Is Small Claims Court For You?
Small Claims » Is Small Claims Court For You?
The Advantages and Disadvantages Of Small Claims Court
Johnny B. Good goes to an One-Hour Photo Center with seven rolls of film to develop. "I'd like my honeymoon pictures developed as soon as possible. We vacationed in Italy and I shot the most amazing photos in my life," he said. "I will have them ASAP," answered the clerk at the photo center. "We’ll get them ready by the end of the business day," she replied. After work, Johnny returned to the photo center to claim his developed pictures. "Uh, are you positive you brought them in?" asked a different clerk. She looked everywhere, they could not find the photos. The very next day the clerk who had taken the film learned that the janitor inadvertently threw away 10 rolls of film in the trash. Angry, Johnny demanded justice. "These are irreplaceable memories. Memories of a lifetime! What am I going to do?"
Q: Does Johnny need a lawyer? Can he handle it himself in small claims court?
A: Johnny does not need a lawyer. Small claims court is a good place for this claim. However, Small Claims Court can be long and drawn out process.
Q. If Civil Court is long and drawn out, then what is the best way to handle this issue.
A. Johnny could save time and heartache by hiring a debt recovery service.
Hiring a collection agency service will eliminate going to small claims court immediately, the filing fees, and the lengthy process of court dates and handling his debtor when it is convenient for them. Hiring a professional collection agency service to handle the claims will speed up the process and save money by suing in small claims court. If the debt recovery service is not successful in collecting your money, with most judgment recovery service, you won’t owe a penny. This is why anyone who plans on taking on the challenge of going through the small claims court process should choose a collection agency service before you decide to litigate in small claims court.
If you had chosen to go to civil court, there are a few things you need to do know before you proceed down that path. A small fee to start the case, and they give you forms telling you what to do. Make sure that you keep all documents and on the day you are scheduled to appear in small claims court, make sure you arrive with all of your witnesses to support your claim. There's only a Judge, no jury in small claims court, and make sure you are dressed neatly and cleanly.
The rules of evidence are the same in civil court, but there is a tendency to be less formal since the litigants are not lawyers. Do not forget that the Court is still entitled to respect and the proceedings are recorded either by tape recorder or by court stenographer. After all witnesses tell the Judge their version of what happened, the Judge will usually put his decision in writing and mail it to the litigants. (They do this so that the losing party doesn't start screaming, yelling, and disrupting the courtroom immediately after a decision.).
IS IT WORTH IT TO GO TO CIVIL COURT?
The answer is yes. The long answer may be no. In small claims court in New York, you will get to present your case to the Judge rather quickly after you've filed your claim.
But if there are adjournments by either side, then you will have appeared multiple times, lost time from work on each occasion, and waited endlessly in the courtroom, simply to be told that you must come back on another day.
Remember, there are hundreds of small claims filed every week. On any given day, the Judge might have 20-40 cases to dispose of. Not each case requires a trial, and many cases get put off for another day. Some cases may be resolved in a binding mediation with a lawyer appointed by the Court.
You must determine whether the time you are going to spend waiting around a courtroom for justice is worth missing at least partial days off from work. If you choose to have your case heard in the evening session because you can't get off from work, just keep in mind that you're not alone. Lots of other folks will also be there waiting to have their case heard.
While in the courtroom, you can expect to hear cases that are very trivial. You might even wonder why someone would bother to bring a claim for such nonsense, or why they'd spend any of their valuable time pursuing such a ridiculous claim.
The answer to the question stems from the right every citizen of this State has- the right to bring suit if they feel they've been wronged by someone else. That's the price of freedom. Democratic countries allow its' citizens the right to seek compensation for damages, whether it's personal injury or a contract that was broken. A promise is a promise. People should be held accountable for their actions.
Are there cases that even in small claims court don't belong there? Probably yes. But we, as spectators, don't have the right to criticize the claim, only the process. Does it make for interesting viewing? You bet. Even better than daytime TV or the latest reality show! Why? Because this is real life. This is reality.
We recommend letting a professional National Collection Agency handle your outstanding debts for the most effective and efficient no-upfront cost way to collect on monies owed to you.
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