In Reply to: Re: litigation vs. small claims posted by Djhymn on March 19, 2003 at 11:49:32:
No more so than any other type of litigation.Just because you prevail in 'regular' court really means nothing. You still have to collect the money, and this is were most people fall short in small claims. I guess they figure once the judge finds in your favor, he doesn't let the other guy go until he coughs up the cash!
What these folks fail to understand is your lawyer in regular court then starts the garnishment or other collection process. If you can't fill out the garnishment paperwork after a judgement in your favor in small claims, then yes, small claims is a waste of time. Rarely does the looser in any court litigation just come clean and give you the cash. Winning the suit is just the first step in collecting money.
I run a small business and use small claims court on an all too frequent basis I must admit to collect money from dead beats. Works every time! Once I have the judgement it is pretty easy to garnish bank accounts, wages, etc. Just another form to fill out.
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Follow Ups
- Re: litigation vs. small claims - kentaja@yahoo.com 03/19/0311:57:31 03/19/03 (0)