Small Claims Courts – Does it make sense to go to small claims court?

Does it make sense to go to small claims court?

Whether you should go to Small Claims Court will depend on the unique facts and circumstances of your situation.

Have you tried to settle the matter on an informal basis?

Have you made a formal written demand on the other side – such as one you wrote yourself?

Are you and the other side far apart, or is the difference trivial?

Is there a person you both can rely on to “mediate” and “arbitrate” the matter for you?

Will the matter be worth your time and effort and the mental anguish involved?

Have you consulted a lawyer? While no lawyer can afford to work for nothing, and many will not want to get involved in a “small case” some lawyers might, for very little money, be able to help you. For example, very often a discussion with the lawyer may help you really understand all of your rights. If you have a legitimate claim, then a letter to the other side from the lawyer — known as a “lawyer’s letter” — may help show you are serious, and get the other side to act. Often it can produce results that you may never get in court, and save you a great deal of time and anguish.

Even if you win, how likely is it you will be able to collect anything from the other side?

What impact will going to Small Claims Court have on your future relationships with the other side, and others in the community?

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