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does small claim court actually work?

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  1. #11

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    I wondered if I could do that? file a claim for each one separately - seems a bit unlikely - I did the jobs over a period of 3 months

    but the amount owed is over 50 - seems against the spirit of the court?


  2. #12

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    How many invoices do you have over a 3 months? Take the oldest / most overdue invoice and test based on that as that is the most severely overdue invoice.

    Whats more important - cash or spirit of the court?


  3. #13

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    cash without doubt !

    unfortunately I did bundle the main problem into one invoice.. 90k and 3 older small invoices amounting to around 15 k

    the person in question claims to have sent me 10%... ( have screen shot - need check banking when I have a sec)





  4. #14

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    Scambles, it isn't worth engaging a decent law firm for a debt of 110k. You could probably find a cheap local law firm to write a few threatening letters and draft a claim for 15-20k, but they'll be woefully exposed if it actually goes to court.

    Just meet him and tell him to repay, give him a repayment shcedule. If he doesn't, file a small claims court claim for the 15k first (you have 6 years in which to claim, so you have a lot of time to claim for the others). Once you file the claim you will need to serve it on him. That means you can walk up to the premises and embarass him infront of his employees. Tell him that this is just the start.

    scrambler likes this.

  5. #15

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    Quote Originally Posted by shri:
    The advantage of Small Claims is that the principals are involved directly. No lawyers.

    If nothing else, brings the guy into the same room as you.
    Not necessarily. The defendant can choose not to attend. If that happens, they will usually schedule a second hearing. If he fails to appear at that one as well, you'll usually get a judgment in your favour. The problem though is then enforcing that judgment.

    If the defendant does show up, the staff will encourage you to settle out of court.

  6. #16

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    @bookblogger but do people who run normal and functioning businesses dodge small claims and fight judgements? I cN understand a business that is close to bankruptcy dodging small claims and bailiffs but if you are just late and tardy, would this not push you to settle?


  7. #17

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    @bookblogger but do people who run normal and functioning businesses dodge small claims and fight judgements? I cN understand a business that is close to bankruptcy dodging small claims and bailiffs but if you are just late and tardy, would this not push you to settle?


  8. #18

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    Quote Originally Posted by shri:
    @bookblogger but do people who run normal and functioning businesses dodge small claims and fight judgements? I cN understand a business that is close to bankruptcy dodging small claims and bailiffs but if you are just late and tardy, would this not push you to settle?
    Dodge the hearings, yes, but I still got a settlement each time I did this... you have to use the judgment to embarrass them by showing up to their premises and asking their staff about it.