Court

[Redlin5_v1legacy]

Hi guys.

Without going into the gritty details, I'm getting sued by a film producer who let me room in his house to shoot his documentary last summer. Because I was an idiot, I made all my agreements with him verbally (in deference to his wife, its complicated) and I'm now not in a position to counter-claim because of it. I'm not going to say what he's claiming against me for obvious reasons.

I'm not seeking help on the details of this on an internet forum. What I could use are some tips from anyone who has gone to small claim court. What to do, what not to do, how to not let the anxiety of it all while being a full time student crack me in half, etc. Its BC court for those of you who might have specific Canadian advice.

Any help appreciated. This is very stressful.

Edit: No, it wasn't porn.

 

[Albino Boo]

Ok, in dealings that involve money always remember if its not written down it didn't happen. However that works both ways and this will boil down to your word against his. The only thing that you can do is fill in the form with your side of the story and it will go to judgment. So be neat, make sure you spelling and grammar is correct and clear. Avoid being hostile and aggressive but clearly, impersonally and in formal English, state the facts as you understand them.

Also a porn doesn't count as a documentary

 

[renegade7]

We had to take our ISP to small claims court some years ago as a result of a long history of being overbilled ($2800 over 3 years) for repairs that weren't being done and equipment not being delivered (long story). With companies rather than individuals they're looking out for their bottom line, so getting them to back off or agree to settle can basically be as easy as making it clear that you will go to trial and that going to trial will be more expensive for them than it's worth even if they win. I would imagine that it's the same with film studios.

 

[DrownedAmmet]

Ok, in dealings that involve money always remember if its not written down it didn't happen. However that works both ways and this will boil down to your word against his. The only thing that you can do is fill in the form with your side of the story and it will go to judgment. So be neat, make sure you spelling and grammar is correct and clear. Avoid being hostile and aggressive but clearly, impersonally and in formal English, state the facts as you understand them.

Also a porn doesn't count as a documentary

I'd just like to re-iterate this, with no paper trail, it would be hard for him to specifically sue you for rent or something. Definitely talk to a lawyer (assuming you haven't already(also assuming Canada has lawyers)) but really hammer down the fact that he can't hold you to anything without some written commitment. Here in the U.S he would need to prove there was an explicit, verbal agreement done in good faith, which is pretty hard to do.

Really if he expected payment he should have got in writing. Definitely learn from this though, I'm a pretty trusting person but I always air on the side of caution when it comes to things like that, so when in doubt GET IT IN WRITING

 

[gorfias]

I made all my agreements with him verbally

if its not written down it didn't happen.

In the USA, there is something called the Statute of Frauds. First, did you need the agreement in writing. To need it in writing it has to be for:
1) a land dealing
2) something that will take over a year (even if it might take more than a year to film the documentary, MUST it, ie, agreement from 2014-2017 must be in writing).
3) Is the value over a certain amount. Used to be $500. Might be more (like $2K) now. Lets say it is $2K now. I don't know if your agreement was for $2,001.00, can you recover the first $2K or are you barred? I don't know.
My advice: go to small claims court personally, not over the phone. Speak to the clerk. No matter what the rules are in your jurisdiction, the clerk may (is likely to) have his own way of doing things. You may not have much YOU have to do if he has already filed. Likely answer the complaint and counter complain. If you fit under the Statute of Frauds, see (likely a rule 36) request for admissions: have him admit what you want admitted. Consider a $1.00 offer of judgement. The goal: to have your side win and have him pay costs, including any you, in writing, in an affidavit, claim. Hope that helps.
Discovery can also include interrogatories and requests for production of documents.
Hope you leave him a quivering bag of jelly. Best of luck.