Reimbursement of fees for professional help with filing a Small Claim

[markoe]

I moved WITHIN Chicago (Illinois, Cook County) thus canceling my domestic gas delivery contract with People's Gas for my former apartment. There is a remaining balance of $234 which I tried to get back from People's Gas. The first time I called them was in the beginning of August 2008, since then I have called them 5 times (3 times asking for a supervisor, one time actually getting transferred to one) and wrote two "last chance"-letters threatening to go to Small Claims Court. I never got any mail or replies by phone from them, although they claimed two times having sent a check (there is no problem with the address they have, since I got my last bill from them).

Since I am new to the US and my time is precious, I would like to use professional help to file the claim. They say, I can claim reimbursement for the fees of such a service. My question is: If the fees for that service are higher than the claim itself (for example "CivilTree" takes $300), is there a risk that the judge refuses me reimbursement of those fees or part of them?

Since I am already posting, I have one more question: I probably should be able to prove that I have done all I can to settle the case out of court. Is it a problem that I cannot formally prove I made those 5 phone calls (I unfortunately did not note the names of the different persons I spoke to)?

 

[dee_dub]

Who's this "they" that says you'll be able to recoup legal fees in small claims court? There is a strong chance you won't get anything for the fees, even if they do not exceed the claim. I don't know the specific rules in Illinois, but many (if not all) small claims courts do not award costs for legal fees. It's a user-friendly process, and you're expected to do it yourself.

You probably do not need to prove you've done all you could to settle out of court. If they owe you $234, they owe you $234, and the court will award it. You might want to phone and speak with them again and document it this time. (You never know, you might even get your cheque this time.)

 

[Gail_in_Georgia]

Why are you willing to fork over $300 to let someone else file for you?

A quick "google" search showed that you can go online to get the forms for Cook County Small Claims Court.

Gail

 

[markoe]

dee_dub: "They" are the services who want to do the paperwork for you for a fee. Obviously they are interested in convincing you to use their service. But being reimbursed (by the defendent) if I win the case sounded right to me, like the defendent should pay for my filing fees and possibly the costs of a lawyer (if I would need one, which is not the case here).

 

[dee_dub]

It's not uncommon to get your filing fees if you win - if the court registry charges $50 to file your claim, you can get your $50 back from the loser. But I've never heard of anyone being awarded the costs of professional help.

 

[KNlaw]

The filing fee for small claims in Cook County, IL for the amount of $234 is $154.00 (without service). Most court reimburse the filing fee or add it to the judgment against the defendant once you win your case. The online service you are referring to: Civiltree is an online filing program. The fee of $300 you pay covers the court filing fee and the service fees of a private process server for multiple attempts. For example if you were asking $5000 in Cook, IL, the filing fee will be $229.00 and the $300.00 you pay Civiltree covers the $229.95, the forms, the summons, the filing, any future alias motions, appearance motions, and services upon the defendants. It's a truly unique service and a great site developed to assist individuals with their small claims matters. I have used Civiltree several times for my cases (one for Cook County, and one case in Broward, FL) and was very impressed and will refer them to anyone in need of small claims assistance.

Also, the $300 is just for IL as Civiltree's prices various by state, for example its $59.95 for HI.

Furthermore, if you have the time, you can do this yourself.

The only question here is if this case is worth filing in the amount of $234.