There still exists the problem of collecting the judgement.
How are you going to force a large company to pay if they are already ignoring you?
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Judgements are something more than just a Customer Service issue. There are ways to compel payment via the same court system once you have a judgement, and any additional fees you incur attempting to collect can be claimed as well making them pay the fee's
You still need to have the money to go through the whole thing in the first place. Because when they don’t pay your small claims court case you’re right back at the normal court trying to enforce the payment.
Yes and no
Going to a court to enforce a judgment is going to be orders of magnitudes cheaper than a tort litigation, and there are FAR FAR FAR less delay tatics the lawyer could impose
So I still do not believe that is a reason not to use the small claims process
Seems people just want to have a deafest attitude
There is almost no down side from making use of the Small Claims system, could you still end up not being paid sure... but they have ALOT better change of getting the money with a small claims judgement than with no judgment, and small claims is pretty strait forward and inexpensive
Further once you have the judgement the ability to get consignment legal services goes up substantially as well
Yeah a civil case is an adversarial procedure with the court as a neutral party that makes a decision. And the two parties are expected to square after.
But an enforcement case the court is no longer a neutral party. It's enforcing it's previous decision. An enforcement order has the backing of the state.