Take steps to pursue small claims
It is already December 2009 and how many of us have outstanding monetary claims against contractors, businesses, car accident claims falling below the deductable amounts, landlords who refuse to return safety deposits, tenants who refuse to pay for damages caused to a landlords apartment, house, etc. You’ve offered to negotiate or voluntarily mediate and to no avail. Your demand letters have been returned to sender or remained unanswered. Who are you going to call? The amount is too small to engage a lawyer. Many of us tend to just move on and write-off the amount due. Guess what, with a bit of research at your court house you can find out just how hard or easy it is to file a small claim. Having done so what often turns out to be the hardest part is serving notice to your opponent. Some of them should belong to the magician’s guild, they seemingly can’t be found. With some effort you can satisfy the court you’ve taken all the steps necessary or you find them and provide them with a summons to show up in court. You do your prep work (i.e. your case, your evidence, and the amount you are demanding (and range as well as walk away amount (i.e. you’ll go to actual trial))), and your strategy. You show up in court (don’t be surprised if your opponent asks for and sometimes gets a delay) and lo and behold you wind up in mandatory mediation. If you want to know more about what happens at mandatory mediation you can look for my book “But your honor…” “Case Dismissed” on the internet or watch our December episode on Olelo Community Television Channel 56 on “mandatory mediation in a small claims court setting” shown on Saturdays at 7:30PM.
So, yes it takes time, effort, and there is a cost for small claims court filings but if you do it right and the limits on the amounts small claims court fits your claim, small claims court can deal with the issues, meet your needs, and satisfy your interests. Happy Holidays.
