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For most people, it is not worth it. It is a lot more difficult than people think to present a case effectively in front of a Judge or a Jury, especially if you are not a practiced attorney that is familiar with the law (whether it is strictly enforced in court proceedings or not).
A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
In small claims court, many of the procedures are simplified. There is often not much discovery before trial, which eliminates substantial complexity from a case. Furthermore, at the trial itself, there are usually relaxed procedures.
Short answer: No to the threat but small claims might be an option but probably best to just write it off as a bad experience and move on with you life. Litigation will probably turn a bad experience into a really bad experience.
Small claims suits cannot exceed $3500, excluding interest and court costs. Small Claims is an informal method of resolving civil disputes; formal rules of procedure do not apply.
Small claims court is worth it when you know you are deterring someone from potentially harming others the same way they harmed you. You may also want to help others determine whether to do business with that person or corporation in the future, as court decisions are part of the public record.
In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.
This study answers two fundamental questions about small claims courts: (1) Who usually wins? (2) Do victors collect their judgments? The rate of victory for plaintiffs who file claims and appear in court is eighty-five percent. Of winning plaintiffs, fifty-five percent never collect any part of their judgments.
If ever there was a super legal-sounding term for a fairly common occurrence, it would be injunctive relief. It essentially means to get someone to stop doing something. In other words, you want to enjoin (stop) the other party from doing something.
State judges can apparently be sued for injunctive relief, albeit in limited circumstances. Plaintiffs should apparently first seek, and federal courts should first award, declaratory relief before reaching for the more drastic remedy of an injunctive decree.