
"Small-claims court isn't very helpful for cases with complicated facts
or relationships," says Peter Lovenheim, co-author of
Mediate, Don't
Litigate (Nolo, $17,
www.amazon.com). "And most disputes are complicated." So before
threatening to drag your neighbor or dry cleaner into small-claims
court, consider the following reasons not to.
"You want to end a problem, not a relationship," Lovenheim points out.
Think twice before suing someone you see daily or may have to do
business with again. There is a limit to the amount you can sue for (usually between $3,000
and $5,000), and if you lose the case, you may have to pay any lawyers'
fees (yours and theirs), if applicable. Court cases are complex. You could lose your case on a technicality,
the other party could countersue over the same dispute, and in most
small-claims cases the plaintiff cannot appeal the decision. The judge is concerned only with the facts of the dispute, not your
history with the other party. And it's a win-or-lose situation, with the
judge deciding the outcome.Even if the court decides in your favor, you may not get paid. You not
the court are responsible for collecting the settlement.