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Old 07-23-2012, 11:06 PM
 
Location: Dallas, TX
35 posts, read 102,543 times
Reputation: 53

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Can anyone share their experience at Small Claims Court? Is it easy to file a case? Is it very time consuming? In case a decision goes against you, can the other party come after you? Can they file a fresh case in a jurisdiction of their choice in say Juneau, Alaska? In short, how painful is it & what are the potential downsides?

There has been many an occasion when I have fantasized dragging a blue-chip corporation (insurance carriers, Airlines & other such corporate crooks) before the courts of law. The intent was never to make money but to prove my point & penalize the wrong doer.

Thought I have been short-charged/stiffed/cheated with documented evidence but as yet another god-fearing member of the long oppressed middle-class, I am very leery of getting into a court battle. My only knowledge of law comes from reading John Grisham novels. Bottom-line, I am scared to drag somebody to small claims court. How easy or difficult is it?
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Old 07-24-2012, 06:31 AM
 
2,206 posts, read 4,747,614 times
Reputation: 2104
LOL.

You have read too many novels. Its one thing to win a case, its another to collect. If they have lots of real property, then its possible to collect. Maybe. You never know what kind of games they can play or who their buddies are or that they are hocked up to their eyeballs or there are a dozen other cases ahead of you.

Best thing to do is to make sure you never put yourself in a situation where you have to go to court.

That means only work with reputable people, don't pay until the work is done, complain early and often, do not rent or sell to lowlifes, never extend credit to anyone, make sure everyone has skin in the game, get a big deposit, and if it looks good, then its too good.

If a judge finds out you are wasting his or her time, then your name will be mud.
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Old 07-24-2012, 08:27 AM
 
Location: Irving TX
13 posts, read 65,241 times
Reputation: 24
Keep in mind... The max you can collect from small court is $5000. However, it vary from state to state.
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Old 07-24-2012, 08:31 AM
 
Location: Irving TX
13 posts, read 65,241 times
Reputation: 24
Hope this'll help. See Small Claims Court in Dallas County - Procedures



Last edited by BstYet2Be; 07-24-2012 at 10:46 PM.. Reason: Copyrighted - you must post link only, not the entire site article
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Old 07-24-2012, 09:38 AM
 
588 posts, read 957,318 times
Reputation: 511
I think, in TX, you can collect up to $10,000. Maybe.
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Old 07-24-2012, 04:45 PM
 
6,819 posts, read 14,032,189 times
Reputation: 5748
Well there is huge difference between winning a case and getting paid for that win. It's been years since I went to small claims court but when I did I found out it was a waste of time. I won my case there was nothing they could do to have the other party pay up.
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Old 07-24-2012, 09:26 PM
 
Location: East Dallas
931 posts, read 2,134,836 times
Reputation: 657
Small claims court is the only place I know of that the Judge is on the little guys side. As far as collecting I don't know but when I worked near one I would sometime visit and watch what happened. I do know that some companies will pay or settle but once again it does not cost that much either.
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