You may want to show someone that you really mean business by taking legal action. But the reality is, no one really wants to spend his or her time and energy taking someone to Small Claims Court (SCC). So before crossing, look both ways. There are some things you may want to know.
We all crave to be right
Yes, litigating in court will resolve your dispute but remember, you may think you are right but so does the other party. There’s a saying: “You’re 100% right 50% of the time.” Don’t think your day in court is just that, you’ll only have a few minutes in front of the judge to present your case. Things move quickly so keep this in mind.
It’s the law
You think you’re pretty familiar with the law? Well, the presiding Judge knows a lot more than you. Understand your limitations and be humble about your knowledge. Remember; only a defendant can file an appeal and you could be counter-sued.
It’s not a walk in the park
Taking someone to Small Claims court involves understanding how it works and going through the process. A Demand Letter, filling out multiple forms, deadlines, filing in the right county, serving papers, proof of service, fees to pay, the list goes on. Remember; fully understand the requirements and procedures of your local court before making your decision.
Looking through rose-colored glasses
It’s proven that we all tend to see things from our own life’s experiences. There’s nothing wrong with that until you find that winning your case means only that. You still need to collect on your judgment. If the other party is uncooperative, be ready to pony up extra money and more court time to help get what you’ve been awarded.
Don’t bury your head in the sand
I’ve seen it time and time again. Some people intend to prove something and want a higher order or jury to impose a decision for maximum impact. Don’t fall into that trap or let your ego get the best of you. Remember; the judgment can go against you.