What are the steps in suing an LLC in small claims court?

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What are the steps in suing an LLC in small claims court?

I need to sue an LLC for breach of contract in small claims court, and am wondering what exactly the process is for this. I would be suing for $40. The company is only one person, and I was working directly with him. The basis of the suit is that I paid for a website to be built, under contract, but then near completion was told it would cost twice as much to finish. When I said that was not what I agreed to, he cut communications with me and never delivered the site.

Asked on June 21, 2012 under General Practice, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

It depends what county you are located in.  But I think you should seriously reconsider suing someone over $40.  Is $40 what you paid him?  If you wait until you pay someone else to build your Web site, you can then sue him for whatever you pay that new person as well.  It is going to cost more than $40 to file your small claims lawsuit.  Of course, you may be able to get your costs back if you are the prevailing party, but not necessarily.  In Maricopa County, the filing fee is $51, and there are about a dozen different justice courts, and you have to first determine which one has jurisdiction over your case.  The best thing is to figure out which one is closest to where the LLC is located, and then calling that branch and giving them the address and verifying that they have jurisdiction.  Go to www.azturbocourt.gov and they will walk you through the rest of it.

Have you considered a strongly worded demand letter?  You might try threatening litigation (in which you will sue not only for what you paid him but also the cost to have someone else do the Web site and he will have to pay your court costs), but tell him you will let it go if he just gives you your money back?  Just a thought. 


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