how to sue for theft of $500 without a lawyer

Yes, you can sue in small claims court. However, even if you win in small claims court (can prove that she borrowed $500) that still does not force her to pay you. If she fails to pay the judgment, you would have to obtain a wage assignment.

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How to sue someone who owes you money?

 · 12. File your proof of service. If you use the sheriff's department or a private process serving company, they typically will file the proof of service on your behalf. However, if you have the papers served on your own, you must file a document letting the court know the lawsuit was served on the other party.

How much can I Sue my Business in Small Claims Court?

 · 3 attorney answers. Yes, you can sue in small claims court. However, even if you win in small claims court (can prove that she borrowed $500) that still does not force her to pay you. If she fails to pay the judgment, you would have to obtain a wage assignment.

How to file a lawsuit without a lawyer in Small Claims Court?

 · Theft under $500 is a class A misdemeanor punishable by up to 11 months 29 days in jail. As a first time offender, you should be eligible for Diversion. This will allow you to …

How do I recover money I'm owed through a lawsuit?

 · 2. Gather your evidence. To recover the money you're owed through a lawsuit, you must have proof of the debt. If you have a written contract, that part of your proof is relatively …

Can you sue a person for stealing?

Yes you can file a civil lawsuit seeking money damages and/or the return of your property if you can prove who stole it. You can also take out a criminal complaint with the prosecutors office alleging a criminal act...

What is the punishment for stealing?

You can be charged with felony shoplifting, which is punishable by formal probation, up to three years in county jail and/or a fine of up to $10,000.

Is theft over 500 a felony in Texas?

In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions.

Can you get sued for stealing money?

If you steal from your employer or someone else who has entrusted you with property or money, you can be convicted of a crime and sued in a civil court.

How much stolen money is considered a federal offense?

It is important to understand how much money and property involved are considered federal offenses. This means that for any amount of at least $1000, it does not matter if it is real estate, records available to the public or other assets, it is possible to face fines and jail sentences.

What is felony theft?

The stolen property's value is often what determines if the crime is a felony or misdemeanor. In order to be a felony theft, the value of the property must exceed a minimum amount established by state law, typically between $1,000 and $2,500—often referred to as the felony-theft threshold.

How much stolen money is considered a felony in Texas?

$2,500 orTheft is a state jail felony if: the stolen property or services is valued at $2,500 or more but less than $30,000. the value of the stolen property is less than $2,500, and it's the defendant's third or subsequent theft offense.

How do I prove theft in Texas?

Prosecutors can prove theft in two ways: by showing appropriation from the owner without consent, or appropriation by holding the property while knowing someone else stole the property.

What is the sentence for theft in Texas?

Penalties for TheftAmountClassificationPenalties$100,000 or more but less than $200,000Second-degree felony2 to 20 years in a state prison and/or a fine of not more than $10,000$200,000 or moreFirst-degree felony5 to 99 years in a state prison and/or a fine of not more than $10,0005 more rows

What can you do if someone steals money from you?

Typically, when a person is robbed, or discovers something has been stolen from them, contacting the police is the first step. If you know the perpetrator, depending on the specific facts of the situation, you may not want to involve police.

What do you do when someone steals from you?

Confront her. Tell her you know she stole from you and you want the items back, or she needs to replace them for you. If she refuses, talk to her parents or legal guardians and ask them for help retrieving your items. If all else fails, call the police.

What is misappropriation of cash?

Misappropriation of Cash Showing false payments or excess payments in cash book. By using the Teeming and Lading method, the money received from any customer can be pocketed and the money received from another customer can be shown as money received from the former.

What are some actions of a creditor that substantiate a law suit?

Some actions of a creditor that substantiate a law suit are: failure to validate a debt; calls you at work or very late at night; erroneous reporting of your credit history; and, refusing to note partial payments on your credit. Most of the time the creditors don’t bother showing up, and why would they?

How to file a small claims claim?

Do not ever file for the state maximum for loss, always file it for a smaller amount. To file a claim, just go to the county courthouse and get the appropriate forms. Make sure to follow all the legal steps for filing this claim, including notifying the other party. Every state has different forms but they are all pretty self explanatory. Generally, there will be a section where you will insert your claim, make sure to ALWAYS include: REMOVAL OF DEROGATORY DEBT from all three credit bureaus; TransUnion, Experian and Equifax along with a dollar amount. This is super important. Without this you don’t really gain anything.

What happens if you don't show up on your credit report?

If they don’t show up you automatically win and receive a judgment of removal you can send to the (3) credit bureaus. By law the credit bureaus will now have to remove the debt from your credit report, whether it’s valid or not. Also, see the HIPPA section below for medical debt. Get proof (most of the time you don’t need it) ...

What happens if a hospital doesn't show up for a judgment?

Now if they don’t show up, you automatically win and the courts will give you your judgment (what you asked for). HIPPA laws are very strict. If you validated your debt and the collection agency provided a list of your debt from the hospital or doctor they violated your HIPPA rights.

Can you win a HIPPA case?

Winning a HIPPA case is super easy and most of the time they won’t show because they know they broke the law. Just remember, suing a collection company or creditor is easy and you don’t need an expensive attorney. The cost to benefit is usually exponential.

Do you have to notify the creditor of a collection?

Once your claim is submitted you may have to notify the creditor or collection company. This is the easy part. Don’t bother tracking them down too much, a lot of collection companies change addresses often. And it’s in your advantage if they never receive it.

Can you sue a collection company?

Just remember, suing a collection company or creditor is easy and you don’t need an expensive attorney. The cost to benefit is usually exponential. If you have a debt that’s hurting your score by 50 points or more and they keep validating this is honestly your last hope. I’ve seen cases over $10,000 that the creditor nor collection agency never showed and the debt was relieved, it can be that easy. Sure it’s more work for you but to have an extra 50 points on your credit or better interest rate on your car or home it’s worth it. Never give up fighting!

3 attorney answers

Yes, you can sue in small claims court. However, even if you win in small claims court (can prove that she borrowed $500) that still does not force her to pay you. If she fails to pay the judgment, you would have to obtain a wage assignment. For those reasons, it is always best to get her to voluntarily pay you.

Fred T Isquith

Yes, you can sue in small claims court. This is exactly the type of case that the small claims courts were designed for.

How long is theft under $500?

Theft under $500 is a class A misdemeanor punishable by up to 11 months 29 days in jail. As a first time offender, you should be eligible for Diversion. This will allow you to clear your record at the conclusion of 11 months 29 days probation. However, I strongly suggest that you hire an attorney right away. There may be defenses to your charge and you should never show up to court without an experienced attorney looking out for you.

What happens if you have not been arraigned in Washington County?

If you have not already been arraigned, you will be arraigned in Court, during which either of the three judges in Washington County Sessions Court (Judge Nidifer, Judge Lincoln, or Judge Arnold) will ask if you plan to hire an attorney. As noted by other attorneys, this is a class A misdemeanor, however if you have no prior criminal record, you should be elegize for judicial diversion. In addition, if you have a valid...

Can a first time offender get a diversion?

As a first time offender, you may be eligible for diversion, a probation that upon completion allows the charge to be expunged (dismissed and removed from your record). You might also qualify for Merchant's Restitution which invovled paying the merchant some money to get the charges dismissed. Both of these usually require the hiring of a defense attorney as it's not likely the prosecutor will offer this to you...

Where do you sue a person who owes you money?

If the person owes you money under a written contract, you want to sue either in the county where the contract was signed, or where most of the work under the contract was performed.

How to recover money owed in a lawsuit?

Gather your evidence. To recover the money you're owed through a lawsuit, you must have proof of the debt. If you have a written contract, that part of your proof is relatively straightforward. However, in many cases money is loaned through a handshake deal in which no formal contract is signed.

What to do if someone owes you money and won't pay it?

If someone owes you money and won't pay up, you might consider filing a lawsuit to have a judge order them to pay it. However, you should keep in mind that filing a lawsuit – even in small claims court – can be a lot more complicated than it might appear in daytime television shows such as People's Court. Beyond that, a court's order only gives you ...

How to serve a defendant in a lawsuit?

In most cases, the defendant will be served by having the paperwork sent to him or her using certified mail with returned receipt requested. The return receipt serves as proof that the defendant received the complaint and has notice of the lawsuit.

What to do if someone refuses to pay you?

If someone owes you money but refuses to pay, you might have to file a lawsuit to have a judge order them to pay . Start by gathering your evidence, including written contracts, any proof of a loan, or receipts for initial payments on monies owed.

How much does it cost to file a small claims lawsuit?

This fee will vary depending on the court in which you file. If you file in small claims, the fee may be under $100, but you can expect to pay several hundred dollars to file a regular civil court lawsuit. If you can't afford to pay the filing fees, you may be able to fill out an application to have the fees waived.

How long does it take to get a statute of limitations?

Typically you have much longer, as much as 10 years, to file suit regarding a written contract. However, you must sue to enforce an oral contract within one or two years.

How much can you sue in small claims court?

There is a monetary limitation in small claims court. The maximum amount an individual can sue is $10,000. For businesses, the limit becomes $5,000. You should make a visit to a small claims court and see how it works. Sit in on a hearing. Then, you will know what to expect.

What to do if someone refuses to pay you?

If someone owes you money and they refuse to pay, you can file a lawsuit with small claims court. But before you do that, you should try to work things out. If you are suing a company, make sure the right people are aware of the debt. Sometimes company communications are slow or disjointed. You can try mediation or some other alternative ...

How long does a court case last?

When your case is called, go to the front of the room and when asked, tell your story and do it quickly. These cases usually last about 10 to 15 minutes.

How to get a court date for a small claims hearing?

Bring your forms to the small claims clerk and get your court date. You can ask the clerk for a night hearing and ask for possible evenings and times. If you don’t speak English very well, you can ask the clerk to have an interpreter at your hearing – or you can bring one yourself. If you have a disability, you can ask for some accommodation.

What to do if witnesses are not present in court?

If the witnesses you want cannot or will not attend, you can fill out a Small Claims Subpoena to order them to go.

How to ask for payment in court?

As mentioned above, before going to court, you have to ask the other side for payment. You can ask in person or by phone or mail. You will need to tell the court how you did this and fill out a court form to that effect. If you use a demand letter, bring a copy of that to court to show the judge.

What happens if you file a small claims lawsuit in California?

Since each county in California has a small claims court, you have to figure out which one to use. If you file in the wrong court, your case may be dismissed and you will have to file again in the correct court. There is a statute of limitations on filing, so any wasted effort can cause you to miss that deadline.

How to sue someone in California?

California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court

How much money do you need to file a small claims lawsuit in Texas?

In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.

What happens when someone steals someone else's property?

When someone steals someone else’s property, the victim can notify the police ( in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property). Reply. Linda Mcgrathsays.

What happens if someone disobeys a court order?

When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.

Why do personal injury attorneys charge by the hour?

Personal injury attorneys usually work on contingencysimply because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys like to charge by the hour. Far too much is required in fees on an up-front basis. For types of cases other than personal injury, ask for the attorney’s estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.

What is negligence in a personal injury case?

For example, a personal injury caseusually requires plaintiffs to illustrate the concepts of negligence: that an injury occurred; that the defendant owed you, the plaintiff, a duty of care; that a breach of that care occurred; and this resulted in damages. The elements would be different for a breach of contract, which mean you must show that a contract was formed; that you performed as required under the contract, but a breach occurred when the defendant did not; and this breach resulted in damages.

Why is being a lawyer so hard?

Being a lawyer is hard; that’s why it takes so much time and money to become one. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low — but that makes those cases no less complex for a layperson.

How much is a felony theft fine?

A single conviction can bring a fine as low as $1,000 dollars, or as high as $150,000 or more.

What happens if you are convicted of theft?

Probation. Someone convicted of felony theft may also be sentenced to probation in addition to, or separately from, fines or jail time. When a court sentences you to probation it requires you to comply with specific terms over a period of time, typically 12 months or more. Probation terms differ, but normally include such requirements as meeting regularly with a probation officer, maintaining a job, paying any required child-support, not associating with known criminals, and not breaking any more laws. If you violate any probation terms the court can lengthen the probation sentence or revoke it. If your probation is revoked a judge may force you to serve a jail sentence, force you to pay an addition fine, or impose additional penalties.

What are the different degrees of felony theft?

For example, a state may have five different levels of felony theft offenses, ranging from one to five, with 1 st degree being the least serious and 5 th degree being the most serious. A 1 st degree felony theft may apply to the thefts were the property is between $1,000 and $5,000, while 5 th degree felony theft might apply to a crime where the value is over $100,000. Also, states may punish categorical felonies as a specific degree felony. So, for example, all automobile thefts may be punished as a 3 rd degree felony regardless of the value of the car.

How long is a felony theft sentence?

Prison sentences for felony theft can last a number of years, though the length of the sentence differs significantly. For first-time offenders who are convicted of the lowest severity level of felony theft, the potential prison sentence can be anywhere from several months to two or three years, though a court may also choose not ...

What is the difference between a 1st degree and a 5th degree felony?

A 1 st degree felony theft may apply to the thefts were the property is between $1,000 and $5,000, while 5 th degree felony theft might apply to a crime where the value is over $100,000. Also, states may punish categorical felonies as a specific degree felony. So, for example, all automobile thefts may be punished as a 3 rd degree felony regardless ...

What is restitution in criminal law?

Restitution is money paid to compensate the owner of the property for the loss. Restitution must be paid in addition to any fines imposed. Probation. Someone convicted of felony theft may also be sentenced to probation in addition to, or separately from, fines or jail time.

What happens if you get charged with felony theft?

A conviction for felony theft will irrevocably alter your life as you will not only face criminal penalties , but your ability to find a job. Only a local criminal defense attorney who is thoroughly knowledgeable about local felony theft laws and who has experience in dealing with area judges, prosecutors, and the local criminal justice system is able to provide you with quality legal advice.

How much does it cost to sue someone for small claims?

As to the cost of taking someone to small claims court, you’ll generally pay a filing fee of less than $100 that is recoverable if you win. Meanwhile, each state will cap the amount you are allowed to sue for. It typically ranges anywhere from $2,000 to $10,000, according to LegalZoom. Some counties permit you to sue for up to $15,000 in small ...

How to file a small claims lawsuit?

In order to file a case in small claims court, you first need to figure out where the case will be heard. You don’t necessarily sue in your own county. Instead, you sue in the county in which the errant party lives. Sometimes those counties are one and the same.

What happens after you win a small claims court case?

After you win in small claims court, it’s sometimes necessary to force the errant party to disclose info about themselves in the quest to get the money you’re owed. This info is obtained through a list of questions you send to them called interrogatories.

What to do if you can't find a paper trail?

If you can’t find any paper trail, have a friend write the person a small check. You’ll get the account info when the check clears and is returned in your friend’s bank statement. Then you can garnish the errant party’s bank account with that info.

What to do if you don't get a reply?

If you still don’t get a reply, send a second letter with a copy of the first attached.

What to bring to a court case?

On the day of the case, you’ll want to bring with you letters, photos, records of phone calls — anything that supports your argument.

What happens if your adversary doesn't show up on the appointed court date?

And note this well: Should your adversary not show up on the appointed court date, you win by default.

What happens if you win a small claims court case?

If you win your small claims court case, you'll receive a money judgment for the amount you're owed. If the defendant refuses to pay voluntarily, the money judgment will allow you to use collection techniques like wage garnishments, property liens, and bank account levies to access the following types of property:

Can you sue if you can't collect judgment?

Don't Sue Unless You Can Collect the Judgment. Before you sue, ask yourself whether you can collect. If you can't, think twice before filing a lawsuit. Winning a small claims court case is exhilarating, but it's only half of the battle. You've got to be able to collect on the judgment.

Can a judgment be suspended?

In some states, a judgment debtor's driver's license can be suspended by the Department of Motor Vehicles if the debtor doesn't pay a judgment stemming from an auto accident. However, to get rid of the debt and therefore avoid the suspension, the debtor might decide to declare bankruptcy.

Can you file a judgment against a contractor in California?

Professional licenses. If your lawsuit is against a building or remodeling contractor who has a current license, some states, including California, allow you to file the judgment with the state licensing board .

Can you garnish Social Security?

Most states allow a wage garnishment of up to 25%; however, the wages of very low-income workers are exempt from garnishment, and you can't garnish welfare, Social Security, unemployment, a pension, or a disability check. Personal assets.

Can you sell equipment to pay judgment?

A valuable piece of equipment or machinery can be sold to pay your judgment, especially if the business owner signed a contract giving you a lien in the business property. Collecting isn't always easy, however.

Can you sell a car if you are a debtor?

It will also be difficult to seize and sell the debtor's car because most states protect a debtor's motor vehicle from creditors up to a certain amount of equity.