Im not a lawyer but I've had the fortune/misfortune of many legal situations in my life.
To file a small claims case (which I believe is up to $5k) you might have to file in the shops district, It obviously will be for the price of the cylinder plus the $700. You have to pay a filing fee (like $50 for small claims) at the appropriate courthouse plus the fee for the sherrif to serve it so your looking at roughly $150 in costs (which I believe you might be able to include in your case, No lawyers are typically allowed in small claims so you don't have to worry about hiring one or him showing up with one). The Courtdate will be set and you both have to provide all of your files to each other before you go in front of the judge, You start and the def. has the last word. Then you leave and the judgement is sent to you in the mail, Also you can add your travel expenses to it and any lost wages (as long as you dont go over the $5k limit). You'll get a settlement and if he doesn't pay the court will enforce it and a lien will go on his credit report. You also (I might add) get an oppurtunity before you face the judge to have a face to face mediation (kinda of a last effort to avoid legal action/court) if you think you might be close on terms and could possibly reach a mutual agreement within the presence of a professional mediator.  |