Small Claims Can Save You Big Money
Want to avoid spending big bucks on legal matters? Try settling disputes in small-claims court.
By Joan E. Lisante
| April 20, 2000
URL:
http://www.entrepreneur.com/management/legalcenter/legalbasics/article23222.html
One of the best things a small-business owner can do to save
money on legal bills is handle smaller matters yourself, sans
attorney. This means finding your local small claims court and
figuring out how you can use it as a cost-effective way to recoup
business losses.
All 50 states have small claims courts, frequently divisions of
district, county or municipal courts. Don't be turned off by
the "small"--in many states, you can sue for up to
$10,000, which covers a lot of rubber checks.
Some advantages of small claims court:
- A streamlined, user-friendly system, with filing and follow-up
help from the clerk's office
- No need to tote along your attorney
- Service on the defendant (typically the clerk's office will
send a certified letter), with personal service available at
slightly extra cost
- A simpler courtroom procedure, with rules of evidence
loosened
Your experience might run something like this: You try to work
out a solution with your adversary, fail and decide to sue. Check
the legal name of the person or business you're suing, along
with their address, telephone number and other relevant
information, such as a Social Security number or employer. Make
sure you have a case to begin with--you must prove that the person
or business owes you the money. You can't recover any money
unless you can prove damages, no matter how obnoxious the other
person was to you. General sliminess and uncivilized behavior
won't support a lawsuit.
Write a narrative of how and when you were damaged, and your
recovery attempts. Bring all your proof to the clerk's office,
where you'll file your case for a nominal fee-usually $25 to
50. (You can recover these costs if you win.) Be sure to file in
the right jurisdiction-usually where the defendant lives or does
business, or where the incident took place.
When you get to court, be organized and brief. Read the
complaint and be able to explain it, including why the defendant
owes you the amount you're suing for. Have your paperwork
organized, with copies available for the other side. And don't
forget that person in black who's in charge. Direct your
remarks to the judge, not the other party. Speak clearly and loudly
enough to be heard. Maintain eye contact with the judge.
If your opponent doesn't show, you may win a default
judgment against him or her. With any win, you're the
judgment creditor. The loser or judgment debtor must
pay within a certain time period. If he or she doesn't, the
court can help you file questions (sometimes called
discovery) to ferret out the defendant's property. Ask
the clerk for help in attaching assets to satisfy the judgment, or
"garnishing" (having your opponent's employer reserve
part of) his or her salary.
By making your local small claims court a vital business tool,
you may just build your own swimming pool instead of your
lawyer's.
Joan E. Lisante is an attorney and freelance writer from the
Washington, DC, area. A graduate of LeMoyne College and New York
Law School, she is licensed to practice in New York, Virginia and
Washington, DC.
The opinions expressed in this column are those
of the author, not of Entrepreneur.com. All answers are intended to
be general in nature, without regard to specific geographical areas
or circumstances, and should only be relied upon after consulting
an appropriate expert, such as an attorney or
accountant.
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