500.
 
Agreed. The pending small claims date is just good insurance to prod them to pay. PLUS, if you're not happy with the settlement offer...why take it? If you sign of on the settlement, the judge isn't going to award you more.
 
Originally posted by: BoomerD
PLUS, if you're not happy with the settlement offer...why take it?
Click to expand...

Well, its a long story. The company that damaged my property (happened back in Feb) told me they would pay for the damages and to just get estimates. I called 3 different companies to come out and look at it and when I called the company back with the results my messages either would get forwarded or not answered.

It got to the point where I was fed up and just filed the paperwork in court. A couple of days after filing the company finally called me back and said they would fix everything.

The main reason why I am taking the offer is because my wife is 9 months pregnant and is due in about 17 days or so. The company that we hired to do the repairs said they could finish it by this Friday. I wanted it completed before the baby arrives.

The court date is still set for this Tuesday. I spoke with the insurance company and they faxed over some papers I had to sign and get notarized. I did that the other day and they said payment should be on its way. I already hired the people to come make the repairs and they start today.

As for the settlement the insurance company said the most they would allow is $2250. I wanted the work started immediately and just took the offer. Should I just try and give the company a call and see if they will pay out the rest?

What would happen if I just did not show up for the court date?
 
Originally posted by: BoomerD
Have you signed anything yet?

If you have...you get what you agreed upon...not a dime more.
Click to expand...

Yeah I signed the papers the other day. I don't really care if I get the extra $250 I was really just wondering about whether is was an option or not. I was more concerned about the court date.
 
You should be able to call the courthouse and cancel by phone...but if not, they'll tell you the proper procedure.

Every state/county is different.
 
Originally posted by: BoomerD
You should be able to call the courthouse and cancel by phone...but if not, they'll tell you the proper procedure.

Every state/county is different.
Click to expand...

Great, thanks. Should I still cancel since the paperwork has been signed but have not received the monies yet?

Originally posted by: Marlin1975
Sounds like you already signed away your rights and agreed to $2250.

Sorry, but that was a dumb move.
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oh well. like I said I was more concerned about cancelling rather then getting the full amount. I just wanted to get things moving along and honestly that is worth $250 to me rather then waiting and having the house a mess when the new baby arrives.
 
As several of us have said already, do NOT cancel the court date until you receive payment in full. If the date is soon, you MAY ask to postpone it for 30-60-90 days to give them time to pay...
 
Originally posted by: BoomerD
As several of us have said already, do NOT cancel the court date until you receive payment in full. If the date is soon, you MAY ask to postpone it for 30-60-90 days to give them time to pay...
Click to expand...

good idea! ill call them tomorrow and see if can be extended 30 days
 
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